Matthews v. Mauldin
Supreme Court of Alabama
Appeal from the Chancery Court of Dale. Heard before the Hon. W. L. Parks. This was a bill in equity filed by Whiteford Mauldin and Mary Mauldin, minors, by their guardian and next friend, L. C. Mauldin, against W. G. Matthews, S. M. Blackmon, W. B. Sanders, R. F. Harper, J. N. Mosely, Jasper Garner, J. N. Sandsbury, D. G. May and W. R. Painter, for the purpose of bringing Matthews, their guardian, to a settlement.
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Appeal from the Chancery Court of Dale. Heard before the Hon. W. L. Parks. This was a bill in equity filed by Whiteford Mauldin and Mary Mauldin, minors, by their guardian and next friend, L. C. Mauldin, against W. G. Matthews, S. M. Blackmon, W. B. Sanders, R. F. Harper, J. N. Mosely, Jasper Garner, J. N. Sandsbury, D. G. May and W. R. Painter, for the purpose of bringing Matthews, their guardian, to a settlement. The bill alleged that the complainants were minors , and that Matthews on the 10th day. of May, 1893, had been appointed by the probate judge of Dale county, their guardian and…
1Opinion of the CourtAnderson, J.
The complainants, mfinors, filed their bill by next friend, against their guardian and two sets of sureties on his official bonds for the purpose of bringing the said guardian, to a settlement.
The jurisdiction of the probate court and the court of chancery are concurrent in matters of guardianship, and .the ward has an unqualified right of electing the forum in which he will seek a settlement. — Haley v. Boyd, 64 Ala. 399. And a final settlement made in the probate court by the guardian before his resignation or removal and during the minority of his ward, is void for want of jurisdiction of…
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