Dugan, In re, No. 7636
| Court | Court of Appeal of Missouri (US) |
| Writing for the Court | RUARK; STONE, P. J., and McDOWELL |
| Citation | 309 S.W.2d 145 |
| Docket Number | No. 7636 |
| Decision Date | 31 December 1957 |
| Parties | In the Matter of Jerry Lee DUGAN, Joseph Wayne Dugan and James Thomas Dugan, Minors. MISSOURI PACIFIC RAILROAD COMPANY, a corporation, Movant-Appellant, v. Joel DAVIS, Public Administrator of Jasper County, Missouri, Guardian and Curater, Respondent. |
Page 145
James Thomas Dugan, Minors.
MISSOURI PACIFIC RAILROAD COMPANY, a corporation, Movant-Appellant,
v.
Joel DAVIS, Public Administrator of Jasper County, Missouri,
Guardian and Curater, Respondent.
Page 147
Harold L. Harvey, R. W. Yost, St. Louis, McReynolds, Flanigan & Flanigan, John H. Flanigan, Carthage, for appellant.
Emerson Foulke, Joplin, for respondent.
RUARK, Judge.
This, companion to In re Dugan's Estate, Mo.App., 309 S.W.2d 137, is an appeal from the judgment of the circuit court dismissing an appeal from the probate court, which had refused to revoke the appointment of a guardian for minor children.
On March 30, 1956, Joel Davis, public administrator, filed with the Probate Court of Jasper County his 'application for appointment as guardian and curator of minors,' in words as follows:
'Your undersigned, Joel Davis, Public Administrator of Jasper County, Missouri, respectfully represents that Jerry Lee Dugan of the age of 10 years, Joseph Wayne Dugan of the age of 12 years and James Thomas Dugan of the age of 16 years, are minors who have no domicile in the State of Missouri, but who have been found and are now present in the County of Jasper and State of Missouri.
'Your petitioner further represents to the court that the parents of said children are non-residents of the State of Missouri and that none of said minors have a qualified guardian and that your petitioner has been selected to serve as guardian herein.
'Your petitioner further states that each of said minors has a claim or choses in action against the Missouri-Pacific Railroad Company for damages of an indefinite value at the present time until the said claim has been prosecuted and liquidated.
'Your petitioner further states that he is the duly elected, qualified and acting Public Administrator of Jasper County, Missouri, and that he is qualified in law to become the guardian of such minors, and respectfully requests that he be appointed as such guardian.
'Joel Davis
'Joel Davis, Public Administrator'
On the same day the court entered its order, which is as follows:
'Now on this day comes Joel Davis, of Jasper County, Missouri and files his application of appointment as guardian of the person and estate of Jerry Lee Dugan, Joseph Wayne Dugan, and James Thomas Dugan, minors.
'Therefore it appearing to the court that said minors are in need of a guardian, and after an examination of said application of Joel Davis, and he being a suitable and proper person, it is ordered that he be appointed guardian of their estate and he is ordered to administer the same according to law under his official bond as Public Administrator.'
Thereafter the court issued the certificate of appointment, and inventory was filed for each of such minors. Such inventories showed no real estate and no personal property 'except an action for damages for personal injuries against the Missouri Pacific Railroad Company which resulted from an accident occurring on or about the 6th day of September, 1955.' A contract dated March 30, providing for the employment of one James A. Dooley as attorney to represent them in an action for damages against the Missouri Pacific on account of
Page 148
personal injuries suffered in an accident which occurred on September 6, 1955, at Chetopa, Kansas, was presented to the court and by it approved.On September 27, 1956, the Missouri Pacific filed its 'motion to revoke appointment of guardian and curator.' This motion challenged the validity of the appointment on the ground (1) the minors were residents of Kansas and had no estate in Missouri; (2) the application was insufficient to invoke the jurisdiction of the court because of failure to comply with the requirements of section 475.060, V.A.M.S., Laws of 1955, section 293, page 475; (3) the court was without jurisdiction under section...
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K.R. v. A.L.S. (In re A.L.R.), WD79123
...514, 515 (Mo. App. W.D. 1992) (holding that "'[t]he power to appoint guardians is purely statutory'" (quoting In re Dugan, 309 S.W.2d 145, 148-49 (Mo. App. 1957))). Letters of guardianship of the person of a minor may be granted:(1) Where the minor has no parent living;(2) Where t......
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In re Duvall, No. WD 64464.
...of section 472.080.1, these pleading requirements have been held to be subject-matter jurisdictional in nature. See In re Dugan, 309 S.W.2d 145, 148-49 (Mo.App. S.D.1957); In re Werner, 737 S.W.2d 761, 763-65 (Mo.App. W.D.1987); In re Flair, 44 S.W.3d 444, 449, 452-53 (Mo.App. Turning first......
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Williams v. Williams, WD 81613
...and estimated values of the incapacitated person’s property and consents of those who are willing to serve."In In re Dugan , 309 S.W.2d 145 (Mo. App. 1957) (relied upon by Rosenauer), the Court addressed an application for guardianship that was "so lacking in compliance with secti......
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Estate of Dothage, In re, No. WD
...statutes. The court may not on its own motion and without following the procedure required by statute appoint a guardian. In re Dugan, 309 S.W.2d 145, 148 (Mo.App.1957). The order entered by the court sua sponte in this case appointing William L. Orr guardian ad litem was void for want of j......
-
K.R. v. A.L.S. (In re A.L.R.), WD79123
...514, 515 (Mo. App. W.D. 1992) (holding that "'[t]he power to appoint guardians is purely statutory'" (quoting In re Dugan, 309 S.W.2d 145, 148-49 (Mo. App. 1957))). Letters of guardianship of the person of a minor may be granted:(1) Where the minor has no parent living;(2) Where t......
-
In re Duvall, No. WD 64464.
...of section 472.080.1, these pleading requirements have been held to be subject-matter jurisdictional in nature. See In re Dugan, 309 S.W.2d 145, 148-49 (Mo.App. S.D.1957); In re Werner, 737 S.W.2d 761, 763-65 (Mo.App. W.D.1987); In re Flair, 44 S.W.3d 444, 449, 452-53 (Mo.App. Turning first......
-
Williams v. Williams, WD 81613
...and estimated values of the incapacitated person’s property and consents of those who are willing to serve."In In re Dugan , 309 S.W.2d 145 (Mo. App. 1957) (relied upon by Rosenauer), the Court addressed an application for guardianship that was "so lacking in compliance with secti......
-
Estate of Dothage, In re, No. WD
...statutes. The court may not on its own motion and without following the procedure required by statute appoint a guardian. In re Dugan, 309 S.W.2d 145, 148 (Mo.App.1957). The order entered by the court sua sponte in this case appointing William L. Orr guardian ad litem was void for want of j......