Hemphill v. Smith

Citations

• 128 Miss. 586
• 91 So. 237

Syllabus

<p>1. Guaedian and Wabd. Insane 'persons. Parent may not appoint testamentary guardian 'for adult imbecile child.</p> <p>A parent is without power to appoint a testamentary guardian £or an adult child, though such child be an imbecile.</p> <p>2. Wills. Testamentary trust not invalidated by void provision appointing guardian for child.</p> <p>A trust created by the will of a parent for .an imbecile child is not invalidated by a void provision therein by which the testator attempted to appoint a guardian for such child.</p> <p>3. Insane Pebsons. Guardian’s conviction sufficient to justify removal.</p> <p>The conviction of a guardian of an imbecile child for a felony is sufficient to justify his removal as such guardian.</p> <p>4. Appeal and Ebbob. Determination made solely on record of court below.</p> <p>A case appealed to the supreme court must be there tried solely on the record made in the court below, and the subsequent reversal of a judgment introduced in evidence on the trial in the court below cannot be taken into consideration.</p>