Roach v. Jelks
Mississippi Supreme Court
Appeal from Probate Court of Hinds county. Hon. R. N. Hall, judge. contended, 1. That the guardian should not be charged with interest. Reynolds v. Walher, 29 Miss. 290. 2. That the principle on which the coru’t acted in expunging the balances from the accounts, is not prescribed by the statute, Rev. Code, 462, article 150, and would, in many cases, render guardianships impracticable.
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Appeal from Probate Court of Hinds county. Hon. R. N. Hall, judge. contended, 1. That the guardian should not be charged with interest. Reynolds v. Walher, 29 Miss. 290. 2. That the principle on which the coru’t acted in expunging the balances from the accounts, is not prescribed by the statute, Rev. Code, 462, article 150, and would, in many cases, render guardianships impracticable. The court below proceeded on the idea that each year’s income, whether in hand or not, must meet each year’s expenses of tb^J^ard. This would condemn the wards, in many cases, to starvation. 3. That the…
1Opinion of the CourtEllett, J.
The counsel for the appellant invites our attention to a single point arising upon this record. Roach, the appellant, was guardian of Catharine C., Robert E., John C., and Lawson H. Jelks, minors. In his annual account of John C. Jelks, at January Term, 1853, he charged himself as follows: “This amount received of E. J. Nelly, administrator of F. A. Jelks deceased, in the division of the personal estate of said deceased, as per reference of the division of said estate, $75.35.” In his accounts filed at February Term, 1854; he charges himself with the sum of $175, received from the…
2Cases cited1 opinion
- Reynolds v. WalkerMississippi Supreme Court · 1855
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