McLean v. Hosea
Supreme Court of Alabama
Error to the Orphans’ Court of Wilcox. This was a proceeding before his Honor D. W. Sterrett, for a settlement of the accounts of the defendants in error, guardians. The only question presented for revision, is the liability of the guardians, for a note of $1,840 69, dated the 21st November, 1843, and due the first January after, executed payable to said guardians by T. Starke, with Samuel Forward as his surety.
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Error to the Orphans’ Court of Wilcox. This was a proceeding before his Honor D. W. Sterrett, for a settlement of the accounts of the defendants in error, guardians. The only question presented for revision, is the liability of the guardians, for a note of $1,840 69, dated the 21st November, 1843, and due the first January after, executed payable to said guardians by T. Starke, with Samuel Forward as his surety. From an exceptive allegation, taken at the trial, it appears that at the time the note was executed, both Starke and Forward were worth, each of them, large estates in land and…
1Opinion of the CourtCollier, C. J.
The office of guardian was originated upon the hypothesis that persons of immature years, were incapable of protecting their own interests. An acceptance of such a trust imposes an obligation to perform its duties— among the most prominent of which is, the use of diligence in managing and taking care of the ward’s estate. For if it be lost or injured by the negligence or misfeasance of the guardian, he is liable at least to the same extent that any trustee would be under the same circumstances. See Tibbs v. Carpenter, 1 Madd. R. 298; Powell v. Evans, 5 Vesey’s R. 839; Eagleston v. Kington, 8…
2Cited by7 opinions
- Thompson v. ThompsonSupreme Court of Alabama · 1890
- Dumas v. HollinsSupreme Court of Alabama · 1934
- In Re Guardianship of ZimmermanOhio Supreme Court · 1943
- Ramsey v. McMillanSupreme Court of Alabama · 1925
- Cox v. WilliamsSupreme Court of Alabama · 1941
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