In re McCoun

Citations

• 96 Kan. 314
• 150 P. 516
• 1915 Kan. LEXIS 374

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Minor Children— Domicile with Parents — Jurisdiction of Probate Court. Ordinarily the domicile of a child is the domicile of a parent, and where a father, the surviving parent who had the custody and control of his children, dies, the probate court of his domicile at the time of his death has jurisdiction to appoint a guardian for his minor children.</p> <p>2. Will — Parent May Designate in Will Guardian for Minor Children. Under the statute a surviving parent may, in his last will, designate and appoint a guardian for his minor children, and herein it is held that the guardian designated in the last will of the father of the minor children is vested with the same powers and required to perform the same duties as natural guardians exercise and perform.</p> <p>3. Same — Guardian Designated Should be Appointed if Fit and Proper Person. However appointed, it is competent for the court to inquire whether the guardian is a fit and proper person to execute the trust, and in such an inquiry the paramount consideration is the welfare of the children. Upon this inquiry it is held that the testamentary guardian, whose appointment was confirmed by the probate court of the domicile of the father of the minor children, is not shown by the testimony to be an unfit or improper person to have the care and custody of the minor children.</p>