Beard v. Dean
Supreme Court of Georgia
Guardian and ward. Before Judge Pottle. Madison Superior Court. March Term, 1879. Ross Beard, a female minor nearly sixteen years of age; applied to the court of ordinary to be allowed to select her guardian, naming Skinner. Ross’ mother, her father being dead, caveated the application, and asked that she be appointed. It was so ordered and Boss appealed to the superior court.
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Guardian and ward. Before Judge Pottle. Madison Superior Court. March Term, 1879. Ross Beard, a female minor nearly sixteen years of age; applied to the court of ordinary to be allowed to select her guardian, naming Skinner. Ross’ mother, her father being dead, caveated the application, and asked that she be appointed. It was so ordered and Boss appealed to the superior court. Upon the trial there the evidence presented, in brief, the following facts : Ross’ father died before she was born. Her mother raised her until she was about seven years of age, when she went to her uncle Dean’s to sow…
1Opinion of the Court
Bleckley, Justice.
There is certainly nothing in the record to warrant this court in the slightest interference with the discretion exercised by the court below in appointing the mother rather than the person selected by the ward, if that court had, by law, any discretion in the matter. The guardianship in controversy was not of the property alone, but of the person also. Indeed, it was the latter-element that gave point to the whole proceeding. There are three sections of the Code which we find it necessary to compare and interpret. Section 1803 says that the father, if alive, is the natural…
2Cited by6 opinions
- Jordan v. SmithCourt of Appeals of Georgia · 1909
- Campbell v. Atlanta Coach Co.Court of Appeals of Georgia · 1938
- Hood v. PerrySupreme Court of Georgia · 1884
- Whitlock v. BarrettCourt of Appeals of Georgia · 1981
- Harrison v. TongeCourt of Appeals of Georgia · 1942
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