Beall v. Stokes

• Decision Date: 28 January 1895
• Parties: BEALL et al. v. STOKES et al.
• Court: Georgia Supreme Court

22 S.E. 637

95 Ga. 357

BEALL et al.

v.STOKES et al.

Supreme Court of Georgia.

Jan. 28, 1895.

Courts of Ordinary—Jurisdiction—Guardians for Lunatics.

Courts of ordinary in this state have no jurisdiction to appoint guardians for lunatics residing in, and who have been committed to the lunatic asylum of, another state; and, where such a lunatic has an estate within this state, the superior court, in the exercise of its equitable powers, has jurisdiction over the same, and may, at the suit of the wife of such lunatic, upon proper allegations, appoint a receiver and take possession of and administer such estate. (Syllabus by the Court.)

Error from superior court, Randolph county; AM. Griggs, Judge.

Action by John H. Stokes, executor, and others against H. O. Beall, guardian, and others. Decree for plaintiffs, and defendants bring error. Affirmed.

Hood & Moye and Harrison & Peeples, for plaintiffs in error.

Hardeman, Davis & Turner, W. C. Worrill, and W. B. Willing-ham, for defendants in error.

ATKINSON, J. It appears from the record in this case that the lunatic whose estate was involved in this litigation was a resident of, and had been committed to the lunatic asylum in, the state of Alabama. It appears further that he had an estate situated in the county of Randolph, in the state of Georgia, and that the wife and child of this lunatic, who brought this proceeding, were residents of the latter state; that a number of years ago, and while the lunatic was a resident of, and an inmate of the asylum in, the state of Alabama, the ordinary of Randolph county had appointed a guardian for that part of his estate which was situated in that county, who had taken possession of that property, and had refused, according to the allegations in the bill, to make any provision out of that estate for the maintenance of this wife and child. The wife, for herself, and as guardian for her minor child, brought a petition against the guardian, praying that a receiver be appointed by the court to take possession of the estate, and that the guardian be required to account, etc. Upon the hearing the court granted the relief prayed, and exception was taken to the granting of this order.

Under the view we take of this case, it is unprofitable to inquire into many of the matters and things set up in the defendants' answer. The Code of Georgia (section 1852) authorizes the ordinaries of the severalcounties of this state to appoint guardians for idiots, lunatics, and insane persons, and...