Harris v. Berry
Court of Appeals of Kentucky
Case 22 — GUARDIAN AND WARD APPEAL PROM MARION CIRCUIT COURT. 1. Appellee has been guilty of gross neglect as guardian. 2. He neither compelled the executor of Phillips to settle his accounts, annually as the law of Missouri requires, nor did ho so much as examine any settlement, or see what his wards were entitled to until May, 1870, five years after the executor qualified.
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Case 22 — GUARDIAN AND WARD APPEAL PROM MARION CIRCUIT COURT. 1. Appellee has been guilty of gross neglect as guardian. 2. He neither compelled the executor of Phillips to settle his accounts, annually as the law of Missouri requires, nor did ho so much as examine any settlement, or see what his wards were entitled to until May, 1870, five years after the executor qualified. Then with a judgment in favor of his wards against the executor, and he in failing circumstances, two of the sureties dead, appellee took no stops to enforce payment until March, 1872. 3. This is gross and inexcusable…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion on ti-ie court.
In the year 1864, Robert Phillips died in Perry-county, Missouri, the owner of a large estate, real and', personal. He left a last will and testament, by which; *139he devised Ms estate to Ms widow and children. He-had been twice married, leaving surviving him four-children by his first and one child by his last wife.
Henry L. Caldwell, of Missouri, and the appellee, N. T. Berry, of Lebanon, Kentucky, were appointed as. his executors, Caldwell alone qualifying. In his will he gives to his children certain portions of Ms real estate, and to some more…
2Cited by4 opinions
- New Domain Oil & Gas Co. v. McKinneyCourt of Appeals of Kentucky · 1920
- National Surety Co. v. McNeill's GuardianCourt of Appeals of Kentucky (pre-1976) · 1933
- Layne v. ClarkCourt of Appeals of Kentucky · 1913
- State Ex Rel. Ballard v. ThornWest Virginia Supreme Court · 1935