Cockrell v. Cockrell
Supreme Court of Alabama
Appeal from the Probate Court of Franklin. In the matter of the petition of Washington P. Cockrell, an infant, suing by his next friend, for a revocation of the letters of guardianship formerly issued to Sterling R. Cockrell.
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Appeal from the Probate Court of Franklin. In the matter of the petition of Washington P. Cockrell, an infant, suing by his next friend, for a revocation of the letters of guardianship formerly issued to Sterling R. Cockrell. The petition alleged, that the said Sterling R. Cockrell had removed to Tennessee since the grant of his letters, and was a resident of that State, and that the petitioner was over fourteen years of age; and he after-wards nominated 0. 0. Nelson as the guardian of his choice. The guardian appeared, and resisted the application; admitting the fact of his non-residence,…
1Opinion of the CourtR. W. Walker, J.
One of the causes, for which the legislature has declared that the judge of probate must remove a guardian, is his removal from the State. — Code, § 2037. The provision that a guardian, who becomes a non-resident after his appointment, must be removed from his trust, necessarily implies that one who is at the time a non-resident should not be appointed. A fact which is declared to be a sufficient reason for the removal of a guardian, duly appointed, is, in the very nature of things, a sufficient reason for not bestowing the appointment in-the first place. We have no hesitation in holding,…
2Cases cited5 opinions
- Speight v. KnightSupreme Court of Alabama · 1847
- Dupree v. PerrySupreme Court of Alabama · 1850
- Eiland v. ChandlerSupreme Court of Alabama · 1845
- Harris v. DillardSupreme Court of Alabama · 1857
- Huie v. NixonSupreme Court of Alabama · 1837