Spence v. Miner

I concur in the conclusion of, but not in all that is said in, the majority opinion. Especially do I dissent from those parts of the opinion holding that the appointment of a guardian for an adult incompetent by a county court vests that court with exclusive original jurisdiction to determine claims against the ward’s estate. At common law an incompetent might be sued after inquisition of lunacy and the appointment of a guardian or committee. Anonymous, 13 Yes. Jr. (Eng.) *590; 22 Cyc. 1224; Van Horn v. Hann, 39 N. J. Law, 207; Baird v. Steadman, 39 Fla. 40; Ingersoll v. Harrison, 48 Mich, 234.

The…