Withers v. Hickman
Court of Appeals of Kentucky
Error to the Lincoln Circuit. Chancery. Case 59. The case stated. Sureties of a guardian are responsible o'n their bond for proceeds ofland &c. sold under a decree and received by the guardian, altho' the Chancellor may and does lake a bond and security from such guardian, under the statute.
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Error to the Lincoln Circuit. Chancery. Case 59. The case stated. Sureties of a guardian are responsible o'n their bond for proceeds ofland &c. sold under a decree and received by the guardian, altho' the Chancellor may and does lake a bond and security from such guardian, under the statute. The Chancellor has the power to change Die custody of a fund from the hands of a removed guardian, and to place them in the hands of the guardian, .but eompen s a t i o n should be made to the removed guardian, unless good cause appear against it. Chancellor, upon proper case made/out by the guardian, may…
1Opinion of the CourtChief Justice Ewing
These several suits were instituted by the infants, by Thomas J. Thurman, their next friend, and statutory guardian, against Withers, their former guardian, who had been removed by the orders of the County Court, for the recovery of the proceeds of their estate, all of which had arisen from the sale of a small tract of land of 100> acres, a grist mill and two acres of ground, and two slaves, made on the petition of Withers, as their guardian, by the decree of the Circuit Court, and the greater part of the proceeds paid into his hands as guardian, by the order of the Court, before his removal.…
2Cited by11 opinions
- Botkin v. KleinschmidtMontana Supreme Court · 1898
- United States Fidelity & Guaranty Co. v. McGinnis' AdministratorCourt of Appeals of Kentucky · 1912
- Elbert v. JacobyCourt of Appeals of Kentucky · 1871
- Abshire v. RoweCourt of Appeals of Kentucky · 1902
- Watson v. WatsonCourt of Appeals of Kentucky · 1919
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