Opinion
No. 14,667.
Filed January 10, 1934.
APPEAL — Dismissal — Moot Question — Death of Ward in Guardian Proceeding. — An appeal from a judgment appointing a guardian becomes moot upon the death of the ward.
From Clinton Circuit Court; Brenton A. Devol, Judge.
Action by Minnie Alice McCain and another against Thomas Bell for the appointment of a guardian. From a judgment appointing a guardian, defendant appealed. Appeal dismissed by the court in banc.
Joseph C. Herron, Thomas M. Ryan, and Miller Uhlir, for appellant.
Fred J. Byers, William Robinson, and Overson Manning, for appellees.
This was an action instituted by appellees against appellant, their father, in which they alleged that appellant was incapable of managing his estate, and they prayed the appointment of a guardian to take charge of his estate. The issue was closed; trial was had by a jury which found that appellant was incapable of managing his estate; the court rendered a judgment appointing a guardian for appellant; and an appeal to this court was perfected.
Appellees have filed a verified motion to dismiss this appeal for the alleged reason that the question involved in the appeal is moot. In the motion they assert that appellant died on the 6th day of August, 1933.
No counter showing having been made, as to the facts alleged in said motion, it is our opinion that the question presented by this appeal is moot. This appeal is therefore dismissed.