Legal Opinion

Williams v. Reed

Missouri Court of Appeals

Decided March 29, 1898PublishedCited by 3 opinions

Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. This is simply an examination of the final settlement of Frank Tucker as curator of Lena and Minnie Williams. It is not a final settlement in compliance with section 5329, Revised Statutes 1889, as no notice of the same was given to the successor, J. T. Williams, as is provided by that section, as in case of revocation of curatorship.

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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. This is simply an examination of the final settlement of Frank Tucker as curator of Lena and Minnie Williams. It is not a final settlement in compliance with section 5329, Revised Statutes 1889, as no notice of the same was given to the successor, J. T. Williams, as is provided by that section, as in case of revocation of curatorship. Neither is it a proceeding against the curator and his sureties', as provided in sections 5330 and .5331, Revised- Statutes 1889, as no citation was issued for the sureties. It is, therefore,…

1Opinion of the CourtBiggs, J.

— In 1885 Frank Tucker was appointed curator of the estates of Lena and Minnie Williams, minors. W. F. Reed and J. Me. D. Trimble, the appellants herein, were the sureties on his official bond. Tucker made his first settlement in July, 1889. In that settlement he charged himself with $1,292.86, the amount received by him from a former guardian, and which composed the entire estates of his wards. In 1882 Tucker married the mother of his wards. After his appointment as curator the children continued to live with him and his wife. In the settlement mentioned Tucker took credit for $800 for the…

2Cases cited16 opinions

  1. Johnson v. BeazleySupreme Court of Missouri · 1877
  2. Henry v. McKerlieSupreme Court of Missouri · 1883
  3. Murphy v. DeFranceSupreme Court of Missouri · 1891
  4. Rottmann v. SchmuckerSupreme Court of Missouri · 1887
  5. Estate of Meeker v. SwiftMissouri Court of Appeals · 1891

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3Cited by3 opinions

  1. Switzer v. SwitzerSupreme Court of Missouri · 1906
  2. Harris v. LyonArizona Supreme Court · 1914
  3. In re Estate of BranchMissouri Court of Appeals · 1907

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