Gilbert v. McEachen
Mississippi Supreme Court
Appeal from the Court of Probates of Hinds county, Hon. John W. Robb, judge. The objection to Gilbert’s accounts as guardian, is, that he exceeded the income of the estate, without an order of court. There is no pretence that the accounts are false, extravagant, or improper. That the accounts are reasonable and proper, is shown by the items thereof. We shall not, of course, argue the moral question involved in this cause.
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Appeal from the Court of Probates of Hinds county, Hon. John W. Robb, judge. The objection to Gilbert’s accounts as guardian, is, that he exceeded the income of the estate, without an order of court. There is no pretence that the accounts are false, extravagant, or improper. That the accounts are reasonable and proper, is shown by the items thereof. We shall not, of course, argue the moral question involved in this cause. We are merely to consider the cause in its legal aspect. Now, had Gilbert, the guardian, lawful authority for the expenditures he made and reported to court? We contend that…
1Opinion of the CourtHandy, J.
This was á bill of review in the Court of Probates of Hinds county, filed by the appellees, who were wards of the appellant, for the purpose of correcting certain errors apparent in the settlement of the appellant as their guardian, in that court. The errors complained of in the bill are, that the guardian was allowed by the court in his final settlement, and for his expenditures for the support and maintenance of the wards, an amount exceeding the annual income of-the wards’ estates, the same having been allowed in several annual accounts of the guardian, but there had been no order of the…
2Cases cited3 opinions
- Steen v. SteenMississippi Supreme Court · 1853
- Austin v. LamarMississippi Supreme Court · 1851
- M'Ewin v. StateMississippi Supreme Court · 1872
3Cited by4 opinions
- Neville v. Guardianship of KelsoMississippi Supreme Court · 1971
- Lewis v. StateMississippi Supreme Court · 1929
- Deposit Guaranty Bank & Trust Co. v. MangumMississippi Supreme Court · 1935
- Sample v. Lane, Moore & Co.Mississippi Supreme Court · 1871