The Coeur d'Alene press. (Coeur d'Alene, Idaho) 1892-1907, 1904-12-17
PRIEST WINS BRADY CASE
SUPREME COURT DECISION
Decision Of district Court ~ shs Matte. Of
Brady 0hiidFsn's 0uarsiianship j. RE-
vsrssd and Father ParesIi win be Ete-
tInbarssa for ENpsnse u Litigation.

decision Of Judge Ralph 4. Morgan.
Of the district court u KootanaI
county, Ia the matter Of the guardian.
ship o. Arra and Elmer Brady, infant
children Of John e. Brady, deceased.
The case arose out Of the facts and
transactions disclosed In the ease ~
Pine W. Callahan, Idaho, esfi II
Pacific, t73.
IN the paFpoFted will a. John c.
Brady, deceased, Thomas J. Purcell
was named ~ guardian Of the minors,
Arva and Elmer brady. Purcell was
appointed general guardian Of the
psTsons and estates Of tho minors BY
the district court of Kootenai county
on July 20, 1901. The children
were living with their father
In Rathdrum al the time Of hia
death. Their mother had died two
ysam before. On July 90, 1901,
James Pine, Of Iowa. waa appointed
their guardian BY the district court
u ksokuk, loWa, Between the goth
and 2ath days d July, 1901, Pine.
who IL 8 maternal uncle 0f the
minors, Ia some SUBSCRIPTIONS man
nSr, a. least NOT By an order q any
Idaho court, removed the children
from Idaho 20 Iowa.
II IL eisar, the opinion states, that
Pine VAS neither the natural nor
taatamsntaET guardian u tho minors
and u l. doubttai II, under the facts
Ia this case, BE- bad any poser OF
Authority 10 ehangn their domIcile.
The parental and maternal grand
parents of ihe minoss wefo ali living
al the ttme ~ RFndy's death.
sopu aftaF syady's delniao, John
q silsbau. Who waa pamod 81 "a
81 "a thc pnrpuEtrd Hili, aied
ssanisug "a tbs pFoiate Quart %
- ~ pguuty nud asked leave tn
b. Asloa document protested. Atoni
! time Pine died petition
thai be - appoiHied guardian
~ fur the purpose ~ contest
spa iaigy ~ lhe wiii Tho
pasl ~ granted aad Pine sue
osssiul,f prosecuted tbs contest 81
tha ullllso iual iugdmeut "a tho
rnss ~ Pine ~, Callahan.
Sftss che copeinaion Of this lisisn
tiou over tbs probate IL the piil, tbs
general guardian, Thomas }, Purcell.
Who bad beeu appointed by the Idaho
cqnrt, tilud bic petition tn the rro.
faaHa s.ssFsNs - E~9e...zB -..,.aa
eumranirsi ~ an isemlzoll account 81
bic expenses aud disbursements In.
CURED IL carrying ou The litigation
end prayed for settlement aud
allowances 90 The same To THE
petition Pine fllpd demurrer and
answer, lnferposing two grounds Of
demurrer. aget that tho court had no
jurisdiction aud second that che
petition did not state facts sufficient
90 constitute cause ~ action The
demurrer was sustained hy thn ,au.
bate court ana judgment Was entered
dismisainR pBruoli's pstition From
the judgment and order Purcell ap.
poaled 20 the district court where
the matter was again heard upon the
demurrer and the Judgment aud
order uf the probate court was
affirmed. From the judgment and
order ~ tho district court Purcell
appealed 10 the supreme court.
Tho opinion, which was written by
Justice Ailshie and couourred in by
bic associates. states that the court
does not understand how the un.
authorized removal Of the wards from
the Jurisdiction Of the domicile 20 /
another state or the appointment of a
guardian by court Of foreign iuris.
diction can Gust the courts Of this 4
state Of the Jurisdiction which they
had once acquired. The opinion
holds that the probate court OF
kootenai county had the right to ap. I
point general guardian for the
minors and TO direct and control his |
conduct ne such guardian.
The syllabus Of The opinion says:
1.-THE probate court Of this state
has jurisdiction to appoint a guard.
ian for minors domioiled In this
state and after having made such ap.
pointment the courts retain iurisdic.
tion for all purposes In connection
Herewith until tho guardians &C.
counts are rendered and he 10 legally /
discharged.
Where a testamentary guardian
for minor children IL named by the 1
last will end testament Of a deoed.
emit and there ie reasonable ground to
believe that the will ia valid and /
legal, q general guardian of the
minors IL justified in mourning ex-
penues necessary in resisting = con.