State Ex Rel. Tharington v. Tharington
Supreme Court of North Carolina
Guardian and Ward — Husband and Wife — Reference. This is a uivil ACTION; which was tried upon exceptions to referee’s report, before Merrimon, J., at April Term, 1887, of Franklin Superior Court. Joshua Paschall died in the year 1856, and in December administration on his estate was granted to Robert Paschall.
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Guardian and Ward — Husband and Wife — Reference. This is a uivil ACTION; which was tried upon exceptions to referee’s report, before Merrimon, J., at April Term, 1887, of Franklin Superior Court. Joshua Paschall died in the year 1856, and in December administration on his estate was granted to Robert Paschall. The intestate left real and personal estate, and among his other heirs at law and distributees the relator Susan, a daughter being an infant; the defendant Fenner Tharington was at September Term, 1858, of the County Court of Franklin appointed her guardian, and entered into the bond…
1Opinion of the Court
Smith, C. J.,
(after stating the case). It was entirely proper that all the evidence before the referee should be before the Court in determining upon bis findings. There is no cause furnished to the defendants for complaint of the action of the Judge in re-committing the report, and it is sustained.
It is a well settled principle that in the management of the trust estate committed to the guardian, he will not be allowed to use more than the accruing profits in the maintenance and education of his ward, except with the sanction of the Court, or in extreme cases and of urgent necessity-The law…
2Cases cited2 opinions
- Morrison v. . BakerSupreme Court of North Carolina · 1879
- Currie v. . McNeillSupreme Court of North Carolina · 1880
3Cited by2 opinions
- Kossuth County State Bank v. RichardsonSupreme Court of Iowa · 1908
- Duffy v. Williams.Supreme Court of North Carolina · 1903