Coleman v. Cravens

Citations

• 41 Wash. 1
• 82 P. 1005
• 1905 Wash. LEXIS 1057

Syllabus

<p>Insane Persons — Guardian — Appointment — Affidavit of Non-residence. Under Laws 1903, p. 242, § 1, where a verified petition for the appointment of a guardian of a nonresident insane person states the residence of the ward, there is no necessity of an affidavit of nonresidence.</p> <p>Same — Notice of Application. Under Laws 1903, p. 243, § 5, upon the appointment of a guardian for a nonresident insane person, personal service of notice upon the person having the custody of such person is not required, notice by publication being sufficient.</p> <p>Same — Right to Apply. Under Laws 1903, p. 242, an application for the appointment of a guardian for an insane person can be made by any relative or friend.</p> <p>Same — Sale of Property — Statutes—Construction. Laws 1893, p. 85, being general in its nature and covering the entire subject of the estates of nonresident minors and insane persons, repeals by implication Hill’s Code, §§ 3071-3078, providing that the guardian of such persons shall have no power to sell real estate; and consequently, under said act, § 6, and Laws 1893, p. 85, relating to private sales of such estates, a guardian of a nonresident insane person may be empowered by the court to sell the real estate belonging to such persons.</p> <p>Statutes — Repeal. A repeal of a statute by implication is not covered by Const., art. 2, § 19, requiring the subject of the act to be expressed in its title.</p>