Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1850, Cobb's 1851 Digest, p. 340, former Code 1882, § 1849, former Civil Code 1895, §§ 2567, 2568, former Code 1933, § 49-314, and former O.C.G.A. § 29-2-84 are included in the annotations for this Code section.

Letters of dismission act as bar to matters they cured.

- Letters of dismission granted to guardian, like other judgments of courts of competent jurisdiction, are a bar as to matters cured by them, unless set aside for fraud in their procurement or for other sufficient cause. Mobley v. Mobley, 9 Ga. 247 (1851) (decided under Ga. L. 1850, Cobb's 1851 Digest, p. 340); Poullain v. Poullain, 72 Ga. 412 (1884); Poullain v. Poullain, 76 Ga. 420, 4 S.E. 92 (1886) (decided under former Code 1882, § 1849);(decided under former Code 1882, § 1849).

Dismissal presupposes a validly appointed guardian. Gay v. Gay, 121 Ga. App. 287, 173 S.E.2d 712 (1970) (decided under former Code 1933, § 49-314).

Dismissal amounts to adjudication that guardian has fully and completely performed all duties of trust. Gay v. Gay, 121 Ga. App. 287, 173 S.E.2d 712 (1970) (decided under former Code 1933, § 49-314).

Discharge without notice publication does not bar suit.

- Discharge granted without compliance with notice publication requirement does not bar suit on guardian's bond. Griffin v. Collins, 122 Ga. 102, 49 S.E. 827 (1905) (decided under former Civil Code 1895, § 2567).

Discharge without notice does not bar personal jurisdiction.

- Since an application for dismission of a guardian was published as required by former O.C.G.A. § 29-2-84(a), the probate court did not lack personal jurisdiction even though the ward was never served with notice of the dismission. Utica Mut. Ins. Co. v. Mitchell, 227 Ga. App. 830, 490 S.E.2d 489 (1997) (decided under former O.C.G.A. § 29-2-84).

Possibility of conflict of interest does not require refusal of dismission.

- Mere possibility of conflict between personal interest of guardian who is salaried officer and director in corporation in which ward owns stock and interest of guardian's ward will not require refusal of letters of dismission to guardian. Gay v. Gay, 226 Ga. 90, 172 S.E.2d 690 (1970) (decided under former Code 1933, § 49-314).

Cited in Heist v. Dunlap & Co., 193 Ga. 462, 18 S.E.2d 837 (1942).

C.J.S.

- 39 C.J.S., Guardian and Ward, § 41 et seq.

ALR.

- Rate of interest chargeable against guardians, executors or administrators, and trustees, 112 A.L.R. 833; 156 A.L.R. 936.

Guardian's liability for interest on ward's funds, 72 A.L.R.2d 757.

Guardian's position as joint tenant of or successor to property in ward's estate as raising conflict of interest, 69 A.L.R.3d 1198.