McGeary v. McGeary
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court of the County of Essex upon the allowance of the account of a guardian. The case was heard on appeal by a single justice of this court.
Read the full summary
Appeal from a decree of the Probate Court of the County of Essex upon the allowance of the account of a guardian. The case was heard on appeal by a single justice of this court. It appeared, that by the guardian’s account he charged himself with deposits of $2,000 in two savings banks and the interest of $1,208.98 paid by those banks, making a total of $3,208.98. He credited himself with $2,452 for board, clothes and education, leaving a balance at the ward’s majority of $756.98. It appeared, that the guardian had drawn from the banks $1,425, of which $1,000 was lent and lost, its collection…
1Opinion of the CourtBarker, J.
A father who is guardian of his minor child should be allowed for the support of the latter in settlement of his guardian’s account if the father was not of sufficient ability pecuniarily to support the child in the way in which he should be brought up. Dawes v. Howard, 4 Mass. 97. Strong v. Moe, 8 Allen, 125. See also Melanefy v. O'Driscoll, 164 Mass. 422. Whether such an allowance should be made in the present case was a question of fact a finding upon which in favor of the accountant is implied in the decision appealed from. That decision will not be changed here unless clearly shown to…
2Cases cited3 opinions
- Dawes v. HowardMassachusetts Supreme Judicial Court · 1808
- Forbes v. WareMassachusetts Supreme Judicial Court · 1899
- Melanefy v. O'DriscollMassachusetts Supreme Judicial Court · 1895
3Cited by4 opinions
- McCusker v. GeigerMassachusetts Supreme Judicial Court · 1907
- McIntire v. MowerMassachusetts Supreme Judicial Court · 1910
- Trumbull v. O'HaraSupreme Court of Connecticut · 1898
- Harding v. ForbushMassachusetts Supreme Judicial Court · 1912