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IN RE SIMMONS

No. 203.

147 S.E.2d 231 (1966)

266 N.C. 702

In the Matter of R. A. SIMMONS, Guardian of Ernie Algernon Simmons, Incompetent.

Supreme Court of North Carolina.

March 23, 1966.

Attorney(s) appearing for the Case

J. Russell Kirby, Wilson, Warren & Fowler, by Miles B. Fowler, Clinton, for guardian-appellant.

Joseph B. Chambliss, Clinton, for incompetent ward, appellee.

HIGGINS, Justice.

Before the Clerk of Superior Court appoints a guardian, he must "inform himself of the circumstances of the case * * *," and "commit the guardianship * * * as he may think best for the interest * * *" of the incompetent. G.S. § 33-7. The clerk has power "on information or complaint" to remove the guardian and revoke his letters for a number of causes: "(3) Where the fiduciary neglects to * * * maintain the ward * * * in a manner suitable to...

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