84 Iowa 362 | Iowa | 1892
I. The first contention to be noticed is whether this case is triable de novo in this court. We
The first assignment is: “ That the court erred in
The following sections of the Code must be considered in disposing of this question:
“Section 2241. The parents are the natural guardians of their minor children, and are equally entitled to the care and custody of them.
“Section 2242. Either parent dying before the •other, the survivor becomes the guardian. If there be no parent or guardian qualified and competent to discharge the duty, the district court shall appoint a guardian.
“Section 2243. If the minor has property not derived from either parent, a guardian must be appointed to manage such property, which may be either parent, if suitable and competent.77
“Section 2246. Guardians appointed to take charge of the property of a minor must give bond,77 •etc.
In construing these sections we must have in mind that the paramount purpose of the law is to protect and promote the interest of the wards because ■of their inability to care for themselves. We must also accept the undeniable fact that many persons, and even some parents, are' not qualified and competent to discharge the duties of a guardian It is equally true that a person may be eminently qualified and competent to have the care and custody of a minor, and yet neither qualified nor competent to manage his or her property, and vice versa. The policy of the law is to place the interests of those subject to guardianship in the care of the •courts, and the courts are necessarily vested with a
It is contended that, as this minor has property not derived from either parent, the separation of the guardianship of person and property is authorized by section 2243. We do not. think that section has any application where both parents are dead. It only applies when the care and custody of the child is with the parents or parent, and is designed to preserve property of the minor not derived from either. The ques
III. The other assignments of error may be resolved into the single inquiry whether the evidence supports
Further mention of the facts bearing upon the selection is unnecessary. It is sufficient to say that we think the facts fully sustain the judgment of the court, and it is therefore Áeeirmed.