Taylor v. Hill
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Guardian’s accounting. The case was before this court on the appeal of Hill on a former occasion. Taylor v. Hill, 86 Vis. 99. The facts were fully stated upon that appeal, and need not be restated here.
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APPEAL from the Circuit Court for Dane County. Guardian’s accounting. The case was before this court on the appeal of Hill on a former occasion. Taylor v. Hill, 86 Vis. 99. The facts were fully stated upon that appeal, and need not be restated here. The court then affirmed a judgment holding Ilill liable to account to the plaintiffs, for the principal of certain moneys received by him as guardian of the plaintiffs, September 2, 1870. Ho interest was allowed by the circuit court upon these funds, except interest from July 1, 1891, when the petition for accounting was filed. The question as to…
1Opinion of the CourtWinslow, J.
The guardian here was not guilty of actual fraud or intentional misconduct. He was simply guilty of neglect of duty. He turned over the moneys of his wards to their mother immediately upon receiving them, under the mistaken idea that they belonged to the mother. The question is, Should he be charged with interest upon the funds ? The rule that it is the duty of a guardian to invest the funds of his ward so that interest may be derived therefrom is as old as the common law itself, and needs no citation of authorities. That he must be charged with interest if he fails within a reasonable time…
2Cases cited4 opinions
- In re the Guardianship of ThurstonWisconsin Supreme Court · 1883
- Wilcox v. BatesWisconsin Supreme Court · 1878
- Mills v. Evansville SeminaryWisconsin Supreme Court · 1881
- Olsen v. ThompsonWisconsin Supreme Court · 1890
3Cited by2 opinions
- Hegner v. Van Rossum EstateWisconsin Supreme Court · 1984
- Keleske v. KeleskeWisconsin Supreme Court · 1967