Hosey v. Myers
| Decision Date | 28 September 1970 |
| Docket Number | 45902,Nos. 45901,s. 45901 |
| Parties | Thomas L. HOSEY, Sr. v. Sheila Hosey MYERS |
| Court | Mississippi Supreme Court |
A. S. Scott, Jr., W. O. Dillard, Collins & Tew, Laurel, for appellant.
Maxey & Clark, Laurel, for appellee.
This case involves the right to the guardianship of the persons and estates of three boys, twins age thirteen and another age seven. Mrs. Sheila Hosey Myers, appellee, an adult married sister of the children, filed a petition for letters of general guardianship. It was opposed by Thomas L. Hosey, Sr., natural father of the children. After a lengthy hearing, the chancellor held that the father was not "a proper or fit person to be appointed as guardian of said minors, is wholly unfitted for such purpose, and that it would not be to their best interests," which would be best served by the appointment of Mrs. Myers. The court "could not under any circumstances" appoint Hosey. The appeal from the decree is No. 45,901 on the docket, which was consolidated with No. 45,902, in which the chancellor refused a writ of habeas corpus, since the issue had been fully litigated in the guardianship proceedings.
the decree appointing Mrs. Myers as guardian of these children is amply sustained by the evidence. Moreover, the chancellor had the power to revoke the original letters of guardianship to Hosey on the day after they were issued, becuase he breached a substantial condition upon which they were based. Griffith, Mississippi Chancery Practice s621 (2d ed. 1950).
In 1964 Mrs. Frances Hosey, mother of the children, divorced Hosey and was granted custody. Mrs. Hosey was killed in an automobile accident on June 18, 1969. During the five years intervening between the divorce and her death, appellant was frequently in contempt of court for failure to support his children. In the meantime, he had married and was supporting his second wife and two stepchildren. During his marriage to the mother of the three minors involved here, appellant evidenced considerable emotional instability. He beat his wife and threatened to kill her and the children on several occasions, running them out of the house. He threatened suicide. After the accident which killed Mrs. Frances Hosey, the evidence indicates that appellant rushed to Laurel from his home in Mobile for various purposes, including cancellation of an assignment of a pension check for support of the children and his interest in...
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Nancy Viola R. v. Randolph W.
...re Marriage of Cline, 433 N.E.2d 51, 54 (Ind.Ct.App.1982); In re Marriage of Ballinger, 222 N.W.2d 738, 739 (Iowa 1974); Hosey v. Myers, 240 So.2d 252, 253 (Miss.1970); Schiele v. Sager, 174 Mont. 533, 540, 571 P.2d 1142, 1146 The Supreme Court of Iowa reasoned that assaults of a spouse rev......
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D.B. v. J.R.
...Marriage of Cline, 433 N.E.2d 51, 54 (Ind.Ct.App.1982) ; In re Marriage of Ballinger, 222 N.W.2d 738, 739 (Iowa 1974) ; Hosey v. Myers, 240 So.2d 252, 253 (Miss.1970) ; Schiele v. Sager, 174 Mont. 533, 571 P.2d 1142, 1146 (1977) ). We followed the reasoning of the Supreme Court of Iowa in I......
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In re Guardianship of Williams, 2004-CA-01886-COA.
...chancellor's ruling. In that precedent, the sister of the deceased mother of the children gained custody over their father. Hosey v. Myers, 240 So.2d 252 (Miss.1970). The chancellor's finding was affirmed that the father was not fit because of his emotional instability and the hostility of ......