The Columbia herald. [volume] (Columbia, Tenn.) 18??-1935, 1911-12-22
COL. SWOPE'S SISTER
IS DECL AIRED TO Be
OF UNS0UND MIND
COURT OF CIVIL APPEALS UP
HOLDS DECISION OF
CHANCELLOR.
INCAPABLE TO MANAGE AFFAIRS
Aged Woman With Estate the Value
of About $4,000 Should Have
Guardian or Else Be a Ward of the
Chancery Court.

Guardian or Else Be Ward of the
/ Chancery Court.
NASHVILLE, Tenn, Dec. 1S.-The
case of Mrs. Jane Eliza Plunkett VS..
Percy Brown ct al, Davidson county
equity, was decided Saturday by the
Court of Civil Appeals in handing
down opinions at the capitol. The
decree of the chancellor in setting
aside the verdict of the jury declar-
ing Mrs. Plunkett to be of scund
mind was affirmed by the court. That
body was of the opinion that the pre-
ponderence of evidence showed that
Mrs. Plunkett was of unsound mind
and needed guardian.
The court carefully considered the
case for several weeks, examining the
record of 600 typewriter pages, and
wrote an opinion containing more
than sixty typewriter pages.
In announcing the decision Of the
court orally, Judge Hall, who spoke
for the court, said:
J. Complainant through this court
asks to have judgment rendered in
an inQuisition Of lunacy proceedings
held on her in the county court of
Davidson county, in January, 1909,
declared illegal and void, and to have
letters of guardianship issued to the
defendants, Percy Brown and wife,
based upon such inQuisition proceed
ings, declared null and void and can
celled.
Defendants filed a cross bill, in eff
feet, admitting the inyalidity of the
inquisition proceedings of January,
1909, for want of legal notice of said
proceedings to Mrs. Plunkett, but al
legged that she was a person of I'M
sound mind, and incapable of govern
ing herself or property, and prayed
that another writ of inquisition issue
from the chancery court, in which
Mrs. Plunkett filed her original bill,
and that an inquisition be held on
her, as provided by statute, and that
she be declared a person of unsound
mind, and incapable of governing
herself and property
"The writ was issued, the inquisi- /
ton held, and a verdict was return
ed by the jury declaring Mrs. Plum
ket to be a person of sound mind. |
Upon motion of cross-complainants |
the court set the verdict of the jury
aside and declared Mrs. Plunkett to
be person of unsound mind, and ap-
pointed guardian for her. Mrs. |
Plunkett, by her next friend, appeal |,
ed to this court from the action of !
the chancellor. Held. That there |
was no error in the action of the
chancellor in setting the verdict of
the jury aside and decreeing Mrs. |
Plunkett to be a person of unsound |
mind This court is of the opinion |
that clear preponderance of evil
dence shows Mrs. Plunkett to DC a |
person of unsound mind, and incapa-
BILE of governing herself and proper
ty. She has an estate of the value
of some $4,000; is IA years of age,
and the court was of the opinion that
she should either have a guardian,
or was fit subject to be a ward of
the chancery court. The Judgment
of the chancellor was affirmed"
This case has been one of more
than ordinary interest here. Mrs.
Plunkett is an aunt of Stewart Swope
Fleming, of Quescus Lawn, near Co.
lumbia and sister Of the late Col.
Thomas Swope, the Kansas City
millionaire, for whose murder DR..
Hyde has been twice tried.
RI ARA RART0N AT