Legal Opinion

Campbell v. Golden

Court of Appeals of Kentucky

Decided November 8, 1881PublishedCited by 2 opinions

Case 114 — EQUITY APPEAL PROM KNOX CIRCUIT COURT. 1. The guardian has the right under the statute to use such part of the principal of the funds of his ward as is necessary for her comfort and maintenance. 2. He ought not to have been charged with interest upon interest. (Bev. Stat., vol. 1, 578; 1 M. & B. Stat., 785 ; 4 B. Mon., 320;. Hughes v. Smith, 2 Dana, 251; Gen. Stat., 506.) It is the duty of the guardian to raise the ward upon the interest of the fund in his hands.

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Case 114 — EQUITY APPEAL PROM KNOX CIRCUIT COURT. 1. The guardian has the right under the statute to use such part of the principal of the funds of his ward as is necessary for her comfort and maintenance. 2. He ought not to have been charged with interest upon interest. (Bev. Stat., vol. 1, 578; 1 M. & B. Stat., 785 ; 4 B. Mon., 320;. Hughes v. Smith, 2 Dana, 251; Gen. Stat., 506.) It is the duty of the guardian to raise the ward upon the interest of the fund in his hands. If that be not sufficient, it is his duty to bind the ward as an apprentice. The statute imposes this duty upon him.…

1Opinion of the Court

JUDGE HARGIS

delivered tile opinion of the court.

When Celia Gibson was but eighteen months old her mother died, leaving her homeless, and without a protector.

The appellant was immediately appointed and qualified as her guardian.

He at once took custody of his ward, and collected the sum of $328.27, which she was entitled to by distribution *545from her grandfather’s estate, and was all the estate she? owned.

It appears that Celia was subject to the diseases incident to childhood, and at times exceedingly cross and fretful,, which made it necessary for appellant to hunt new homes’' for her, as the…

2Cases cited1 opinion

  1. Jarret v. AndrewsCourt of Appeals of Kentucky · 1870

3Cited by2 opinions

  1. Bohn v. Bohn's GuardianCourt of Appeals of Kentucky (pre-1976) · 1929
  2. Commonwealth ex rel. Lee v. LeeCourt of Appeals of Kentucky · 1905

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