Jones v. Fellows
Supreme Court of Alabama
Appeal from Chancery Court of Dallas. Heard before Hon. Chaeles TueNeb. This was a bill filed by the appellant, Olive Jones, by next friend, against the appellee, Fellows, her former guardian, and others, and sought to compel an account and settlement by Fellows in the Chancery Court, and to charge him with certain investments of her monies in Confederate bonds, which will be noticed hereafter.
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Appeal from Chancery Court of Dallas. Heard before Hon. Chaeles TueNeb. This was a bill filed by the appellant, Olive Jones, by next friend, against the appellee, Fellows, her former guardian, and others, and sought to compel an account and settlement by Fellows in the Chancery Court, and to charge him with certain investments of her monies in Confederate bonds, which will be noticed hereafter. The bill alleged that Fellows made a pretended final settlement of his guardianship in 1864, which was void, for the reason that no guardian ad litem was appointed to represent appellant; no notice of…
1Opinion of the CourtStone, J.
“In the settlement of the accounts of guardians, and in all the preparatory proceedings thereto, and appeals therefrom,-the law providing for the settlement .of the accounts of executors and administrators in this Code, and appeals therefrom, so far as applicable, and not in hostility with any provision of this chapter, applies to, and is in full force as to guardians and their sureties.” — Code of 1876, § 2793.
“ The court must appoint a competent person to represent the interest of minors and persons of unsound mind, interested in such settlement.” — Ib. § 2510.
The reason why a guardian ad…
2Cases cited4 opinions
- Horn v. LockhartSupreme Court of the United States · 1873
- Morgan's Adm'r v. Morgan's DistributeesSupreme Court of Alabama · 1859
- Rives v. ElinnSupreme Court of Alabama · 1872
- Smith v. Smith's Adm'rsSupreme Court of Alabama · 1852
3Cited by5 opinions
- Evans v. EvansSupreme Court of Alabama · 1917
- Tayloe v. DuggerSupreme Court of Alabama · 1880
- Hall v. PegramSupreme Court of Alabama · 1888
- Watts v. FrazerSupreme Court of Alabama · 1885
- Hatcher v. Dillard's Adm'rsSupreme Court of Alabama · 1881