In re Kingsley
| Decision Date | 30 March 1908 |
| Citation | 160 F. 275 |
| Court | U.S. District Court — District of Vermont |
| Parties | In re KINGSLEY. |
Cain & Benton, for petitioners.
Gibson & Waterman, Chase & Daley and A. P. Carpenter, for bankrupt.
The bankrupt filed his voluntary petition in bankruptcy February 24, 1908, was adjudicated a bankrupt on the same day, and the case referred to Referee Cudworth. On March 10th the petitioners filed their petition, alleging in substance that said Brigham was duly appointed guardian of said bankrupt on June 16, 1905, by the honorable probate court in the county of Cheshire, in the state of New Hampshire; that he is now serving as such guardian; that said bankrupt was, at the time of said appointment of said guardian, a resident of the state of New Hampshire, and that his residence has remained there from thence hitherto; that said Cain & Benton are creditors of said Kingsley; that said probate court appointed a commissioner under the laws of New Hampshire for the purpose of allowing claims of the creditors of said Kingsley; that prior to the appointment of said commissioner several suits had been commenced against said Kingsley and were pending in the courts of New Hampshire at the time of the appointment of said guardian and commissioner, whereupon, by virtue of the statute of said New Hampshire, all said suits were discontinued, and the creditors' claims have been passed upon by said commissioner, who has filed his report in said probate court; and that the adjudication of bankruptcy should be vacated for want of jurisdiction of this court. On March 12th notice was given that the court would hear the parties and their evidence relating to the facts set forth in said petition at chambers, in Brattleboro, March 25, 1908, at 10 o'clock a.m., at which time and place the parties, with counsel and witnesses, appeared and were heard.
It appeared from the evidence that said Kingsley filed with the honorable probate court aforesaid his petition praying for the appointment of a guardian over himself 'by reason of physical disability.' The copy of said petition before me bears no date; but there is appended thereto a copy of the probate court's decree, under date of June 3, 1905 granting the prayer of the petition, whereupon the petitioner, Hosea W. Brigham, was appointed guardian of said Austin N. Kingsley under date of June 16, 1905, and in the letters of guardianship this language is found:
'You shall take care of the person and estate of your said ward,' etc.
It appeared from the evidence that the guardian never made any attempt to control the person of his ward; that his ward, the bankrupt, left the state of New Hampshire, and came to Brattleboro, Vt., to reside, over a year before filing in this court his petition in bankruptcy, and has resided in said Brattleboro continuously ever since; that during his said residence in said Brattleboro, Vt., the said guardian has furnished his said ward, the bankrupt, funds for his living expenses, whenever applied to, without protest as to his ward's choice of residence.
It is claimed by the petitioners that a person...
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Security-First Nat. Bank of Los Angeles v. King, 1774
...U.S. 17; Colburn v. Latham, (S. D.) 143 N.W. 278; Lefebure v. Baker (Mont.) 220 P. 1111; Lusk's Admrs. v. Kimball (Vir.) 87 F. 545; In re Kingsley 160 F. 275; Wilson v. Hartford F. Ins. Co. 164 F. 817. The authorities cited by plaintiff on the question of jurisdiction are not in point. Even......
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Ballard v. United Distillers Co., 2229.
...v. Powers, 139 U.S. 156, 11 S.Ct. 525, 35 L.Ed. 112; In re Bankshares Corporation of the United States, 2 Cir., 50 F.2d 94; In re Kingsley, D.C., 160 F. 275; Pulver v. Leonard, C.C., 176 F. 586; Lawrence v. Southern Pacific Co., C. C., 177 F. 547; Fessenden v. Radio Corp. of America, D.C., ......
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Security-First Nat. Bank of Los Angeles v. King
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Jones v. Golden (In re Jones), 6373.
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