In re Guardianship of the Estate of Berry

GUITTARD, Justice.

The question is whether the Mental Health Code, Tex.Rev.Civ.Stat.Ann. arts. 5547-1 to 5547-104 (Vernon’s Supp. 1974), has repealed Tex.Prob.Code Ann. § 426 (Vernon 1956), which provides a procedure for discharge of a person from guardianship upon adjudication that he has been “restored to his right mind.” We hold that § 426 is not repealed, and, consequently, *13that the trial court erred in dismissing the petition filed in compliance with that section.

In August 1971 Mirtie Berry, then eighty-two years of age, was found by the County Court of Van Zandt County to be unable to…