Lommason v. the Washington Trust Co.

The opinion of the court was delivered by

Heher, J.

The order of the Orphans Court appointing the appellant trust company as guardian of respondent is void for want of notice of the proceeding to the ward.

It is fundamental in due process and elemental justice that an adjudication of mental incompetency in an inquest upon a commission in Chancery in the nature of de lunático inquirendo under R. S. 3:7 —35, and the grant of letters of guardianship by the Orphans Court pursuant to R. S. 3: 7-41, can be had only upon timely notice to the subject of the inquisition and an opportunity to be heard.…