Wyatt v. Woods
Supreme Court of Missouri
Appeal from Weston Court of Common Pleas. I. Annual settlements are not such judgments as will authorize a suit in favor of the guardian against the ward, for the reason that the law requires the guardian to make an annual and to make a final settlement; and before he can make final settlement, lie must give notice in some newspaper of bis intention. Then the settlement becomes final and the ward is brought before the court to defend it.
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Appeal from Weston Court of Common Pleas. I. Annual settlements are not such judgments as will authorize a suit in favor of the guardian against the ward, for the reason that the law requires the guardian to make an annual and to make a final settlement; and before he can make final settlement, lie must give notice in some newspaper of bis intention. Then the settlement becomes final and the ward is brought before the court to defend it. Annual settlements are like interlocutory decrees, but are made final by the rendition of a final judgment; and in order that the guardian may make a final…
1Opinion of the CourtEwing, Judge
This was an action by the executor of the last will of Galloway, who was guardian of the defendant, Mary Woods, formerly Dale, to recover a sum of money alleged to be due upon a settlement by the testator, Galloway, as guardian of said Mary. The answer denied the indebtedness, avers that there was no final settlement of the guardianship and no settlement of which any notice was given, and sets up the statute of limitations. On the trial the plaintiff read in evidence, against defendant’s objections, a transcript of a settlement in the probate court. This purports to be the first and second…
2Cases cited1 opinion
- Olds v. PowellSupreme Court of Alabama · 1846
3Cited by4 opinions
- Title Guaranty & Surety Co. v. Missouri ex. rel. StormfeltzCourt of Appeals for the Eighth Circuit · 1939
- Brown v. ChadwickSupreme Court of Missouri · 1883
- Talbot v. CollinsIdaho Supreme Court · 1920
- Murphy v. MurphyMissouri Court of Appeals · 1876