Kimball v. Ives
Supreme Court of Vermont
Appeal from a decree of the probate court, disallowing the account of the plaintiff as guardian of the intestate. A commissioner was appointed by the county court, who reported the following facts.
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Appeal from a decree of the probate court, disallowing the account of the plaintiff as guardian of the intestate. A commissioner was appointed by the county court, who reported the following facts. In 1804, Samuel Dix, the father of the intestate, Sophronia Dix, died, leaving his widow, Chloe Dix, who was, on the 20th day of June, 1804, appointed guardian of the said Sophronia by the probate court, and continued such guardian until her intermarriage with the plaintiff, in 1807. The plaintiff, upon his marriage with the said Chloe, went into possession of the estate which had been set to the…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
Two questions are made in the present case ; 1. Whether the plaintiff’s account is barred by the statute of limitations. 2. Whether a settlement of the account is to be presumed from lapse of time. It has been long settled, that the statute of limitations will not, in equity, bar an account subsisting between trustee and cestui que trust, so long as the trust subsists, and the relation is acknowledged on both sides, — which ought, perhaps, to be extended to the case of a guardian’s account, as well after, as before, the guardianship ceases,…
2Cases cited3 opinions
- Murray v. CosterCourt for the Trial of Impeachments and Correction of Errors · 1822
- Sumner v. ChildSupreme Court of Connecticut · 1818
- Evarts v. Nason's EstateSupreme Court of Vermont · 1839
3Cited by7 opinions
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
- Drake v. WildSupreme Court of Vermont · 1893
- Davis v. EastmanSupreme Court of Vermont · 1894
- In re the Estate of TaylorNew York Surrogate's Court · 1934
- Graves v. WeeksSupreme Court of Vermont · 1847
2 more not listed; retrieve them via the Exa API.