Poe v. Schley
Supreme Court of Georgia
In Equity, in Bibb Superior Court. Decided by Judge Powers, January Term, 1854. The facts in this case are as follows : On the 16th of April, 1851, Charles Cunningham executed bis last will and testament, by which he constituted and- appointed Mrs. Eliza F. Poe, and Mrs. Ellen Fitzsimmons; the personal guardians of this children, “to conduct- their education and raising,” &c. &c.
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In Equity, in Bibb Superior Court. Decided by Judge Powers, January Term, 1854. The facts in this case are as follows : On the 16th of April, 1851, Charles Cunningham executed bis last will and testament, by which he constituted and- appointed Mrs. Eliza F. Poe, and Mrs. Ellen Fitzsimmons; the personal guardians of this children, “to conduct- their education and raising,” &c. &c. The second item provides, that George Schley.--shall act as the guardian of the property of the children, &c. &c- This will further appoints John Bones, Owen Fitzsimmons, George O. K. White and William J. Eve,…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
[1.] The question is, whether George Schley, having no light as guardian, except such as he derived from the will of1 Charles Cunningham, was entitled, as guardian, to demand of Vm. C. Poe, as administrator of Geo. O. E. White, the share of the estate of White which the minor children of Cunningham, after his death, inherited from White, who was their uncle.
The first section of the Act of 1851, “ to secure the property of minors against the mismanagement of their guardians, by requiring bond and security,” is as follows: “ That from and after the…
2Cited by2 opinions
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- Huson v. GreenSupreme Court of Georgia · 1892