Gill v. Everman

• Citation: 60 S.W. 913
• Court: Court of Appeals of Texas
• Decision Date: 16 June 1900
• Parties: GILL v. EVERMAN.

60 S.W. 913

GILL v. EVERMAN.

Court of Civil Appeals of Texas.

June 16, 1900.

Appeal from district court, Cooke county; D. E. Barrett, Judge.

Proceeding by Jacob Everman, as nonresident guardian of Maude and Lizzie Gill, against Turner W. Gill, as resident guardian of the same wards. From a judgment of the district court reversing a judgment of the county court in favor of defendant, defendant appeals. Reversed.

For opinion in supreme court, see 59 S. W. 531.

Green & Hayworth, for appellant. Robert E. Cofer, for appellee.

STEPHENS, J.

This proceeding was instituted in the county court of Cooke county by Jacob Everman, as nonresident guardian of Maude and Lizzie Gill, minors residing in the state of Kentucky, to obtain letters of guardianship of the estate of such minors situated in Texas, and to remove the same (it being personal property) out of the state. The application was denied by the county court, but on appeal to the district court was granted; and from that judgment the resident guardian, Turner W. Gill, prosecutes this appeal.

The following is the transcript from the records of the Kentucky court upon which the application was founded:

"In the Matter of the Estate of Marcus Gill, Deceased. In the Bourbon County Court. In Probate. March Term. March 6, 1899. Transcript of the record in the above-entitled cause, including waiver, order of guardian, and guardian's bond, to wit:

"Waiver. `Feb'y 25, 1899. Hon. W. M. Purnell, J. B. C. C.: I hereby waive my right to qualify as guardian of my two children, Maude and Lizzie Gill, aged respectively 7 and 5 years, and request that my cousin, Jacob Everman, be permitted to qualify as such. Mrs. Mary Gill.'

"Order Guardian. `Mrs. Mary Gill, widow of Marcus Gill, deceased, filed her waiver herein; and on motion it is ordered that Jacob Everman be, and he is hereby, appointed guardian of Maude Gill and Lizzie Gill, infants under the age of fourteen years, and heirs of Marcus Gill, deceased. Wherefore he took the oath required by law, and, with D. L. Robbins and H. C. Gillispie, his sureties, executed bond to the commonwealth of Kentucky, conditioned agreeable to law.'

"Guardian's Bond. `The Commonwealth of Kentucky. Bourbon County Court. Whereas, Jacob Everman has been appointed by the county court of Bourbon county, and has qualified, as guardian of Maude Gill and Lizzie Gill, infants under the age of fourteen years, and heirs of Marcus Gill, deceased: Now, we, Jacob Everman, as principal, and D. L. Robbins and H. C. Gillispie, his sureties, do hereby covenant to and with the commonwealth of Kentucky that the said Jacob Everman will faithfully discharge the trust of guardian to said minors in all respects as provided by law. Signed this 6th day of March, 1899. Jacob Everman. D. L. Robbins. H. C. Gillispie. [U. S. Stamp, 50 cts.]'

"The Commonwealth of Kentucky, County of Bourbon. 1, E. D. Paton, clerk of the Bourbon county court, hereby certify that the foregoing ____ pages of typewritten matter is a true and correct transcript of the entire record in a certain cause pending in the Bourbon county court, sitting in probate, wherein Jacob Everman makes application for letters of guardianship of the estate of Maude Gill and Lizzie Gill, minors residing in said county and state, and being under the age of fourteen years; that I am the custodian of the records of the said court, which, under the laws of the state of Kentucky, has full jurisdiction in such causes; and that I have made the foregoing copy of said record from the original record in my care and keeping. In testimony whereof, I have hereunto signed my name and affixed the official seal of the said court in the city of Paris, state of Kentucky, on this the 18th day of March, A. D. 1899. Ed D. Paton, Clerk of the Bourbon County Court of Bourbon County, Kentucky. [Seal of the Bourbon County Court of Bourbon County, Kentucky.]

"The Commonwealth of Kentucky, County of Bourbon. I, W. M. Purnell, judge of the Bourbon county court, hereby certify that I am such judge, and that I am now the presiding judge of the said court, and the only presiding judge; that E. D. Paton is now the clerk, and the only clerk, of said court; that the signature of the said E. D. Paton, clerk as aforesaid, is his genuine signature, as signed to the foregoing attestation; and that the said attestation to the said transcript is in due form of law. Given under my hand on this the 18th day of March, A. D. 1899, in the city of Paris, state of Kentucky. W. M. Purnell, Judge of the Bourbon County Court of Bourbon County, Kentucky."

Our statute authorizing a proceeding like this requires the nonresident...