Hartford Accident & Indemnity Co. v. Hembree

GIBSON, V. C. J.

(dissenting). The majority opinion disapproves procedure and practice under our Probate Code which has been followed in this state for more than 30 years. It renders void innumerable orders of county courts releasing sureties on guardians’ bonds. Its conclusion is unsupported by cases frem this court or other courts construing statutes similar to our own.

The importance of the questions involved justifies a further discussion of the contentions of the parties and an expression of my reasons for not agreeing with the majority opinion.

The only statutes governing the release of…