Melanefy v. O'Driscoll
Massachusetts Supreme Judicial Court
Appeal from a decree of the Probate Court, allowing the first account of James Melanefy, guardian of Margaret M. O’Driscoll, a minor. The case was heard by Barker, J., who affirmed the decree of the Probate Court. The appellant by her next friend appealed therefrom, and the justice at her request reported the case to the full court for its determination upon the following questions. The allowance of item 4 of the account was objected to.
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Appeal from a decree of the Probate Court, allowing the first account of James Melanefy, guardian of Margaret M. O’Driscoll, a minor. The case was heard by Barker, J., who affirmed the decree of the Probate Court. The appellant by her next friend appealed therefrom, and the justice at her request reported the case to the full court for its determination upon the following questions. The allowance of item 4 of the account was objected to. This item was a charge for $122.25, paid to the mother of the ward for thirty-five weeks’ board. It appeared that the accountant was, on July 5, 1889,…
1Opinion of the CourtAllen, J.
Even if it were assumed that a widowed mother is under the same obligation to support her minor children as a father would be, an allowance may nevertheless be made to her towards such support from the estate of a child who has property; and if she herself were the guardian, such allowance might be made in the settlement of her accounts. Dawes v. Howard, 4 Mass. 97. In this instance, another person was appointed guardian; and the reasonableness of his payments to his ward’s mother may be determined on his accounting. It is a question of fact, and has been found in his favor, provided such…
2Cases cited1 opinion
- Dawes v. HowardMassachusetts Supreme Judicial Court · 1808
3Cited by7 opinions
- Ellis v. SoperSupreme Court of Iowa · 1900
- McGeary v. McGearyMassachusetts Supreme Judicial Court · 1902
- L. P. Hollander Co. v. PorterMassachusetts Supreme Judicial Court · 1929
- Moran v. DesmondMassachusetts Appeals Court · 1976
- Probate Court of Providence v. HigginsSupreme Court of Rhode Island · 1937
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