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(DOWNLOAD) "Mitchell v. Mitchell Et Al." by Supreme Court of Minnesota ~ Book PDF Kindle ePub Free

Mitchell v. Mitchell Et Al.

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eBook details

  • Title: Mitchell v. Mitchell Et Al.
  • Author : Supreme Court of Minnesota
  • Release Date : January 08, 1942
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 68 KB

Description

COX, Justice. This is an appeal from a decree of the Probate Court dismissing a petition to vacate two decrees of the court, one appointing a guardian of the petitioner as a spendthrift, and the other granting a license to the guardian so appointed to sell the petitioners real estate. From the report of material facts, G.L.(Ter.Ed.) c. 215, 11, it appears that the respondent Louis A. George, on March 9, 1938, filed a complaint or petition dated March 4, 1938, in the Probate Court, alleging, in substance, that, in his judgment, Annie M. Mitchell of Quincy (who was then confined in one of our hospitals for the insane) was, in effect, a spendthrift, and praying that he be appointed her guardian. He signed the petition as Attorney for Annie M. Mitchell. See ONeil v. Glover, 5 Gray 144, 157. The petition contained the assents of said Annie M. Mitchell, of her husband (the respondent Mitchell), and of the Commissioner of Public Welfare in the City of Quincy, Anthony J. Venna. See G.L.(Ter.Ed.) c. 215, 47. It was allowed on March 9, 1938, and the guardians bond was approved on March 11, 1938. A libel for divorce against Mrs. Mitchell was then pending in that court, and George was counsel for the libellee in the divorce proceedings. On March 14, 1938, George filed a petition for license to sell his wards real estate, and a license therefor issued on March 16, 1938, but because of some defect in form this license was revoked, and, upon a new petition, a license for the sale of the real estate was issued on April 11, 1938. Both of these petitions were assented to by the said Annie M. Mitchell, by her husband and by said commissioner of public welfare. No citation issued on the petition for the appointment of the guardian or on the two petitions for license to sell real estate, and no waiver of notice by the department of mental Diseases was filed.


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