33 Ky. 600 | Ky. Ct. App. | 1835
delivered the Opinion of the Court.
The County Court of Marion having appointed Nancy Isaacs guardian for her infant son, under fourteen years of age — made an order for suspending the appointment^ after she had given bond, and had been in every respect duly appointed, and after she had, as may be inferred, -left the Court; and, at a succeeding term of the Court, an order was made for nullifying the bond which she had' given, and for appointing the executor of her deceased husband’s will the guardian of her infant son, without her consent or knowledge; and she now complains to this Court.
It has been said, in Piat vs. Allaway (2 Bibb, 554,) that the removal of a guardian by the order of a County Court, is not such a judicial act as this Court can revise; because, as there suggested, the County Courts may, in their own discretion, and upon their own view or knowledge, without formal proof, remove a guardian. We admit that there may be cases in which such a discretion may be exercised; and we admit also, that, in
If then, a County Court, without jurisdiction, remove a guardian, or, having jurisdiction, remove one without cause, or without notice, surely this Court must have some revisory and corrective power over such an order of an inferior court of justice, whose admitted ju. risdiction is at least as ample as the public safety would admit.
The record in this case, does not intimate that there was any personal objection to Mrs. Isaacs; on the contrary, it authorizes the inference that there was none, and could have been none; but that the only reason for superseding her, was a belief that the executor — the-last competent person on earth who should be the guardian — had some prior or superior legal right to be appointed.
As then no sufficient cause is shown for rescinding the order appointing Mrs. Isaacs guardian', and she had no notice that any such thing would be attempted, the order should be reversed, if it be deemed a virtual removal from the guardianship, as it must be if she was ever guardian.
We are, therefore, of the opinion, that the County-Court erred in making the order for rescinding that which appointed Mrs. Isaacs guardian, and nullifying her bond, and consequently had no power to appoint another guardian, without first removing her, for good cause, and in a proper manner.
Wherefore, all the orders subsequent to her appointment are set aside.