IN RE SIMMONS

No. 600.

123 S.E.2d 614 (1962)

256 N.C. 184

In re Clarence M. SIMMONS By S. B. Frink, Guardian.

Supreme Court of North Carolina.

January 12, 1962.


Attorney(s) appearing for the Case

A. H. Gainey, Jr., James C. Bowman, Southport, Fletcher, Lake & Boyce, Raleigh, for movant appellee.

S. Bunn Frink, Southport, and Isaac C. Wright, Wilmington, for respondent appellants.


RODMAN, Justice.

Appellants propound seven questions, each of which they say must be answered in the affirmative to sustain the judgment.

The first is: Was Hewett's appointment as guardian invalid? They contend the record establishes the inquisition in lunacy was a nullity because notice of hearing was not served on the alleged incompetent until 4 p. m. and the hearing was had at 4:30 p. m. on the same date. This short interval of time deprived Johnson of...

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