State ex rel. Brent v. Grace's Administrator
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. This was an action on a guardian’s bond, brought in the name of the State of Missouri by John Garnett, to the use of Eliza Brent. The bond was executed by Pierce C. Grace, as principal, and by G. W. Goode and I. W. Taylor, as sureties. This was a suit on the bond against A. J. P. Garesché, administrator of said Grace, and against Goode and Taylor, the securities on the bond.
Read the full summary
Appeal from St. Louis Court of Common Pleas. This was an action on a guardian’s bond, brought in the name of the State of Missouri by John Garnett, to the use of Eliza Brent. The bond was executed by Pierce C. Grace, as principal, and by G. W. Goode and I. W. Taylor, as sureties. This was a suit on the bond against A. J. P. Garesché, administrator of said Grace, and against Goode and Taylor, the securities on the bond. The petition states that Pierce C. Grace, at the March term, 1850, of the St. Louis probate court, was appointed guardian of said Eliza Brent, a minor; that he executed a bond,…
1Opinion of the CourtScott, Judge
It is true that there is no privity between Garesché, the administrator of Grace, who was guardian of the minor Eliza Brefit, and the plaintiff, who is the successor of Grace as guardian. The administrator of Grace, as such, has no control over the estate which Grace held as guardian. If Grace converted the trust funds in his hands, or incurred a liability to *91bis ward by the mismanagement of her estate, a claim for such misconduct might be preferred against his administrator, and proceeded with like other demands against a decedent’s estate. But the act of March 3d, 1861 (Sess. Acts, 1851, p.…
2Cases cited1 opinion
- Finney v. StateSupreme Court of Missouri · 1845
3Cited by6 opinions
- State v. DrurySupreme Court of Missouri · 1865
- Tudhope v. PottsMichigan Supreme Court · 1892
- Calhoun v. GrayMissouri Court of Appeals · 1910
- State ex rel. Smith v. MartinMissouri Court of Appeals · 1885
- State ex rel. Hyslop v. BilbyMissouri Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.