Kimball v. Perkins
Massachusetts Supreme Judicial Court
Appeal, by the administratrix of the estate of Elisha Perkins, an insane person, from a decree of the Probate Court, allowing the account of the appellee as guardian of Perkins.
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Appeal, by the administratrix of the estate of Elisha Perkins, an insane person, from a decree of the Probate Court, allowing the account of the appellee as guardian of Perkins. At the hearing before Soule, J., the following facts appeared: In the account entitled “the second account” the appellee charged himself with the balance of a former account and with moneys received since its allowance, credited himself with sundry payments; and admitted a balance in his hands of $4882.90, invested as set forth in a schedule annexed. One item of this schedule was, “Note of Margaret A. and Luther P.…
1Opinion of the CourtGray, C. J.
A guardian has not, as an administrator has, the legal title in the property of which he is the custodian. Harding v. Weld, 128 Mass. 587, 591. The guardianship had been terminated by the death of the ward, and the object of settling the account of the guardian was to ascertain what estate and effects of the ward remained in his hands and should be paid over or delivered to the administratrix of the ward. Gen. Sts. c. 109, § 16, cl. 4. The guardian had invested funds of the ward in a certain note and mortgage, and had tendered this note and mortgage to the administratrix, who had refused to…
2Cases cited2 opinions
- Blake v. PegramMassachusetts Supreme Judicial Court · 1869
- Harding v. WeldMassachusetts Supreme Judicial Court · 1880
3Cited by4 opinions
- Brigham v. MorganMassachusetts Supreme Judicial Court · 1904
- Bennett v. PierceMassachusetts Supreme Judicial Court · 1905
- Boyd v. FranklinSupreme Court of Alabama · 2005
- McKim v. MannMassachusetts Supreme Judicial Court · 1886