Phillips v. Phillips

Duckworth, Presiding Justice.

(After stating the foregoing facts.) The first question here is whether or not the wife was a nearest relative of the incompetent within the contemplation of the provisions of the Code, § 49-604. "While the proceeding for the appointment of a guardian was special, and jurisdiction must appear on the face of such proceedings (Allen v. Barnwell, 120 Ga. 537, 48 S. E. 176; Owenby v. Stancil, 190 Ga. 50, 8 S. E. 2d, 7), and the ten-days’ notice required by the statute is essential to show jurisdiction, the copy of such proceedings attached to the petition showing such…