Muse v. Muse

Decided November 15, 1898

Mississippi Supreme Court · decided 1898-11-15

From the chancery court of Madison county. Hon. H. C. Conn, Chancellor. The appellee, Margaret P. Muse, applied to the chancery court for letters of guardianship upon the person and estate of Martha Muse, a lunatic. Edgar H. Muse, appellant, opposed the appointment, and, showing that he was next of kin to the lunatic, prayed that he might be appointed guardian both of the person and estate, but especially of the estate of the unfortunate person non compos mentis.

Good law ✅— No negative treatment on recordhow we know

Decided 1898-11-15

How this case has been cited

Cited by 3 later decisions — most recently March 1960

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Woods, C. if.,

¶1delivered the opinion of the court.

¶2We have no statute which confers upon the nearest of kin of an adjudged lunatic the legal right to have the guardianship of the lunatic. The cases cited by counsel for appellant involved the legal right of the nearest of kin to have the guardianship of a minor. In such cases the law conferred the right upon the nearest of kin to guardianship of the minor. But we have no such statute as to the appointment of guardians of the person or estate of insane persons. The power of appointment in such case is confided to the discretion of the chancery court, and, in the case before us, that discretion appears to have been wisely exercised.

¶3Affirmed.