123 Ga. 263 | Ga. | 1905
It appears from the record that Maggie Hay-slip’s father, Ben Hayslip, at the time of his .death was a resident of Lee county, where he owned a parcel of land. She was a child of very tender age when her father died. Her mother’s death occurred before her father’s. Soon after Ben Hayslip died his brother, W. T. Hayslip, took the child to his mother’s to live. The record does not disclose in what county his mother resided. Maggie lived with her grandmother until the latter died, when her husband, one English, took charge of the child, giving her to one Patterson, who carried her to Worth county where “ she was among several families for a while,” until Mrs. Elizabeth Gillis, who resided in Worth but who was of no kin to Maggie, took her to live with her. 4-6 this time Maggie was about three years old. She continued to live with Mrs. Gillis, who cared for, supported, and educated her, for nine years .or more. No one else ever contributed anything to the child’s support. On September 1, 1902, while she was still living with Mrs. Gillis, the ordinary of "V^orth county appointed Mrs. Gillis guardian of Maggie’s person and property. On May 4, 1903, the ordinary of Lee county appointed W. T. Hayslip guardian of Maggie’s person and property. Mrs. Gillis, as guardian, advertised the land in Lee county belonging to the child to be sold on the first Monday in January, 1904, when W. T. Hayslip, as guardian as aforesaid, interposed his claim to stop the sale. On the trial of the claim case the foregoing facts were adduced, and a verdict found against the "claim of Hayslip. He moved for a new trial, upon the general grounds that the verdict was contrary to law and the evidence, and without evidence to support it, and excepted to the overruling of his motion. The sole question presented for determination is, who" is, under the facts, the legal guardian of Maggie Hayslip? The Civil Code, § 2516, provides that “the ordinary of the county of the domicile of a minor having no guardian
Counsel for defendant in error relied on the decision in Darden v. Wyatt, 15 Ga. 414, which was as follows: “ A father dies in a county, leaving minor children; soon afterwards, the mother dies,, leaving minors in the same county. Then the grandfather
Judgment reversed.