13 Ind. 159 | Ind. | 1859
Nettleton, in 1852, was appointed guardian of Julius Parke and others, by the Probate Court of Posey county. Having removed from the state since his appointment, he was cited to appear and show cause why he
The Court, on the hearing, refused to receive any additional security, although it was offered, and although the matters set up in the answers were proven to be true, but removed the guardian and revoked his letters “on the sole ground that he was a non-resident of the state of Indiana.” Nettleton excepted, and áppeals to this Court.
The statute provides that a guardian may be removed “for habitual drunkenness, neglect of his duties, incompetency, fraudulent conduct, removal from the county, or any other cause which, in the opinion of the Court, renders it for the interest of the ward that such guardian should be removed.” 2 R. S. p. 325, § 11.
The above section authorizes the removal of a guardian for a “removal from the county,” and is sufficient to justify the ruling of the Court below. We do not mean to say that where a guardian has removed from the county, it would be imperative on the Court below to remove him from his trust; but where the Court below does remove him for that cause, the statute expressly authorizing it, we have no authority to revise the discretion of the Court below, thus exercised. As was said by the Court, in the case of Young v. Young, 5 Ind. R. 513, “ In cases like this, a large discretion must necessarily be left to the Court having original jurisdiction, and we will not disturb their action unless that discretion is grossly abused.” No such abuse of discretion appears in the case. To be sure, the guardian had properly discharged his duties, but he had removed not only from the county, but from the state.
The judgment is affirmed with costs.