Fuller v. Weekes

Nichols, Presiding Judge.

The defendant in error, the guardian of the deceased plaintiff, contends in his brief that the plaintiff in error, the administrator of the deceased plaintiff’s estate, is not a proper party to the appeal inasmuch as under Code Ann. § 49-316 he, as guardian, automatically became the person to administer such estate. Such Code section is applicable only during the pendency of the relationship and not afterwards, and where the sole remaining issue, at the time of the ward’s death, is one of settlement (the ward’s sanity having been previously restored), the guardian…