Shaw v. Bates
Supreme Court of Vermont
This case was heard on the report of a commissioner, at the May Term, 1880, Barrett, J., presiding, It was an appeal by Eliza Shaw from a decision of the Probate Court for the district of Hartford.
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This case was heard on the report of a commissioner, at the May Term, 1880, Barrett, J., presiding, It was an appeal by Eliza Shaw from a decision of the Probate Court for the district of Hartford. Upon the report of the commissioner the court rendered judgment, pro forma, that the defendant is chargeable for the sum of $1,985.91, for funds in his hands as guardian, and that the appellant recover her taxable costs ; and ordered judgment to be certified to the Probate Court, to which pro forma judgment the defendant excepted. The defendant moved he be allowed, out of said sum of $1,985.91, the…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. The. commissioner has found that the defendant received annual interest on his ward’s money. He has for that reason charged him with annual interest on the funds in his hands, and allowed him annual interest on his expenses and disbursements. The defendant’s account, as rendered, contains no account of the interest, which he has actually received. It is conceded that the rule is that he is not to make a gain from the funds he holds in trust for the ward. It is not apparent that the method of computing interest adopted by the commissioner…
2Cases cited3 opinions
- Rensselaer & Saratoga Rail Road v. Miller & KnappSupreme Court of Vermont · 1874
- Farwell v. SteenSupreme Court of Vermont · 1874
- Wood v. MatthewsUnited States District Court · 1852
3Cited by2 opinions
- Davis v. EastmanSupreme Court of Vermont · 1896
- Foster's v. StoneSupreme Court of Vermont · 1894