Watt v. Allgood

Citations

• 62 Miss. 38

Syllabus

<p>1. Guardianship. Resident guardian. Non-resident guardian. Contest. Section 2128, Code 1880, applied.</p> <p>Under ? 2128 of the Code of 1880, which provides that “when any lunatic resides out of this State, but has personal property in this State, and a guardian has been appointed for such lunatic in the State of his residence, such guardian shall be entitled to sue for, receive, and give a valid acquittance for such property,” where a proper petition, with appropriate exhibits, has been filed by such non-resident guardian in the chancery court of the county where letters of guardianship have been granted in this State, the resident guardian may be compelled to make a final settlement of his guardianship, and deliver the personal property of the ward in his hands over to the non-resident guardian, if the court, in the exercise of a sound discretion, upon the facts established by the petitioner, should deem it proper to close the guardianship in this State. This rule is not affected by the fact of the ward having been a resident of this State when the resident guardian was appointed.</p> <p>2. Same. Suit by non-resident guardian against resident guardian. Case in judgment.'</p> <p>A. took out, in this State, letters of guardianship of the person and estate of N., a lunatic. He permitted the ward to wander into the State of Alabama, where, two years afterward, she was found by W., who took her to reside at his home in that State, she being the sister of his wife. A. made no effort to recover his ward, and did not see her for ten years after she left this State, nor did he make proper provision for having her taken care of, and-her estate decreased while in his hands from three thousand two hundred dollars to two thousand four hundred dollars. After ÜST.had resided with W. for about eight years, he obtained letters of guardianship of her person and estate in Alabama, and by petition, stating the facts just recited, he applied to the court which had granted letters