Campbell v. Clark
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court in Chancery. Grant Green, Jr., Judge. STATEMENT BY THE COURT. Suit in equity to surcharge and correct final settlement made by a guardian, which settlement had been confirmed by the probate court. James H. Campbell, guardian of Lucy Clark, a minor, filed in October, 1888, his final settlement'of such guardianship.
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Appeal from Woodruff Circuit Court in Chancery. Grant Green, Jr., Judge. STATEMENT BY THE COURT. Suit in equity to surcharge and correct final settlement made by a guardian, which settlement had been confirmed by the probate court. James H. Campbell, guardian of Lucy Clark, a minor, filed in October, 1888, his final settlement'of such guardianship. In said settlement he charged himself with the amount on hand November 1, 1884, date of the last preceding settlement, to wit: $498.90, with interest on said sum at rate of six per cent, from that date. He asked and obtained a credit of $150…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) The contention in this case is that the guardian fraudulently obtained, a credit of $150 for each of the four years covered by his final settlement.
As to surcharging guardian's account. As to ward's support.
The circuit court found, not only that these credits exceeded the income of the ward’s estate, but also that the guardian had never expended the sums for which he obtained credit on his final settlement. The evidence does not in our opinion show that the guardian induced the probate court to approve the settlement complained of by a statement that…
2Cases cited9 opinions
- Jones v. ParkerTexas Supreme Court · 1886
- In re BostwickNew York Court of Chancery · 1819
- Jones v. GrahamSupreme Court of Arkansas · 1880
- Doan v. DowIndiana Court of Appeals · 1893
- Dyer v. JacowaySupreme Court of Arkansas · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Parker v. WilsonSupreme Court of Arkansas · 1911
- Nelson v. CowlingSupreme Court of Arkansas · 1906
- Alcorn v. AlcornSupreme Court of Arkansas · 1931
- Robinson v. HammonsSupreme Court of Arkansas · 1957
- Shell, Guardian v. Sheets, GuardianSupreme Court of Arkansas · 1941
6 more not listed; retrieve them via the Exa API.