McDowell v. Bonner

Citations

• 62 Miss. 278

Syllabus

<p>1. Guardianship. Granting of letters. Custody of minor, when to be awarded.</p> <p>In granting letters of guardianship of a minor, it is improper, ordinarily, for the court to award the custody of the infant. The law gives the guardian the custody of his ward’s person, except where the ward has a parent ' living who, though not his guardian, is a suitable person to be his custodian. (Section 2099, Code 1880.) And when the guardianship of a minor having a parent living is granted to another person, the question whether the parent is a suitable person to have the custody of the minor should generally be left open, to be determined when brought into controversy as the sole matter for adjudication.</p> <p>2. Same. Of pea-son distinct from estate. Section 2099, Code 1880.</p> <p>Where a guardian is not the parent of his ward, but the latter has a parent living, the guardianship of the ward’s estate is distinct from the guardianship of his person, under § 2099 of the Code of 1880, which provides that the guardian shall not be entitled to the custody of the ward as against the parent, if the parent be “a suitable person to have the custody of the minor.”</p>