Bivins v. Middlebrooks

1. The provisions for the resignation of administrators and guardians are the same. Code, §§ 113-2306; 49-313. In such cases the nearest or next of kin are entitled to notice of the proceedings where they reside in the State. Gormley v. Watson, 48 Ga. App. 46 (171 S. E. 880); Id., 177 Ga. 763 (171 S. E. 280). The judgment of the court of ordinary allowing the resignation of a guardian of an incompetent and appointing a successor is void, where it appears that at the time of the application and judgment thereon a niece, one of the nearest of kin of the incompetent, resided within the State and…