Legal Opinion

Blakeney v. Wyland

Supreme Court of Iowa

Decided February 7, 1902PublishedCited by 14 opinions

Appeal from Shelby District Court. — IIon. W. B. Green, J udge. The history of this case is as follow5*: On the fifth of February, 1884, in Shelby county, Iowa, D. M. Wyland was appointed guardian of Benjamin, Catherine, and Schuyler Blakeney, minor heirs of Susan Blakeney, deceased. 1 The minors were residents of Barry county, Mich., and the guardianship- proceedings appear* to have been instituted for the purpose of conveying their fractional interest in a tract of land in…

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Appeal from Shelby District Court. — IIon. W. B. Green, J udge. The history of this case is as follow5*: On the fifth of February, 1884, in Shelby county, Iowa, D. M. Wyland was appointed guardian of Benjamin, Catherine, and Schuyler Blakeney, minor heirs of Susan Blakeney, deceased. 1 The minors were residents of Barry county, Mich., and the guardianship- proceedings appear* to have been instituted for the purpose of conveying their fractional interest in a tract of land in Shelby county. The first report of the guardian which appears of record bears date September 22, 1887, and acknowledges…

1Opinion of the Court

Weaver, I.

As will be seen from the foregoing statement, the only resistance which the guardian makes to the demand for an accounting is based on the statute of limitations. Under the circumstances disclosed by the record, this plea will not avail. For this conclusion there are two very satisfactory reasons:

2 I. His wards resided in a distant state, but his statement that he made diligent search for them in order to pay over tire funds, and failed to ascertain their residence, cannot be credited. He knew where they resided when he secured appointment as their guardian. He claims to have served…

2Cases cited3 opinions

  1. District Township of Boomer v. FrenchSupreme Court of Iowa · 1875
  2. Hoyle v. JonesSupreme Court of Georgia · 1866
  3. Wilder v. SecorSupreme Court of Iowa · 1887

3Cited by14 opinions

  1. Faust v. HosfordSupreme Court of Iowa · 1903
  2. In Re Estate of StratmanSupreme Court of Iowa · 1942
  3. McKay v. McCarthySupreme Court of Iowa · 1909
  4. Higbee v. WalshSupreme Court of Iowa · 1940
  5. Caffee v. BerkleySupreme Court of Iowa · 1908

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