165 Ga. 873 | Ga. | 1928
Blanche Jackson and others filed a petition to enjoin J'. F. Harris, as guardian of Avie Cowan, an alleged imbecile, from proceeding with the sale of the real estate of his ward, alleging that they were the nearest of kin of Avie Cowan, and that the judgment appointing Harris guardian was void. The judge of the superior court granted a temporary restraining order. The hearing was had upon the sworn petition and its annexed exhibits, and
In 1918 (Ga. L. 1918, p. 162) the General Assembly passed “an act to revise the laws of the State of Georgia with reference to commitments to the Georgia State Sanitarium, providing for a method of transportation to the Sanitarium and for caring for and keeping patients while committed therein, setting forth the persons eligible to be committed to the State Sanitarium, and payment of reasonable sums for board and keep of inmates whose estates are sufficient to provide for them, and specifying certain
Judge Bleckley then quotes section 1855 of the Code of 1873, in which the preliminaries leading up to the inspection and trial are the same as in the act of 1918, and says: “There is to be a petition on oath, with proof of ten days notice of the application to three of the nearest adult relatives, or proof that no adult relative of the alleged imbecile is within this State. . . The scheme of the statute is to serve notice upon three, if that many are here,
In this case it appears upon the face of the petition and affidavit seeking the appointment of a commission that the notice was given to the petitioners in this case, Mrs. Edgar Jackson, Mrs. Blanche Jackson, and Mrs. Grace Jackson Gajr, the nearest of kin of the alleged imbecile, on September 3, 1926, though it also appears that the affidavit of the physician mentioned in the statute as a requisite
Judgment reversed.