Cavender v. Evans

Grice, Justice.

Attacks upon the constitutionality of Code § 49-316, as amended by Ga. L. 1958, p. 377, which provides that upon the death of a ward his guardian becomes his administrator, are for determination here. It is urged that such provision violates the guaranty of due process (Art. I, Sec. I, Par. Ill; Code Ann. § 2-103) and also the prohibition against amendment or repeal by mere reference to title or section (Art. Ill, Sec. VII, Par. XVI; Code Ann. § 2-1916) of the Georgia Constitution.

These issues arose in a contest for letters of administration of the estate of Mrs. Alice…