Smith v. Hilly
Supreme Court of Georgia
In Equity, in Elbert Superior Court. Tried before Judge Thomas, at September Term, 1859. This was a bill filed by Lindsay H. Smith, against Thomas M. Hilly, and wife, to recover certain sums paid and expended by him, as guardian of Mrs. Hilly, formerly Miss Smith,' over and above his receipts as her guardian.
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In Equity, in Elbert Superior Court. Tried before Judge Thomas, at September Term, 1859. This was a bill filed by Lindsay H. Smith, against Thomas M. Hilly, and wife, to recover certain sums paid and expended by him, as guardian of Mrs. Hilly, formerly Miss Smith,' over and above his receipts as her guardian. The bill states, and the answer admits, that upon the marriage of his ward, he delivered to her husband, the said Thomas M. Hilly, all her estate, consisting exclusively of negroes. The bill further states, that said Thomas M., when he received said negroes, agreed to execute a refunding…
1Opinion of the Court
— Stephens J.
By the Court.
delivering the opinion.
In this case, the guardian has made annual returns, showing that for several years, the expenses of the maintenance and education of his ward have exceeded her income 5 and the only question is, whether this excess ought to be allowed him in his account. Our statute of 1799, sec Cobb's Big, 313, directs that guardians shall be allowed all “ reasonable disbursements suitable to the circumstances of the orphan,” and then declares that when it shall appear to the Court of Ordinary that the income is not sufficient for the education and maintenance…
2Cases cited1 opinion
- Rolf v. RolfSupreme Court of Georgia · 1856
3Cited by2 opinions
- Williams v. AdamsSupreme Court of Georgia · 1894
- Banister v. BagleyCourt of Appeals of Georgia · 1937