Legal Opinion

Heard v. Daniel

Mississippi Supreme Court

Decided December 15, 1853PublishedCited by 3 opinions

In error from the probate court of Amite county; Hon. John Walker, probate judge of Amite county. This was a proceeding filed in the probate court of Amite county, by William A. Daniel and Caroline his wife, against Justus Heard, who was the guardian of said Caroline, to procure, among other things, a final settlement of Heard’s guardian account.

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In error from the probate court of Amite county; Hon. John Walker, probate judge of Amite county. This was a proceeding filed in the probate court of Amite county, by William A. Daniel and Caroline his wife, against Justus Heard, who was the guardian of said Caroline, to procure, among other things, a final settlement of Heard’s guardian account. The whole matter of the guardian’s account was referred to a commissioner, to ascertain the amount due the ward, and state an account, and make a report of it to the court. The account finally allowed and approved by the court, showed a balance due…

1Opinion of the CourtJustice Fisi-ieR

This was a proceeding by the ward against the guardian, in *453the probate court of Amite county, to compel the latter to make a final settlement of his guardian’s account, and to deliver over the estate to the ward.

It appears that the guardian made three settlements with the court touching his management of the ward’s estate. These settlements appear, by the admission of the guardian in the record, to have been made without notice to the ward; and the question therefore arises, whether they shall, upon the final settlement, be treated as final and conclusive as to the matters embraced therein,…

2Cited by3 opinions

  1. Neville v. KelsoMississippi Supreme Court · 1968
  2. Liddell v. StrongMississippi Supreme Court · 1938
  3. Wirtz v. GordonMississippi Supreme Court · 1938

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