Matter of Howes

SCOLNIK, Justice.

The appellant, Anna S. Howes, appeals from a decree of the Somerset County Probate Court appointing the appellee, Anna B. Patterson, as her guardian. 1 The judgment was rendered after an entry of default. This appeal raises both jurisdictional and constitutional issues. Because we find that the probate judge committed an abuse of discretion, we vacate the judgment.

I

The appellant, Anna S. Howes, born August 21, 1892, is a resident of the town of Concord. Her granddaughter, Anna B. Patterson, of Burlington, North Carolina, petitioned the Somerset County Probate Court on May 4,…