Estate of Moxey

Citations

• 2 Coffey 369

Syllabus

<p>Guardian of Incompetent—Matters for Consideration in Appointing. In proceedings for the appointment of a guardian for an alleged incompetent and for her estate, the opinion of an alienist as to her mental condition over sixteen years before, when he visited her in a social way and conversed with her, is not too remote for consideration, because in such eases the personal history of the subject and her heredity, temperament and diathesis, are taken into account to enable an intelligent appreciation to be had by the investigator, whose judgment must be instructed as to effect or defect by searching for cause, however far back it may seem necessary to trace it. The concern of the court, however, is not with the condition of the alleged incompetent at such previous time, but with her status as to competency of mind at the date of the application for guardianship and at the time of transactions therein referred to as conceived in fraud with a view to impose upon her and obtain her property through her mental weakness.</p> <p>Guardian of Incompetent—Nature of Proceedings to Appoint.—A proceeding for the appointment of a guardian for an incompetent person and for his estate, as provided by section 1763 of the Code of Civil Procedure, is not an inquisition in lunacy, but an inquiry as to mental competency to manage one’s property.</p> <p>Insane Persons Distinguished from Incompetent Persons.—‘ ‘ Insane ’ ’ and “incompetent” are not necessarily convertible terms; a person may be incompetent by reason of insanity, or from some other cause incapable of earing for his property.</p> <p>Guardian of Incompetent—Jurisdiction of Court to Appoint.—Whatever doubt existed in former times as to the authority of courts to appoint guardians for incompetent persons, as distinguished from persons actually insane, is now removed in this state by the explicit language of the statute, conferring jurisdiction in this class of cases, and making it the peculiar province of this tribunal to pro