The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-06-13
OPINION OF THE COURT BY WHITING. J.

OPINION OF THE COURT BY WHITING I
III 1850 the probate records of the Supreme Court now in the
"'" ''"r' OF the First Judicial Circuit, show that guardian
was appointed over kaua Kapukin she then being , minor
IN 1889 the guardian died and. ON October o 1889 /
n'Sooh was appointed her guardian 1892 Kalua became m
age but took no steps to have the guardians accounts settled
and the guardian discharged until December 1sa3 IN Eel
rr% = l>l the of the guardian were found c,r,
ana Oh the same day j. y Magoon filed his petition To- I an
GUARDIAN OF haua on the statutory grounds her being
f"u'hrIt' halna also filed. February 1894 her pc-
non asking that If the finds that she cannot keep control
or take charge of her property them T. NIakhaura m an
pointed her guardian. On February 20 1894 beorr,, r
n ana the court the First Circuit Judge probate appointed
! a. Magoon guardian of Kalua spcndtrrift Kalu, WA,
present and ao WAS represented by counsel testimony wa.
taken on her behalf kalua became Of April 1sa2 and
e he appointment q" guardian her a >pcndirift
e HAS married and Is now living with her husband The warl
haiua now petitions for guardianship and removal
OF guardian for stated in the petition and also for tcrmna
non OF the guardianship the ground that the 1nrroee f the
ward operated of law terminate tho. relation f
guardian and ward and discharge guardian The First
circuit Judge denied the petition and the appealed
ursatue relating guardians and wards provides that the
marriage OF any female who is under guardianship as minor
shall operate legal discharge to her guardian and tho
guardian OF any insane pendthr may be DISCHARGED
by any Judge of probate when appear TO him on the
application of the ward Otherwise that said guardianship !
no longer necessary (Section Comp L. Section 1878
Civil l.
This section confines it, declaration that the marriage Of the
ward SHALL operate legal discharge her guardian n co.c
wier" the ward under guardianship as ,i,or A. the same
time the marriage of female ward though the reason m
the guardianship that she spendtrift of necessity fer,
inmates the guardianship her person i concerned The
power which our statute (Section Comp L. gives tn and
he uuy winch 1t imposes the guardian spenltbr
' he shall have the and custody of the person of the
ward Is inconsistent with the wards to her husband
he marriage of ward of necessit terminates tho
guardianship the wards person This principle : f uver
sal acceptance far applied the pcrscn Of female ward
whether She minor adult for her relation =,
husband inconsistent with the power of guardian over her
person oerner ON Guardianship Pr. 335, The lawful
marriage OF any ward whether male female necessarily
affect the rights of the guardian the wards person
concerned there can be no question that the guardianship ends
Marriage paramount all other relations and rs ,,pr CON
finuance being inconsistent guardianship Of he no
the latter yields to it. whatever may he the sex II he ward
Schouler's Dom. Rel. p. 425.
The guardianship of the petitioner far - il .ccrrI I
person terminated upon her marriage But 90 far - br ~
cry Is concerned the do exist i favor of the
termination of the guardianship. lny hc , 10 the en-
acnent of the Married Woman- Act OF 1883 ii ,,r,
be SAID that the for guardianship over woman. nr,rv
ended with her marriage. because that time the husband ~
practically the least held control q all of tho
"eS property; but since the passage thar Act the wife Ia.
f"l e"tr" OF all her property excepting only a. m he liu
or m"r@"sl@ OF real estate. in which her husband. con
sem i necessary Although she sell mortgage her
lands she can lease the any Of wear, either f
yearly rental or for hump and in this vav woman # She
Is inclined to Il" So can successfully lessen and vast. ler ,
a by selling or mort@agig The necessity for TIE, ri,
OF her property >h" cndthrift not I'm any material
degree IeSSened 10y reason q" her marriage: there any in
consistency between the two relations guardianship If
estate and of marriage. The rule laid down in some iurI
ton that the marriage of female terminate ,
guardianship over her estate, probably based upon the fact that
in those Jurisdictions the husband possesses common, law ,