Dawes v. Howard
Massachusetts Supreme Judicial Court
This was an action of debt on a bond given by the defendants to the judge of probate, as sureties with Samuel Treat, deceased, upon his being appointed guardian to his five minor children. The writ was thus endorsed: “ This suit is commenced for the benefit of Samuel Treat, Maria Treat, Ann Treat, Mary Treat, and Lucius Junius Treat, children of Samuel Treat, deceased, and heirs of Lemuel C. May, deceased.”
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This was an action of debt on a bond given by the defendants to the judge of probate, as sureties with Samuel Treat, deceased, upon his being appointed guardian to his five minor children. The writ was thus endorsed: “ This suit is commenced for the benefit of Samuel Treat, Maria Treat, Ann Treat, Mary Treat, and Lucius Junius Treat, children of Samuel Treat, deceased, and heirs of Lemuel C. May, deceased.” The defendants confessed the forfeiture, and prayed to be heard in chancery. The Court appointed two commissioners to hear the parties, and to receive and state the account of said Treat,…
1Opinion of the Court
The Court,
after considering this cause, observed that, although, in England, guardians of infants were not permitted to trench on the principal of the funds belonging to their wards in any case, unless leave has been first given by tjie chancellor, upon application tc him, our statutes have altered the law in this respect, and have even made the real estates of minors liable to be sold for their sup port and education, when the personal estate shall be insufficient.
In the present case, they ordered the late guardian’s account to be charged with interest on the several sums received by him,…
2Cited by18 opinions
- Benson v. RemingtonMassachusetts Supreme Judicial Court · 1806
- Whipple v. DowMassachusetts Supreme Judicial Court · 1807
- Gilley v. GilleySupreme Judicial Court of Maine · 1887
- Alling v. AllingNew Jersey Court of Chancery · 1893
- Doelp v. DoelpSuperior Court of Pennsylvania · 1971
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