Flewwellin v. Jeter

Buford, J. —

The appeal brings for review order denying motion to dismiss a petition for the appointment of a curator and guardian of the estate and person of the appellant John Flewwellin.

The motion to dismiss is the equivalent of a demurrer and, therefore, the sufficiency of the allegations of the petition is properly tested by such motion.

The petition is short and is as follows:

“To the Honorable Judges of said Court, in Chancery sitting: Your petitioners, Wanda Flewwellin and John Flewwellin, Jr., a minor, by Wanda Flewwellin, his mother and next friend and natural Guardian, respectfully…