Kelly v. Smith
Supreme Court of Alabama
Error to the Orphans’ Court of Lowndes. Before the Hon. Edw. H. Cook, Judge. This was an application of Harriet E. Teams, a minor, over the age of fourteen, to appoint John N. Smith, the defendant in error, her guardian, in the place of the plaintiff in error, who had formerly been appointed by the court, before, under the statute, she had the right of election.
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Error to the Orphans’ Court of Lowndes. Before the Hon. Edw. H. Cook, Judge. This was an application of Harriet E. Teams, a minor, over the age of fourteen, to appoint John N. Smith, the defendant in error, her guardian, in the place of the plaintiff in error, who had formerly been appointed by the court, before, under the statute, she had the right of election. The court granted the application, and made the appointment without notice to plaintiff, and this is now assigned as error. 1. A guardian may be removed for any good and sufficient cause; but is entitled to fourteen days’ notice, to…
1Opinion of the CourtCollier, C. J.
!< The judge of the county court of the county in which such judge resides, is empowered and required, to take, receive and admit all accounts of executors, administrators and guardians, &c.; to appoint guardians to minors, of their own election, &c.” Clay’s Dig. 226 § 27. So when, and as often as there shall be occasion, he is empowered “ to allow of guardians that shall be chosen by minors of fourteen years of age, and it shall be lawful for the said court to appoint guardians for such as shall be within, or under that age.” Clay’s Dig. 267 § 1. Guardians are required to give bond with…
2Cited by2 opinions
- Moses v. FaberSupreme Court of Alabama · 1886
- Henderson v. WrightSupreme Court of Alabama · 1929