Cutting v. Scherzinger
Oregon Supreme Court
From Tillamook: Reuben P. Boise, Judge. This is an appeal from a decree affirming in part an order of the county court settling a guardian’s account.
Read the full summary
From Tillamook: Reuben P. Boise, Judge. This is an appeal from a decree affirming in part an order of the county court settling a guardian’s account. Some time prior to 1891 one Brady Wilson died, leaving a widow and five minor children.- During that year the widow married C. G. Cutting, and he thereafter resided with the family on her homestead in Tillamook County until November, 1897. On October 26, 1895, he was appointed guardian of his stepchildren, aged from eight to fifteen years, and in March, 1896, •received as such guardian from the estate of their grandfather $1,746. On September 8,…
1Opinion of the CourtChief Justice Bean
1. At the outset it is contended that the sureties on the guardian’s bond cannot invoke the jurisdiction of the county court to settle the accounts of their principal, or for the allowance of credits therein. Whatever the rule may be in the case suggested is immaterial here, because the county court acted, not only on the petition of Cutting’s bondsmen, but that of the subsequently appointed guardian, and even if the bondsmen could not intervene to protect their own interests, as they would seem to have a right to do [Woerner, Guardianship, p. 341, § 101; In re Spath’s Estate, 144 Pa. 383 (22…
2Cases cited4 opinions
- In re Estates of BeiselCalifornia Supreme Court · 1895
- Gatch v. SimpsonOregon Supreme Court · 1901
- Gerber v. BauerlineOregon Supreme Court · 1888
- Estates of SpathPennsylvania Orphans' Court, Northumberland County · 1891
3Cited by4 opinions
- State v. LangfordOregon Supreme Court · 1918
- Moulton v. HuckleberryOregon Supreme Court · 1935
- Sargent v. FolandOregon Supreme Court · 1922
- Booker-Jones Oil Co. v. National Refining Co.Court of Appeals of Texas · 1910