¶1 Guardianship in socage departed with tenure in socage. The court is uot bound to appoint the next ®f bin, or the person chosen by a minor $b,ove fourteen *39 years of age ; but by virtue of the act of assembly may and ought, to appoint that person who, in their discretion, they believe will best execute the duties of the appointment.
5 N.C. 38
Wynne v. . Always
Supreme Court of North Carolina
Decided December 5, 1804
Supreme Court of North Carolina · decided 1804-12-05
Appeal to Newbern Superior Court, on a guardianship. r¡r,j(e questions reserved for the opinion of this court were « Whether the choice of a guardian made by a person between the ages of fourteen and twenty-one years, is absolute so as to preclude the exorcise of the judgment of the county court, on any point not relative to the security to be given?” If this question be determined in the negative “ Whether the court, who rejects the choice, is not to give leave to the minor…
Decided 1804-12-05