Hemphill v. Smith
Mississippi Supreme Court
Appeal from chancery court of Sunflower county. Hon. E. N. Thomas, Chancellor. Petition by George W. Smith for removal of W. T. Hemphill as guardian of the person and estate of Sollie Overby. Petition granted, and Hemphill appeals. There is but one question in this case.
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Appeal from chancery court of Sunflower county. Hon. E. N. Thomas, Chancellor. Petition by George W. Smith for removal of W. T. Hemphill as guardian of the person and estate of Sollie Overby. Petition granted, and Hemphill appeals. There is but one question in this case. What is “sufficient cause,” and was that cause sustained by the proof? Section 1968, Hemingway’s Code, provides: “The court by which a guardian was appointed, may, for sufficient cause, after having him cited to appear, etc.” This is the only statutory method of removing a guardian. I do not mean to argue that the chancery…
1Opinion of the CourtSmith, C. J.
Sollie Overby, an adult about forty years old, was adjudged to he of unsound mind, and the appellant ivas appointed guardian of his person and estate.^ Some time thereafter Overby, by George W. Smith, his next friend, filed a petition in the court below praying for the appellant’s removal as his guardian, and on final hearing the prayer of the petition ivas granted, and another guardian was appointed. Hemphill has appealed to this court.
It appears that in August, 1920, Angeline Smith died, leaving a will containing the following provision:
“I give and bequeath unto W. T. Hemphill, my nephew,…
2Cases cited1 opinion
- Clark v. SmithMississippi Supreme Court · 1916
3Cited by2 opinions
- Superior Oil Co. v. SmithMississippi Supreme Court · 1947
- Delta Auction & Real Estate Co. v. Pirate's Inn Restaurant, Inc.Mississippi Supreme Court · 1979