Funk's Guardian v. Funk
Court of Appeals of Kentucky
CASE 47. — ACTION BY MARGARET FUNK AGAINST VIOLA FUNK’S GUARDIAN FOR BOARD AND CLOTHING OF HIS WARD. — Appeal from Bullitt Circuit Court. Samuel E. Jones, Circuit Judge. Judgment for plaintiff by default.
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CASE 47. — ACTION BY MARGARET FUNK AGAINST VIOLA FUNK’S GUARDIAN FOR BOARD AND CLOTHING OF HIS WARD. — Appeal from Bullitt Circuit Court. Samuel E. Jones, Circuit Judge. Judgment for plaintiff by default. Defendants appeal. — POINTS AND AUTHORITIES. 1. A parent is not allowed compensation for the board and tuition of his own children. 2. The corpus of the estate oi the ward is not subject to the payment of board and tuition. 3. Only a court of chancery, (and surely no other court) has authority to direct the sale of the corpus of the ward’s estate. 4. A pleading is most strongly construed…
1Opinion of the Court
*356Opinion of the Court by
Chief Justice O’Rear—
Reversing.
This suit was brought as a common-law action by appellee, the mother of her infant children, against their statutory guardian to recover $75 a year for-their board and clothing and her services in caring for them. It is alleged that appellee is a widow of very limited means, with barely enough to sustain her7 self; that the infants are of tender years, incapable of laboring for their support, and too young to be bound as apprentices; that they have estates, though the income therefrom is insufficient to educate and support them. She prayed…
2Cases cited1 opinion
- Hughart v. SprattCourt of Appeals of Kentucky · 1880
3Cited by3 opinions
- Seay v. HawkinsCourt of Appeals for the Eighth Circuit · 1927
- Clark v. ThompsonCourt of Appeals of Kentucky (pre-1976) · 1948
- Allnut v. StewartCourt of Appeals of Kentucky · 1921