Haralson County GaArchives Court.....McBride, William & Sophia, Minor Children 1862
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File contributed for use in USGenWeb Archives by:
Wilena Young wdky88@aol.com November 16, 2006, 7:50 pm

Source: Department Of Archives
Written: 1862

Source: Acts of the General Assembly of the state of Georgia passed in
Milledgeville,
at the Annual Session in November and December 1862, also  extra session of
1863, published by authority, Milledgeville: Boughton, Nisbet & Barnes State
Printers, 1863. Department of Archives, Atlanta, Georgia.

Private and Local Laws._ Relief

(No 95), pages 91-92
Whereas, Kenneth McKinzy by his last will and testament bequeathed to the minor
children of Sophia and William McBride, of Haralson County, the sum of about
thirty thousand dollars in bonds of the State of Georgia, City Council of
Augusta, and La Grange and West Point Rail Road; and whereas, one William G.
Coody, of said county of Haralson, was by the Court of Ordinary of said county,
appointed Guardian of the property of said minor children and the said William
G. Coody, as such Guardian, converted the aforesaid bonds into money, and has
removed without the limits of the State of Georgia; and the said Coody having
been removed from said trust as Guardian by a judgment of  the Court of the
Ordinary of said count, on account of his mismanagement of said estate, and
removing out of the jurisdiction of the Court;  and whereas said estate is
likely (if not already lost) to be lost entirely to said minor children, for the
want of an immediate representative, and on person, either from indifference to
the interest of said minor children, or from inability to give the security
required by law in the case of Guardians, has applied to the Court of Ordinary
of said county, for letters of guardianship on said estate; and whereas, the
said William McBride, the father of said children, is prohibited by the will of
said Kenneth McKinzy, from the control or in any wise managing said estate; and
inasmuch as it is represented to this General Assembly, that said minor children
are now deprived, and have been for some time past, from the proceeds and
interest arising from said estate, for their education and maintenance,
according to said will, and are in danger of losing a part if not the whole of
said estate, for the want of an immediate representative; for remedy whereof.
     12. Section 1. Be it enacted by the General Assembly of the State of
Georgia, that the Court of Ordinary of Haralson County, be, and is hereby
authorized upon application, to appoint  Sophia McBride (a feme covert) of
Haralson County,  the mother of said children (without giving the security now
required by law in the case  of Guardians), the Guardian of the property or
estate so bequeathed by said Kenneth McKenzy to her said minor children; and she
is hereby upon the issuing of said letters of guardianship by the said Court of
Ordinary, clothed with all the powers that Guardians now are, under existing
laws, to sue and be sued as such Guardian, and collect and receive and receipt
for the same, and do all lawful acts pertaining to the same, as though she was a
feme sole Guardian.
     13. Sec. 11. And be it further enacted, That in case the said Sophia
McBride should fail to make her annual returns as is now required by law of
Guardians, or should in any wise mismanage said estate, it shall be the duty of
the Court of Ordinary to revoke her letter of Guardianship and dismiss her from
said trust, at any time in his discretion.
      14. Sec. 111. And be it further enacted, That in the event that any person
should make application  to said Court for letters of guardianship under
existing laws and give bond and security, and said Court forthwith to dismiss
her, the said Sophia McBride from the trust as Guardian; the true intent and
meaning of this Act is and this act is not to remain  in force longer that a
Guardian is legally appointed and qualified under existing laws.
___________________
See Kenneth McKenzie's  will on Muscogee County, Georgia Archives  

Submitted by: Wilena Young, wdky88@aol.com


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