France v. Shockey
Supreme Court of Arkansas
Appeal from Benton Circuit Court; /. S’. Maples, Judge; 1. The probate court has ample equitable jurisdiction over guardians’ settlements to reopen and review them at any time for frauds and errors.
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Appeal from Benton Circuit Court; /. S’. Maples, Judge; 1. The probate court has ample equitable jurisdiction over guardians’ settlements to reopen and review them at any time for frauds and errors. Const. 1874, art. 7, § 34; 40 Ark. 443; 33 Ark. 728. 2 A guardian may not be allowed, and the probate court is without authority to award to a guardian, for maintenance and education of the ward, more than the clear income of the estate unless such expenditures have been made tinder direction of the court. Sandels & Hill’s Dig., § 3604; 63 Ark. 454; 60 Miss. 277; 53 Miss. 143; 67 Tex. 76. An…
1Opinion of the CourtFrauenthal, J.
In 1895 the appellee, J. B. Shockey, was appointed guardian of Courtney Holland, a minor, by the probate court of Benton County. As such guardian he made eight annual settlements of the guardianship thereafter, and each of these settlements was confirmed by said probate court. No appeal was taken from any of said orders confirming said settlements. The last of these annual settlements was confirmed by said probate court in 1903. On January 20, 1904, Courtney Holland married and became Courtney France, and in April, 1904, she arrived at the age of 18 years. In April, 1904, the guardian filed…
2Cases cited9 opinions
- Nelson v. CowlingSupreme Court of Arkansas · 1909
- Jett v. CrittendenSupreme Court of Arkansas · 1909
- Payne v. McCabeSupreme Court of Arkansas · 1881
- Files v. LawSupreme Court of Arkansas · 1908
- Bell & Carlton v. WelchSupreme Court of Arkansas · 1881
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Rickel v. PeckSupreme Court of Minnesota · 1942
- Taylor v. GumpertSupreme Court of Arkansas · 1910
- Hardy v. HardySupreme Court of Arkansas · 1950
- In Re Guardianship of OverpeckSupreme Court of Minnesota · 1942
- Montgomery v. First National Bank of NewportSupreme Court of Arkansas · 1967
1 more not listed; retrieve them via the Exa API.