Gray v. Parke
Citation | 162 Mass. 582,39 N.E. 191 |
Parties | GRAY v. PARKE. |
Decision Date | 03 January 1895 |
Court | United States State Supreme Judicial Court of Massachusetts |
J.G. Holt and D.O. Allen, for plaintiff.
C. Sampson, for defendant.
The guardian of an insane person has the management of all that person's estate. Pub.St. c. 139, § 11. Management means "control," as that word is used in St.1890, c. 410. A stranger who enters the ward's dwelling house against the direct prohibition of the guardian is liable to the fine imposed by the last-mentioned act. The defendant directly forbade the plaintiff to enter his ward's dwelling house, and she entered in spite of his order. Therefore, so far as appears, if the complaint against her had been tried, she must have been found guilty. The defendant not only had probable cause for making the complaint, but had a good case. The plaintiff asked to go to the jury on the question whether the prohibition was reasonable and in good faith. On the evidence, we suppose this means that the plaintiff wished to argue that the defendant's interest was to keep her from seeing his ward for some self-seeking motive, the ward being an invalid, and confined to her room. But there was no evidence that the defendant restrained his ward's person, and his power over the house was not dependent upon or affected by any motive for exercising it of which there is evidence.
Exceptions overruled.
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Neilson v. Alberty
......The words "manage" and. "control" are synonymous. Youngworth v. Jewell, 15 Nev. 45; Ure v. Ure, 185 Ill. 216,. 56 N.E. 1087; Gray v. Parke, 162 Mass. 582, 39 N.E. 191. To manage, or to control, does not confer upon one thus. invested with authority the right to sell. Blanton ......
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Southern Ry. Co. v. Flynt
...... to impose upon defendant the duty of keeping the crossing in. repair. "Control" is a synonym of. "management." Gray v. Parke, 162 Mass. 582, 39 N.E. 191; Youngworth v. Jewell, 15 Nev. 45, 48; B.R.,. L. & P. Co. v. Milbrat, 78 So. 224, 228; 2 W. & P. 1549. ......