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IN RE GUARDIANSHIP OF BERRY

No. 18387.

515 S.W.2d 12 (1974)

In re GUARDIANSHIP of the Person and Estate of Mirtie BERRY.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied October 31, 1974.

Attorney(s) appearing for the Case

F. T. Gauen, Jr., Dallas, for appellant.

B. J. Wynne, Wynne & Wynne, Wills Point, for appellee.

GUITTARD, Justice.

The question is whether the Mental Health Code, Tex.Rev.Civ.Stat.Ann. arts. 5547-1 to 5547-104 (Vernon's Supp. 1974), has repealed Tex.Prob.Code Ann. § 426 (Vernon 1956), which provides a procedure for discharge of a person from guardianship upon adjudication that he has been "restored to his right mind." We hold that § 426 is not repealed, and, consequently, that the trial court erred in dismissing...

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