Modawell v. Holmes
Supreme Court of Alabama
Appeal, from tlie Probate Court of Dallas. In tbe matter of tbe final settlement of tbe accounts and vouchers of Anderson Holmes, as guardian of William Holmes, a minor, by William B. Modawell, guardian of tbe person and property of said Anderson Holmes, wbo bad been declared non compos mentis.
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Appeal, from tlie Probate Court of Dallas. In tbe matter of tbe final settlement of tbe accounts and vouchers of Anderson Holmes, as guardian of William Holmes, a minor, by William B. Modawell, guardian of tbe person and property of said Anderson Holmes, wbo bad been declared non compos mentis. William Holmes, the infant, was tbe only child of William P. C. Holmes, deceased; and be and his mother, Mrs. Mary C. Holmes, tbe widow of said decedent, were tbe only distributees of said estate. Anderson Holmes was appointed guardian of said William Holmes, by said probate court, on tbe 18th…
1Opinion of the CourtByrd, J.
1. The appeal was taken, and security for costs thereof was given, in substantial conformity to law; and the motion of the appellee to dismiss the appeal is overruled.
2. It is contended that the probate court had no jurisdiction to settle the guardianship of a guardian who, before settlement, becomes a non compos mentis, upon an account filed by the guardian of the latter. There is no statute which, in express terms, confers such jurisdiction, it may be conceded. But it is argued that, under the general authority conferred by the Code on the probate court, it has jurisdiction to make such a…
2Cases cited8 opinions
- Wyatt's Adm'r v. RamboSupreme Court of Alabama · 1857
- L'Amoureux v. CrosbyNew York Court of Chancery · 1831
- Watts v. GayleSupreme Court of Alabama · 1852
- In re HopperNew York Court of Chancery · 1835
- Cameron's committee v. PottingerCourt of Appeals of Kentucky · 1813
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3Cited by9 opinions
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- Hulburd v. CommissionerSupreme Court of the United States · 1935
- Waring v. LewisSupreme Court of Alabama · 1875
- United States Fidelity & Guaranty Co. v. PeopleSupreme Court of Colorado · 1908
- Williams v. WilliamsSupreme Court of Alabama · 1919
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