In re the Guardianship of Hause
Supreme Court of Minnesota
On February 28,1880, Charles H. Woods was, by the probate court of Hennepin county, appointed guardian of Lyman N. Hause, a spendthrift. On August 27, 1883, he filed his final account, showing $1,544.69 received and $1,569.81 expended, with a petition for its allowance. The petition was ordered to be heard September 24, 1883, and a citation to all persons interested was ordered to be served by two weeks’ publication.
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On February 28,1880, Charles H. Woods was, by the probate court of Hennepin county, appointed guardian of Lyman N. Hause, a spendthrift. On August 27, 1883, he filed his final account, showing $1,544.69 received and $1,569.81 expended, with a petition for its allowance. The petition was ordered to be heard September 24, 1883, and a citation to all persons interested was ordered to be served by two weeks’ publication. This was done, and on the day named, the petition was heard, and the account examined, adjusted and allowed as filed, no one appearing to oppose. On November 25, 1883, Thomas…
1Opinion of the CourtMitchell, J.
Every guardian, if he have assets, is required to pay all just debts of his ward. Gen. St. 1878, c. 59, § 29. If he refuse, an action will lie upon the guardianship bond; at least, where the debt has been first ascertained by a judgment against the ward. Conant v. Kendall, 21 Pick. 36; Cole v. Eaton, 8 Cush. 587. In such an action the order or judgment of the probate court, upon an accounting by the guardian, would be conclusive as to whether he had assets in his hands, and the amount of them. We are, therefore, of •opinion that a creditor of a ward is entitled to be heard in the matter of…
2Cited by16 opinions
- In Re Estate of DanielSupreme Court of Minnesota · 1940
- Savela v. EricksonSupreme Court of Minnesota · 1917
- Williams v. MilesNebraska Supreme Court · 1902
- Leyland v. LeylandMassachusetts Supreme Judicial Court · 1904
- Schleiderer v. GergenSupreme Court of Minnesota · 1915
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