109 Ga. 259 | Ga. | 1899
Some sixty-seven acres of land were set apart by the ordinary of Laurens county, as a portion of a year’s support for Mrs. Kea, the widow, and Annie L. Kea, the minor daughter, of James W. Kea. Included also in the year’s support was a note duo the deceased husband and father by a third party. In order that this note might be more readily collected, C. S. Pope was appointed guardian of Annie L. Kea. He had, after the setting aside of the year’s support, married the widow, and he was by her placed in possession and control of the lands set apart. He rented out the land and collected the rent. The minor daughter lived with him and his wife, and was supported and educated by him until she was married. After she had married and had become of age, she cited him to appear before the ordinary of the county to make a settlement as her guardian. The ordinary adjudged that Pope was, as guardian, indebted to his ward in a certain sum. From this judgment Pope appealed to the superior court, where the matter was referred to an auditor. The auditor, after hearing evidence as^ to the value of the board, clothing, and education given the minor, the amount Pope had received from the land, etc., found that Pope was, as guardian, indebted to his ward in a sum somewhat smaller than that found by the ordinary. To this report Pope filed exceptions both of law and of fact. On the hearing before the judge of the superior court, he sustained the exceptions, and decided that Pope was not, as guardian, indebted in any amount to the plaintiff.
It is unnecessary, in the view we take of the case, to pass seriatim upon the exception filed to the auditor’s report, or to set them out at length; for the exceptions, both of law and of fact, depend upon one question alone. Under our code, when a year’s support is set aside for a widow and a minor child, or minor children, jointly, each of them has an equal undivided interest in the property so set aside, but the widow has the entire control and management of it all. When the property has beéñ set’aside jointly to the widow and minor children, a minor can not, even after marriage or majority, force a divi