Pettes v. Upham

Bingham, J.

The plaintiff is under guardianship as a spendthrift. Upon his petition for revocation, the probate court found, that the cause for guardianship had ceased; but his petition was denied, on the ground that his creditors’ rights might be injuriously-affected by a revocation before the completion of the pending-process of settling his estate in the insolvent course, under Gen. Laws, e. 186, s. 10. Without undertaking to determine what effect, if any, a revocation will have upon that process, or upon the rights-of his creditors, we are of the opinion that he is entitled to personal freedom and a decree of revocation.

Decree reversed.

All concurred.