Halifax County, NC - Lemuel Long v. Jesse Rhymes, 1812 From Halifax By the law of this State no one has a right to the guardianship of an infant, except as testamentary guardian or as appointed by the father by deed or by the County or Superior Court. The appointment of a guardian by court is a subject of sound discretion to the court making the appointment, and another court will not rescind the appointment without perceiving that injury is likely to result from it to the person or estate of the orphan. The plaintiff and defendant applied to the County Court of Halifax for the guardianship of the orphan children of the late Lunsford Long, deceased. The plaintiff was the brother of the deceased, and uncle, on the father's side, to the children. No testimony was exhibited in the County or Superior Court, but the former committed the guardianship to the defendant, from which the plaintiff appealed; and the question was, Who was entitled to the guardianship? Taylor, C.J. By the law of this State no one has a right to the guardianship of an infant, except as testamentary guardian or as appointed by the father by deed or by a County or Superior Court. The act of 1762 regulates this subject in such a manner as to render unnecessary a reference to any prior rule. It is a subject of sound discretion with the court making the appointment, which another will not annul without perceiving that injury is likely to result from it to the person or estate of the orphan. Neither of these parties can be said to have a right to guardianship; but as Rhymes had been appointed, and there is no imputation against his character or conduct, nothing shown to the court inducing a belief that he may or will mismanage the estate, we must presume that the County Court has decided rightly. The appointment of Rhymes must therefore be confirmed. Source: NC Reports January Term, 1812 NC Supreme Court Pg 95-96 ______________________________________________________________________ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm This file was contributed for use in the USGenWeb Archives by Guy Potts - gpotts1@nc.rr.com ______________________________________________________________________