Lee ex rel. Dawson v. Porter

LESTER, Judge.

This is an appeal from an order dismissing the claim of an incompetent against her fiduciary for want of jurisdiction of the subject matter. It presents a question of first impression under the recently adopted constitutional judicial article and the statutes enacted pursuant thereto.

J. Chester Porter was appointed as the committee of Thelma Lee, an incompetent; he was also appointed as the administrator with will annexed of Thelma’s deceased husband’s estate. In addition, he served as her attorney in fact. Thelma, through her next friend, brought an action against Porter for…