Modern Woodman of America v. Hester

Citations

• 66 Kan. 129
• 71 P. 279
• 1903 Kan. LEXIS 17

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Minor Children — Domicile. After the death of the father the domicile of the mother determines the domicile of minor children.</p> <p>2. -Actual Removal Unnecessary. If, at the time of the father’s death, minor children should be in Kansas, and the mother should be in Missouri, the latter state thereupon becoming her domicile, no actual removal of the childeren would be necessary to establish their domicile with that of the mother in Missouri.</p> <p>3. - Jurisdiction of Probate óourt. The probate court of their domicile has jurisdiction to appoint a guardian for minor children, even though they may not be within the state at the time, and the probate court of another state, where they may be sojourning merely, has no such jurisdiction.</p> <p>4. - Written Request of Parent of No Effect. A written request by the father of minor children that a designated person be appointed their guardian has no effect, after his death, to change their domicile, or to empower any probate court, foreign to their domicile, to appoint a guardian for them.</p> <p>5. -Legal Situs of Beneficiary Certificate. A beneficiary certificate issued by a fraternal beneficiary society, suable in Missouri, in favor of minor children domiciled in Missouri, has its legal situs at their domicile, and is an asset in the hands of a guardian appointed there, and the presence of the paper in another state does not authorize the appointment of a guardian for the minors in such other state.</p> <p>6. - Collateral Attack on Jurisdiction. The judgment of a probate court appointing a guardian, void for want of jurisdiction, may be attacked collaterally in an action brought by a person claiming under such appointment.</p>