In re Guardianship of Arva

Citations

• 10 Idaho 366
• 79 P. 75
• 1904 Ida. LEXIS 47

Syllabus

<p>General Guardian — Powers and Authority to Incur Expense in Litigation Over Probate oe Will — Jurisdiction oe Probate Court Plenary When Once Acquired.</p> <p>1. Tbe probate courts of this state have jurisdiction, to appoint a guardian for minors domiciled in tbe state, and after having made sueb appointment the courts retain jurisdiction for all purposes in connection therewith until the guardian’s accounts are rendered and he is legally discharged.</p> <p>2. Where a testamentary guardian for minor children is named by the last will and testament of a decedent, and there is reasonable ground to believe that the will is valid and legal, a general guardian of the minors is justified in incurring the expenses necessary in resisting a contest of such will, even though he should fail to establish its validity.</p> <p>3. In a petition for the settlement and allowance of a guardian’s account, it is not necessary to allege the steps taken in procuring his appointment, since probate courts are, in such matters, courts of general jurisdiction, and every intendment is in favor of the regularity of their judgments and orders. (Clark v. Rossier, ante, p. 348, 78 Pae. 358, approved and followed.)</p> <p>(Syllabus by the court.)</p>