Ferguson v. Ferguson

• Decision Date: 23 April 1910
• Citation: 128 S.W. 632
• Parties: FERGUSON v. FERGUSON.<SMALL><SUP>†</SUP></SMALL>
• Court: Texas Court of Appeals

Page 632

128 S.W. 632

FERGUSON v. FERGUSON.^†

Court of Civil Appeals of Texas.

April 23, 1910.

Rehearing Denied May 21, 1910.

Appeal from District Court, Navarro County; H. B. Daviss, Judge.

Proceedings for appointment of a guardian for J. M. Ferguson, an insane person. To the report of A. D. Ferguson, the guardian, the ward excepted, and prayed his discharge from guardianship. From a judgment ordering the guardianship to be continued the ward appeals. Affirmed.

H. E. Traylor, for appellant. R. S. Neblett and Orman Simkins, for appellee.

BOOKHOUT, J.

The appellant, J. M. Ferguson, was on August 17, 1883, adjudged to be of unsound mind and insane in the county court of Navarro county, Tex., of which county he was at the time a resident and citizen, and a guardian of his estate was appointed. On March 3, 1885, the guardianship was transferred from the county court to the district court of Navarro county, because of the disqualification of the county judge in which court the guardianship has since been pending. A. D. Ferguson was regularly appointed guardian of said estate on October 13, 1900, and duly qualified. On August 29, 1908, J. M. Ferguson, by next friend, filed in court a suggestion that the guardian, A. D. Ferguson, was not administering the estate as required by law, and asked that he be required to make report, etc., of his guardianship. On October 7, 1908, the guardian filed a report covering his guardianship since his appointment. To this report J. M. Ferguson, the ward, and H. E. Traylor, as his next friend, filed exceptions, wherein it was alleged that J. M. Ferguson is now and for a number of years has been a citizen of El Paso county, state of Colorado, and that as such citizen he was on September 28, 1908, duly adjudged to be fully restored to his reason by the county court of El Paso county, Colo., a court of competent jurisdiction in such matters, and thereby restored to all his rights and privileges as a person of sound mind. There was a prayer that the court discharge him from guardianship and restore him to all of his rights and privileges as a person of sound mind, together with all the property held in guardianship. The guardian, A. D. Ferguson, filed special exceptions to that part of the contest, alleging that J. M. Ferguson had been restored to all his rights and privileges as a person of sound mind by the county court of El Paso county, Colo., and denied the allegation that he had been restored to his reason, and specifically alleged that said J. M. Ferguson "is now of unsound mind and incapable of managing his property, and that a real necessity exists for the continuance of the guardianship of the estate of said Ferguson, and the guardian prays that said Ferguson be now so adjudged and the guardianship be continued, and ever prays for all necessary and general relief."

After J. M. Ferguson was adjudged insane by the county court of Navarro county, he moved to Colorado, and became a citizen of said state. Although J. M. Ferguson had been adjudged insane and a guardian of his property appointed, there being no guardian of his person, he, acting in good faith, was authorized to change his residence. Talbot v. Chamberlain, 149 Mass. 57, 20 N. E. 305, 3 L. R. A. 254. On the 26th of September, 1908, a petition was presented to the county judge of El Paso county, Colo., alleging that J. M. Ferguson was adjudged a person of unsound mind in August, 1883, by the county court of Navarro county, Tex., and...