Nelson v. Cowling
Supreme Court of Arkansas
Appeal from Howard Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. This suit is by appellee, and cross-appellant, present guardian, against appellant, former guardian, of Bettie M. Jones, an insane person, to surcharge and falsify the settlements of appellant with his ward which had been approved by the probate court.
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Appeal from Howard Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. This suit is by appellee, and cross-appellant, present guardian, against appellant, former guardian, of Bettie M. Jones, an insane person, to surcharge and falsify the settlements of appellant with his ward which had been approved by the probate court. The issue is narrowed here by briefs „of counsel to the question of whether or not the settlements should be set aside in the matter of rents received by appellant from lands of his ward. The complaint concerning this charged: “That, during the…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Appellant challenges the jurisdiction. In McLeod v. Griffis, 45 Ark. 505, it is said: “An omission to account for moneys or other assets actually received by the administrator has been by this court held to be a legal fraud which the chancery court will correct, whether the omission was intended or by mistake.”
In Campbell V. Clark, 63 Ark. 450, we held (quoting syllabus) that “for a guardian to obtain credits in his final settlement with the probate court for sums not expended by him for the benefit of the ward is such a fraud as will justify a court of…
2Cases cited9 opinions
- Reinhardt v. GartrellSupreme Court of Arkansas · 1878
- Dyer v. JacowaySupreme Court of Arkansas · 1883
- Trimble v. JamesSupreme Court of Arkansas · 1883
- Mock v. PleasantsSupreme Court of Arkansas · 1879
- Campbell v. ClarkSupreme Court of Arkansas · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cazort & McGehee Co. v. DunbarSupreme Court of Arkansas · 1909
- Dumas v. HollinsSupreme Court of Alabama · 1934
- Ledwidge v. TaylorSupreme Court of Arkansas · 1940
- Redditt v. Hale Redditt v. FoglemanCourt of Appeals for the Eighth Circuit · 1952
- Thomas v. ThomasSupreme Court of Arkansas · 1917
4 more not listed; retrieve them via the Exa API.