In re the Guardian of the Persons of King

The proceedings were instituted by a petition presented by Donald McKay, an executor of the will of Elizabeth R. B. King, the mother of the infants, who by her will appointed Phoebe Fullerton, the appellant, for their testamentary guardian. The objection has been taken in the outset that the proceedings could not be lawfully commenced by petition, but that it should have been done by a summons, the process .provided for commencing an action at law or in equity. But the practice in this class of cases has been to proceed in. a summary manner by petition, and it does not appear to have been…