Chastain v. Baker

Carley, Judge.

Appellees petitioned the Probate Court of Clayton County for appointment as guardians of the person and property of their mother, Bessie L. Jenkins, whom they alleged to be incapacitated. Appellants, who are two other daughters of Mrs. Jenkins, filed a caveat to the petition and asked the Probate Court to appoint them, rather than appellees, as guardians. The probate court found that a guardian was required and that appellants should be appointed. Applying an implied trust theory to the evidence adduced before it, the probate court further found that the estate of Mrs. Jenkins…