Legal Opinion

Abrams v. United States Fidelity & Guaranty Co.

Wisconsin Supreme Court

Decided March 20, 1906PublishedCited by 12 opinions

Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. Tbis is a proceeding to settle tbe final account of Sarab Perry as tbe guardian of tbe estate of certain minors.

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Appeal from a judgment of tbe circuit court for Winnebago county: Geo. W. BueNell, Circuit Judge. Tbis is a proceeding to settle tbe final account of Sarab Perry as tbe guardian of tbe estate of certain minors. Tbe appellant was a surety upon tbe guardian’s bond, and was made a party to the proceedings in the county court, and appealed from the order of that court settling the guardian’s account to the circuit court, where the matter was again tried and the account settled, and from that judgment the surety appeals to this court. There was little substantial dispute as to the facts. It…

1Opinion of the CourtWiNSlow, J.

The guardian was a trustee of the funds of her wards. It was her duty, on receiving such funds, to keep them for her wards, and to invest so much of them as was not required for immediate and necessary use, as soon as she could do so with reasonable diligence. She could employ an attorney to collect them, and, if she exercised reasonable care and prudence in the choice of an attorney, doubtless she would be protected from losses occurring by the fraud or negligence of the attorney in the course of his duty as collecting agent; but when she had received the funds by draft or in cash *584tbe…

2Cases cited2 opinions

  1. Hutson v. JensonWisconsin Supreme Court · 1901
  2. In re the Guardianship of ThurstonWisconsin Supreme Court · 1883

3Cited by12 opinions

  1. McKeigue v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1907
  2. Brovan v. KyleWisconsin Supreme Court · 1917
  3. Gaver v. EarlyCalifornia Supreme Court · 1923
  4. Hegner v. Van Rossum EstateWisconsin Supreme Court · 1984
  5. In Matter of Trust of SensenbrennerWisconsin Supreme Court · 1977

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