Aldrich v. Willis
California Supreme Court
Appeal from a judgment for the plaintiff in the Eighteenth District Court, County of San Bernardino. McNealy, J. Action for the foreclosure of a mortgage for the sum of $3,000, executed May 21st, 1874, by Henry M. Willis to H. L. Drew, and by the latter assigned to the plaintiff.
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Appeal from a judgment for the plaintiff in the Eighteenth District Court, County of San Bernardino. McNealy, J. Action for the foreclosure of a mortgage for the sum of $3,000, executed May 21st, 1874, by Henry M. Willis to H. L. Drew, and by the latter assigned to the plaintiff. The complaint alleges (besides the usual allegations) that the defendant, Amelia Willis, claims that prior to this mortgage, (to wit, March 20th, 1874) Henry M. Willis had made his note and a mortgage on the same land to her, to secure the repayment of money received by him as her guardian, and appropriated to his…
1Opinion of the Court
McKinstry, J.:
Defendant Henry M. never became executor of the estate of Edwin A. Willis, deceased. He did not qualify, nor were letters testamentary issued to him. Nor was he guardian of the person, or property, of the infant, Amelia Willis, Jr. True, one wrongfully intermeddling with the property of an infant is sometimes held by equity as a guardian, but only (as in the case of an administrator de son tort) for the purpose of an accounting ; he acquires none of the rights of a guardian. Pishon was appointed testamentary guardian—an office not in itself assignable, because a personal trust.…
2Cases cited2 opinions
- Morrison v. BowmanCalifornia Supreme Court · 1865
- Sanford v. HeadCalifornia Supreme Court · 1855
3Cited by6 opinions
- Niles v. EdwardsCalifornia Supreme Court · 1892
- Gaver v. EarlyCalifornia Supreme Court · 1923
- Security Trust & Savings Bank v. Fidelity & Deposit Co.California Supreme Court · 1920
- Martin v. De OrnelasCalifornia Supreme Court · 1903
- Jennings v. JenningsCalifornia Supreme Court · 1894
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