Brack v. Morris

Citations

• 90 Kan. 64
• 132 P. 1185
• 1913 Kan. LEXIS 163

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Probate Court — Jurisdiction to Appoint Guardian — Decision Final. A probate court has general jurisdiction as to the care of estates of minors, and the matter of appointing a guardian for a minor and authorizing the transfer of property through a guardian being within its jurisdiction its decision in respect to them is binding and not open to collateral attack.</p> <p>2. Guardian — Appointment by Foreign Court — Proper Authen>tication of Records. A document which recited that a certain person had been appointed by the probate court of a territory as guardian of a minor, and which was signed by the .probate judge, who, under the law, is his own clerk, had attached thereto a certificate of the same probate judge to which the seal of the court was attached certifying that the foregoing document was a true, correct and complete copy of the original letters of guardianship as shown by the records of his office. Held, that it was in substantial compliance with the provisions of section 368 of the civil code governing the authentication of the records and proceedings in courts of other states.</p> <p>3. Foreign Guardian — May be Appointed Same Guardian in This State — Necessary Evidence. An appointment of a guardian in another state may, for the purpose of securing an appointment of the same guardian in this state, be proven by a duly authenticated copy of the original appointment, but it is not the exclusive method of proving that such appointment had been made. Other proof, admissible under the general rules of evidence, may be received for that purpose.</p>