112 Ky. 330 | Ky. Ct. App. | 1901
Opinion of the court by
Reversing.
On October 10, 1900, appellee, Amelia Moore, filed before the county judge of Fleming county her affidavit stating that her mother, appellant, Sabina Taylor, “is of unsound mind, by reason of her age and! infirmity, and is incapable of managing her estate.” Thereupon the county attorney filed an information asking that an inquest be held. O. R. Bright, an attorney, was appointed to defend for appellant, and a jury was sworn, who returned the following verdict: “We, of the jury, find from the evidence that 'Sabina Taylor is, by reason of great age and physical infirmity, unable 'to control and manage her estate and care for same; that she was b'orn in and resides in Fleming county, and is eighty-two years of age; that she owns fifty-six acres of land, worth about $1,120.00, and said Sabina Taylor is nor capable of laboring, in whole or in part, for her support.” On this verdict the county judge entered a judgment reciting the above proceedings and verdict, and then adding these words: “Wherefore, it is adjudged by the court that said 'Sabina M. Taylor is, by reason of great age and physical infirmity, unable to manage her estate, and that a committee be appointed to take charge of her and' her estate.”
By section 2149 the several circuit and county courts have power and jurisdiction, within their respective counties, of the care and custody of the persons and estates of “those whose minds, on account of any infi'rmity or weight of age, have become so imbecile or unsound' as to render them incompetent to manage their estates'.” By section 2162, “if any person is of unsound mind,” it is the duty -of the county attorney, in the absence' of the attorney for the Commonwealth, to cause an inquest to be held, and some member of the bar must be appointed to represent “the person alleged to be of unsound1 mi-nid.” In Menifee v. Ends, 97 Ky., 388, 17 R., 280 (20 S. W., 881), this court held that the provisions of these sections apply only to persons of unsound mind, and jurisdiction to assume the care and custody of the estates of persons incompetent to manage their own estates is limited, under the statute, to those whose
Judgment reversed, and cause remanded for further proceedings consistent with this opinion. ?