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· 7/1/1873

McKinney v. Noble

Citations

  • 37 Tex. 731

Syllabus

<p>1. A member of a connubial partnership died, leaving a-will in which she attempted to appoint a third party guardian of her minor child, the issue of the marriage connection. Held, that the surviving parent was the natural guardian of the child, and that portion of the will which attempted to cast its guardianship upon another was void.</p> <p>2. It is only the survivor of a marriage connection that can, by will, dispose of the guardianship of the minor child.</p>

Judges: Ogden

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