Legal Opinion

Cobb v. . Fountain

Supreme Court of North Carolina

Decided March 5, 1924PublishedCited by 11 opinions

1Opinion of the CourtAdams, J.

As a general rule a guardian may discharge himself at the termination of his trust by turning over to the person lawfully entitled thereto whatever securities he may have taken in good faith as a result of the prudent management of his ward’s estate. Schouler’s Domestic Relations, 544, sec. 386. “The ward is bound to accept a bond in discharge of a guardian which the latter properly took and has not made his own by fraud or laches. The Court has said that such bonds, in truth, belong to the ward, and that although they are negotiable, one who takes them from the guardian with notice must…

2Cases cited9 opinions

  1. Ormiston v. . OlcottNew York Court of Appeals · 1881
  2. State v. WashburnSupreme Court of Connecticut · 1896
  3. State Ex Rel. Collins v. GoochSupreme Court of North Carolina · 1887
  4. State Ex Rel. Whitford v. FoySupreme Court of North Carolina · 1874
  5. Moore Ex Rel. Carr v. AskewSupreme Court of North Carolina · 1881

4 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. First-Citizens Bank & Trust Co. v. ParkerSupreme Court of North Carolina · 1945
  2. State Ex Rel. Roebuck v. National Surety Co.Supreme Court of North Carolina · 1931
  3. Gross v. ButlerCourt of Appeals of Georgia · 1934
  4. Ernul v. . ErnulSupreme Court of North Carolina · 1926
  5. Sheets v. J. G. Flynt Tobacco Co.Supreme Court of North Carolina · 1928

6 more not listed; retrieve them via the Exa API.

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