The choice of a guardian by orphans in Court, does not necessarily destroy the authority of the first guardian, especially without notice, and some evidence of his abusing the trust reposed in him. But the County Court may at any time remove a guardian, on proper cause appearing; and in the choice 6f a successor have entire discretion.
Bray's orphans v. Brumsey, 5 N.C. 227, 1 Mur. 227 (1809)
July 1809
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Supreme Court of North Carolina
5 N.C. 227, 1 Mur. 227
Bray’s orphans v. Brumsey, former guardian.
1 From Currituck. J
The choosing of a guardian by orphans in Court, does not necessarily destroy the authority of a former guardian. The Court can at any time remove a guardian upon proper cause shewn, and in the appointment of a successor have entire discretion.
Brumsey was appointed guardian to the Plaintiffs by the County Court of Currituck. Some time afterwards, the Plaintiffs moved the Court for leave to choose another guardian, which was granted ; and Wallis Bray being chosen by them, he was appointed by the Court, and entered into bond with security. Brumsey being dissatisfied with the judgment of the Court, appealed , and the case was sent to this Court upon the question, whether the choice made by the Plaintiffs of another guardian, superseded the appointment of Brumsey ?