64 S.E. 187 | N.C. | 1909
This was an inquisition of lunacy. The jury returned the following verdict:
1. "Is Melissa Denny incompetent, from want of understanding, to manage her own affairs?" Answer: "Yes."
2. "Is Melissa Denny totally deprived of her reason?" Answer: "No."
Upon this return the clerk of the Superior Court refused to appoint a guardian and dismissed the petition. Petitioner appealed to the Superior Court. At November Term, 1908, his Honor, Judge E. B. Jones, overruled the clerk and directed the appointment of a guardian. Exception and appeal.
This proceeding is brought under the Revisal, sec. 1890, which was the Code, sec. 1670. This section clearly makes four classes of persons for whom a guardian may be appointed, namely, (1) idiots, (2) lunatics, (3) inebriates, and (4) those who are incompetent, from want of understanding, to manage their own affairs, by reason of the excessive use of intoxicating drinks or other cause. The verdict of the jury settles the fact that Melissa Denny belongs to the fourth class, and is a sufficient finding. In re Anderson,
The same point now presented came up in In re Anderson,
It is said in In re Anderson, supra, that the provision creating the fourth class may be subject to abuse, but that the sole function of the court is to construe and apply the law. The same case upholds the jurisdiction upon the same procedure. *349
Revisal, sec. 1890, is somewhat stronger than the Code, sec. 1670 (under which In re Anderson, supra, was decided), in that it adds the words "incompetent person," so that the concluding paragraph of the Revisal, sec. 1890, reads, "and he (the clerk) shall proceed to appoint a guardian, of any person so found to be an idiot, inebriate, lunatic or incompetent person."
No error.
(425)