92 A. 982 | R.I. | 1915
This is a petition for a writ of certiorari sought to be issued for the purpose of quashing a certain decree of the court of probate of the town of Exeter, in the county of Washington, in this State, entered May 6th, 1901, whereby Eben Slocum of said Exeter was appointed guardian of the person and estate of said Zachariah T. Champlin, of said Exeter, a person of full age, but represented to be wanting in discretion in the management of his estate and liable to bring himself to want and to render himself a charge upon said town. The allegations of the present petition are that said decree is defective and invalid in that it does not show the finding of the facts necessary to entitle the court to enter such decree. Service of the citation issued on the pending petition was made upon said Eben Slocum and the probate clerk of said probate court. Eben Slocum has appeared and "contends that the petitioner is not entitled to be heard;" and that "this petition was brought against the will and wishes of the ward Zachariah T. Champlin." The petition in this case is brought by "George H. Champlin . . . as son and next friend of Zachariah T. Champlin, a person of full age . . ." and is signed "George H. Champlin." In other words, it is not the petition of Zachariah T. Champlin and does not purport so to be except in the caption. Unless this defect is only a formal one and thus amendable the petition has no standing in court. The record produced shows that George H. Champlin appeared before said court of probate and opposed the appointment of said Eben Slocum as guardian, yet he could not have taken an appeal from said decree because not "aggrieved" thereby. Hadfield v. Cushing,
It is denied and dismissed.