
    Ithamar Brigham versus Abraham Brigham.
    Upon the question, whether a guardian shall be appointed to a person non compos mentis, the Court will receive other evidence than what arises from an examination of the person himself.
    This was an appeal from a decree of the judge of probate ior this county, refusing to appoint a guardian to the said JLbraham, upon the complaint of the said Ithamar, his brother, who represented him. as non compos mentis, and he had been found such by the inquisition of the selectmen of the town of which he is an inhabitant.
    When the appeal came on to be beard in this Court, Draper, for the appellant, objected to any evidence being received as to the degree of intellect of the party; contending that the only trial must be by the inspection and examination of the person himself.
    
    
      Lincoln, for the respondent.
    
      
      3 Black. Comm. 332. — Fitz. N. B. 576.
    
   But the Court overruled the objection, and, after examining several witnesses, the party himself not being present, affirmed the decree of the judge of probate.  