Boaz's Adm'r v. Milliken
Court of Appeals of Kentucky
Case 88 — PETITION EQUITY — APPEAL PROM SIMPSON CIRCUIT COURT. ' The ward’s claims constituted debts against the Federal Government and the failure to take steps to collect these claims was as much negligence as if they had been debts against an individual. Ut was Milliken’s duty to collect the claim of his ward at once, or to notify the Pension Department of his appointment. His failure to do so was gross negligence, for which he is liable.
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Case 88 — PETITION EQUITY — APPEAL PROM SIMPSON CIRCUIT COURT. ' The ward’s claims constituted debts against the Federal Government and the failure to take steps to collect these claims was as much negligence as if they had been debts against an individual. Ut was Milliken’s duty to collect the claim of his ward at once, or to notify the Pension Department of his appointment. His failure to do so was gross negligence, for which he is liable. (Hemphill v. Lewis, 7 Bush, 214-15; 1 Perry on Trusts, sec. 440.) .Milliken was guilty of negligence in not notifying the Pension Department of his…
1Opinion of the Court
JUDGE HOLT
delivered the opinion op the court.
Simeon Boaz died a soldier in the Federal army, leaving an infant son. In November, 1873, David' 5. Bryan was appointed his guardian, and shortly thereafter he, as such guardian, by an attorney, prepared and filed, under the laws of the United States,, in the proper department at Washington, two claims-for his ward in right of the father, one being for-back pay and bounty, and the other for a pension.
While they were yet pending, and before anything had been allowed upon them, Bryan resigned,, and was discharged as guardian.
On September 2, 1874, the…
2Cases cited1 opinion
- Hemphill v. LewisCourt of Appeals of Kentucky · 1870
3Cited by2 opinions
- Layne v. ClarkCourt of Appeals of Kentucky · 1913
- In re Sharkey, New York County Courts1925