Legal Opinion

McGowan v. Milner

Supreme Court of Alabama

Decided November 4, 1915PublishedCited by 18 opinions

Appeal from Shelby Probate Court. Heard before Hon. A. P. Longshore. Final'settlement by Henry Milner as guardian of Oscar McGowan, in which motion was made to charge the guardian with certain items of receipts, and in which objections were made to certain credits claimed by the guardian. From a decree for the guardian the ward appeals.

1Opinion of the Court

THOMAS, J.'

The appellant was decreed non compos mentis,' and on February 8, 1907, appellee was appointed, and qualified as his guardian. On October 19, 1914, said ward was declared restored to sanity and the guardian discharged by decree of the probate court.

On final settlement appellant moved to charge the guardian with specified items of receipt, and made specific objections to certain of the credits claimed. The decree of the court was to the eifect that the contention of the ward was not well founded; that the guardian was not indebted to him in any sum; and all of the costs of the…

2Cases cited34 opinions

  1. Pierce v. PrescottMassachusetts Supreme Judicial Court · 1880
  2. Smyley v. ReeseSupreme Court of Alabama · 1875
  3. Gott v. CulpMichigan Supreme Court · 1881
  4. Kirksey v. KirkseySupreme Court of Alabama · 1868
  5. Stowers Furniture Co. v. BrakeSupreme Court of Alabama · 1908

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3Cited by18 opinions

  1. Lenore Williamson Burgess, Individually and as Guardian of the Estate of Ethel Jackson Williamson, a Non Compos Mentis v. Warren Jackson WilliamsonCourt of Appeals for the Fifth Circuit · 1975
  2. Bean v. HarrisonSupreme Court of Alabama · 1925
  3. Goldsmith v. GatesSupreme Court of Alabama · 1921
  4. Lindsey v. LindseySupreme Court of Alabama · 1934
  5. Leach v. GraySupreme Court of Alabama · 1917

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