Roy v. Giles
Roy v. Giles
Opinion of the Court
delivered the opinion of the Court.
This bill was filed in the Probate Court of Shelby county against the two former guardians of Mrs. Roy (Giles and Shelly), and their sureties for an account and settlement of their guardian-ships.
It is charged that Giles made his settlement in 1867, and resigned. It is sought to surcharge and falsify this settlement. Shelly was appointed soon after the resignation of Giles. The allegations of the bill are indefinite as to his settlement. “A report and settlement ” made by him is referred to in the bill.
The principal charge against him, however, is that a tract of 76 acres of land belonging to Mrs. Roy and three others, was sold by a decree of said Probate Court for partition, in a cause which is referred to as pending in said Court; .that Mrs. Roy was entitled to one-fourth of the purchase money, the whole sum being $1,868.06,
They suppose it has been paid, but what became of it they do not know, but they charge that it come, or should have come to the hands of Shelly as guardian, none of which has been accounted for, Mrs. Roy only having received about $160 out of the funds of her estate.
The Judge overruled a demurrer but allowed an appeal. The question presented in argument is
This not being a cause involving the person or estate of an idiot, or person of unsound mind, or for the parti ion or sale of real estate for any purpose, or the allotment of dower, we must look to the first clause of that part of the act above quoted as the authorvv for the jurisdiction. This, however, only gives such jurisdiction as was previously conferred upon the County Court. The sections of the Code referred to, being those conferring or defining the jurisdiction of the County Court.
We hold, therefore, the Court had no jurisdiction, especially as to the defendants, Giles and his sureties. The Court had the power to bring Shelly to a settlement, but for this purpose .the remedy was summary and not by a bill in the present forms.
The decree will be reversed and the bill dismissed with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.