5 Ga. App. 559 | Ga. Ct. App. | 1909
The record is meagre, but this much may be gathered : Frank Jordan had a minor child named Grace. On April 13, 1908, there was had before the ordinary a hearing on the question of the guardianship of this child. The contest, so the record states, was between Polly Jordan, an aunt of the child, and Carrie Smith, who does not appear to have been related. Frank Jordan was a witness at this hearing, and asked the ordinary to appoint Polly Jordan as the guardian, and expressed a willingness to relin•quish his parental control .in her favor. The ordinary nevertheless granted letters of guardianship over the person and property of the .child to Carrie Smith. In May, 1908, Frank Jordan was convicted
Guardianship may exist as to a child’s person or property, or" both. As to the child’s property there may be a guardianship-vested in a person other than the parent, though the parent be living. The father, if living, is, however, the natural guardian both of the person and of the property of his legitimate child— as to the child’s person unconditionally; as to the child’s property conditionally and dependent upon his giving bond. Civil Code,. §2513. By section 2516 of the Civil Code, the ordinary may appoint a guardian for a child having no guardian. No power off appointment exists under this section so long as there is a qualified guardian as to the particular feature- — -person or property — as to which the guardianship is sought. There can not be two guardian-ships at the same time as to either the person or the property off the infant, though one person may be guardian of its person and another may be the guardian of its property. Cf. Pitts v. Cherry, 14 Ga. 594. The ordinary is without power to appoint a guardian.