Thornton v. Gilman
Supreme Court of New Hampshire
Writ oe Entry. Facts found by the court. For several years before 1885, Sarah J. Cram was the owner of the land described in the writ, which is situated in Thornton. From 1885 to her death in 1890 she was mentally incapable of doing business, but no guardian was appointed over bet. In 1886 her brother, Jonathan Gilman, represented to the selectmen of Thornton, where she was living upon her place, that she was sick and in need of assistance from the town.
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Writ oe Entry. Facts found by the court. For several years before 1885, Sarah J. Cram was the owner of the land described in the writ, which is situated in Thornton. From 1885 to her death in 1890 she was mentally incapable of doing business, but no guardian was appointed over bet. In 1886 her brother, Jonathan Gilman, represented to the selectmen of Thornton, where she was living upon her place, that she was sick and in need of assistance from the town. In accordance with an arrangement then entered into, Jonathan cared for her at his home for several years, converting some of her personal…
1Opinion of the Court
Per Curiam. *
Jonathan Gilman assumed the care of his sister and her property when it became necessary that some one other than herself should perform that duty. In legal phraseology, he became her guardian de son tort. Without a technical appointment he performed duties pertaining to that office, and in consequence thereof became subject to many of its liabilities. For many purposes he was bound properly to discharge the official duties which he assumed, and was generally subject to the same rules and remedies as a trustee legally appointed. Per. Tr., s. 245; Hanna v. Spotts, 5 B. Mon. 362,…
2Cases cited6 opinions
- Jacox v. JacoxMichigan Supreme Court · 1879
- Bennett v. . AustinNew York Court of Appeals · 1880
- Bowe v. BoweMichigan Supreme Court · 1879
- Drury v. ConnerCourt of Appeals of Maryland · 1827
- Hanna v. Spotts' HeirsCourt of Appeals of Kentucky · 1845
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cameron Trust Co. v. LeibrandtMissouri Court of Appeals · 1935
- Fleming v. AikenSupreme Court of New Hampshire · 1977