Kittredge v. Betton
Superior Court of New Hampshire
Appeal from the decree of the judge of probate. At a probate court for the county of Rockingham, in January, 1841, Rufus Kittredge, as administrator with the will annexed of George Kittredge, presented a petition setting forth that Thornton Betton, of Derry, in that county, was appointed Nov. 6, 1832, guardian of said George, then a minor, and took upon himself that trust, and that a large amount of the property of said George passed into his hands ; that the said George…
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Appeal from the decree of the judge of probate. At a probate court for the county of Rockingham, in January, 1841, Rufus Kittredge, as administrator with the will annexed of George Kittredge, presented a petition setting forth that Thornton Betton, of Derry, in that county, was appointed Nov. 6, 1832, guardian of said George, then a minor, and took upon himself that trust, and that a large amount of the property of said George passed into his hands ; that the said George long since attained the age of twenty-one, but that Betton has never settled any account of his guardianship, but neglects…
1Opinion of the CourtParker, C. J.
We are of opinion that the motion to dismiss this appeal cannot prevail. Betton was guardian, and his guardianship bond required that he should render an account when required in the probate court. This he has never done. Being cited for that purpose, he appeared and produced evidence of a settlement with the ward and a discharge by him ; and this satisfied the judge of probate that he ought not to be required to settle a farther account. But this settlement was not a compliance with the condition of the bond, and did not debar the judge of probate from requiring a settlement to be made in…
2Cited by3 opinions
- Zaffer v. ZafferOhio Court of Appeals · 2011
- Hibbard v. KentSuperior Court of New Hampshire · 1844
- Clarke v. ClaySuperior Court of New Hampshire · 1855