McKim v. Mann
Massachusetts Supreme Judicial Court
Conteact against Nehemiah P. Mann, Jr., and Pliny Nicker-son, upon a probate bond executed by the first-named defendant as principal, and the other as surety, and conditioned for the faithful performance by the principal of his duties as guardian of Mary I. Mann and William J. Mann, minors.
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Conteact against Nehemiah P. Mann, Jr., and Pliny Nicker-son, upon a probate bond executed by the first-named defendant as principal, and the other as surety, and conditioned for the faithful performance by the principal of his duties as guardian of Mary I. Mann and William J. Mann, minors. Writ dated April 26, 1883. The case was submitted to the judgment of this court upon agreed facts, in substance as follows: This action is brought for the benefit of John F. Kimball, as administrator of the estate of William J. Mann, one of the minors mentioned in said bond. There has been a breach of the…
1Opinion of the CourtC. Allen, J.
It has often been declared that a guardian, has no legal title to the estate of his ward in his hands. Chapin v. Livermore, 13 Gray, 561. Rollins v. Marsh, 128 Mass. 116. Kimball v. Perkins, 130 Mass. 141. At the expiration of his trust, it becomes his duty to settle his account, and to pay over and deliver all the estate remaining in his hands, or due from him on such settlement, to the person or persons lawfully entitled thereto. Such is the condition of his bond. Pub. Sts. c. 139, § 22. He has no longer any duty or power in reference to the management of the estate, except merely to hold…
2Cases cited2 opinions
- Rollins v. MarshMassachusetts Supreme Judicial Court · 1880
- Kimball v. PerkinsMassachusetts Supreme Judicial Court · 1881
3Cited by11 opinions
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- Gronna v. GoldammerNorth Dakota Supreme Court · 1913
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