Boylan v. Kohn
Supreme Court of Alabama
Appointment of Guardian for Insane Person. Appeal from Montgomery Probate Court. Heard before Hon. J. B. Gaston. Proceedings in tbe probate court for tbe appointment of a guardian for Terry J. Toole, a non compos. From a decree appointing Frank D. Kobn as sucb guardian, Annie U. Boylan appeals.
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Appointment of Guardian for Insane Person. Appeal from Montgomery Probate Court. Heard before Hon. J. B. Gaston. Proceedings in tbe probate court for tbe appointment of a guardian for Terry J. Toole, a non compos. From a decree appointing Frank D. Kobn as sucb guardian, Annie U. Boylan appeals. Under "tbe provision of section 4359 and 4360, tbe court should bave appointed tbe nearest of kin wbo was tbe sister. — Williams v. McOonmco, 27 Ala. 574. Counsel call attention to tbe various sections of tbe Code beginning with tbe Code of 1867, up' to tbe present date, and insist that under the…
1Opinion of the CourtSomerville, J.
Terry J. Toole having been duly adjudged insane and committed to the insane hospital, three of his relatives separately filed petitions in the probate court asking for letters of guardianship. Two of these applicants are nephews and one of them is the sister of the non compos, whose estate, consisting almost entirely of land, is represented and shown to be worth about $120,000, incumbered, however, with judgments, mortgages, and other charges aggregating about $40,000. The court properly heard the several applica.tions all together, and upon the testimony adduced he decided that one of the…
2Cited by7 opinions
- Murphree v. HansonSupreme Court of Alabama · 1916
- Starnes v. BrassellSupreme Court of Alabama · 1970
- Duke v. DukeSupreme Court of Alabama · 1988
- Richards v. ElrodSupreme Court of Alabama · 1969
- Broxson v. SpearsSupreme Court of Alabama · 1927
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