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RUTHERFORD v. BEST

No. 459-79.

421 A.2d 1303 (1980)

Hugh RUTHERFORD, a minor child, by his mother and next friend, Mary Ann Rutherford v. Robert and Shelly BEST.

Supreme Court of Vermont.

September 11, 1980.

Attorney(s) appearing for the Case

Peter H. Carter of Mahady, Dunne, Hershenson & Scott, Norwich, for petitioner.

Keyser, Crowley, Banse & Kenlan, Inc., Rutland, for respondents.

Before BARNEY, C. J., DALEY, LARROW and HILL, JJ., and SMITH, J. (Ret.), Specially Assigned.

HILL, Justice.

This is an appeal from the denial of a petition for habeas corpus. The petition was brought by Mary Ann Rutherford, on behalf of her minor child, Hugh Rutherford, to challenge the constitutional validity of 14 V.S.A. § 2645(2). That statute provides:

On the application of a minor, his relative or friend, the probate court may appoint a guardian of such minor in the following cases:

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