Chase v. Bartlett
| Decision Date | 21 November 1932 |
| Docket Number | 8832. |
| Parties | CHASE et al. v. BARTLETT et al. |
| Court | Georgia Supreme Court |
Syllabus by Editorial Staff.
General principle that court first taking jurisdiction will retain it held inapplicable to proceeding to restrain applications for unnecessary administration pending in another county (Civ. Code 1910, § 4540).
Superior court judge, presiding as chancellor, is especially vested with authority to superintend both person and property of minor.
Where petition relating to infant's estate or person is filed in county where one of defendants is resident, superior court acquires jurisdiction, and infant immediately becomes ward in chancery.
In proceeding to restrain applications pending in another county for unnecessary administration of estates of which minor was undisputed sole heir, allowing grandmother-petitioner to retain custody of minor as temporary guardian held proper.
The minor was at the time in custody of the grandmother, and the others occupying the same close relationship offered no objection.
Restraining proceedings seeking to subject estates of which minor was undisputed sole heir to useless administration held proper.
Error from Superior Court, Carroll County; L. B. Wyatt, Judge.
Petition by M. A. Bartlett, as guardian, against E. C. Chase and others. To review the judgment, named defendant and another bring error.
Affirmed.
Where petition relating to infant's person is filed in county where one of defendants is resident, superior court acquires jurisdiction, and infant immediately becomes ward in chancery.
Sharron Griffin and his wife, Arhoda Pauline Griffin, were drowned at Lakemont, Ga., on May 10, 1931. They died intestate, leaving one child, Edna Clair Griffin, about ten years old. Sharron Griffin left an estate consisting of certain real estate in Fulton and Carroll counties, and certain life insurance policies issued by the Metropolitan Life Insurance Company and certain compensation insurance issued by the United States government. On June 6, 1931, T. E. Bartlett, the father of Mrs. Griffin, applied to the court of ordinary of Fulton county for appointment as temporary administrator of the estate of Sharron Griffin. He was appointed, and qualfied as temporary administrator. On the same day he applied for permanent letters of administration of this estate, and applied for letters of guardianship of the person and property of Edna Clair Griffin. To these applications objections were filed by E. C. Chase, the husband of a sister of Sharron Griffin. These objections were sustained, and the court of ordinary of Fulton county appointed Chase as permanent administrator of the estate of Sharron Griffin, and guardian of the person and property of Edna Clair Griffin. T E. Bartlett filed appeals from these judgments, which are pending in the superior court. On July 9, 1931, T. E Bartlett filed application for permanent letters of administration of the estate of Mrs. Arhoda Pauline Griffin. Objections were filed by E. C. Chase. This application is pending in the superior court on appeal. On August 5, 1931 Mrs. Mattie Ann Bartlett, the wife of T. E. Bartlett and the mother of Mrs. Griffin, applied to the court of ordinary of Carroll county for appointment as guardian of the person and property of Edna Clair Griffin. E. C. Chase filed objections. The court of ordinary overruled these objections; and on September 7, 1931, Mrs. Bartlett was appointed guardian as prayed. Chase filed an appeal, which is pending in the superior court.
On September 8, 1931, Mrs. Mattie Ann Bartlett, as guardian of Edna Clair Griffin, presented to the judge of Carroll superior court a petition in which E. C. Chase, T. E Bartlett, and the Metropolitan Life Insurance Company were named as defendants, and in which the foregoing facts were recited, and the following was alleged: Sharron Griffin owned certain real estate in Fulton and Carroll counties, as well as policies of life insurance with the Metropolitan Life Insurance Company of approximately $3,600, and compensation insurance with the United States government of $1,500. After the death of Sharron Griffin and his wife, petitioner took charge of Edna Clair Griffin and has had her in possession and charge since that time. Immediately after school closed in Atlanta in June, she brought said child to Carroll county, where she now resides and makes her permanent home, and the child has since been with her there. "Petitioner brings this petition for the protection of the estate of Edna Clair Griffin, after seeing and knowing the facts that have occurred already in this case, and your petitioner now knows and believes that the whole purpose of the matter is for E. C. Chase to secure possession, custody, and control of the funds belonging to the estate of Edna Clair Griffin, and that the whole objection made to the appointment of T. E. Bartlett was made for the sole purpose of E. C. Chase getting into possession of the funds as above set out; and that unless some one appears for the benefit of the child, that her estate is in grave danger of loss and injury to her interest, and it will be dispensated (?) to a great extent, and impaired on account of litigation, cost of administration, court costs, bond fees," etc. The insurance company refuses to pay the policies, for the reason they are made payable to Arhoda Pauline Griffin, and in the event of her death to the child, and is in doubt as to whom it should be paid, whether to the administrator of the estate of Arhoda Pauline Griffin or to the guardian of Edna Clair Griffin as administrator of Sharron Griffin. The company expresses its willingness to pay this money, but will not do so until it is legally determined who is entitled thereto. The compensation insurance cannot be collected until it is determined who is entitled to receive the money. Unless a court of equity assumes jurisdiction and settles all the issues involved, the estates of Sharron Griffin and Mrs. Griffin will be put to great expense unnecessarily, and the child whose interest it is sought to protect will suffer thereby. There are no debts of Sharron Griffin or his wife, except the funeral expenses, and there is sufficient money in the estate to pay them, but no one has authority to do so. ...
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