Calhoun v. Calhoun
Supreme Court of Alabama
Appeal from the Probate Court of Russell. In the matter of the final settlement of the accounts and vouchers of Elisha Calhoun, as guardian of Eliza Calhoun. The guardian’s accounts were filed for settlement on the 16th August, 1866, and the settlement was made on the 8th October following.
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Appeal from the Probate Court of Russell. In the matter of the final settlement of the accounts and vouchers of Elisha Calhoun, as guardian of Eliza Calhoun. The guardian’s accounts were filed for settlement on the 16th August, 1866, and the settlement was made on the 8th October following. The ward’s estate consisted of her distributive share of the estate of her deceased father, Ezekiel Calhoun, and amounted to three hundred and eleven 03-100 dollars; for which a decree was rendered by said probate court, in favor of said Elisha Calhoun, as her guardian, against said Calhoun and Ralph O.…
1Opinion of the CourtJudge, J.
One question made in this case is, that the guardian should have been charged on the settlement with compound interest. The law, as settled in this State, is, that a guardian is not liable to be charged with compound interest, unless he is guilty of such gross neglect in the execution of his trust, as is evidence of fraud.—Bryant v. Craig, 12 Ala. 354. No such mismanagement, as is evidence of a corrupt intention on the part of the guardian, appears in this ease. The failure to make annual settlements is not evidence of fraud, but establishes negligence merely; and the court, therefore, acted…
2Cases cited3 opinions
- Bryant v. CraigSupreme Court of Alabama · 1847
- Montgomery v. GivhanSupreme Court of Alabama · 1854
- Stewart v. LewisSupreme Court of Alabama · 1849
3Cited by8 opinions
- Waldrom v. WaldromSupreme Court of Alabama · 1884
- Willis v. RiceSupreme Court of Alabama · 1908
- Bellamy v. ThorntonSupreme Court of Alabama · 1893
- Law v. BushSupreme Court of Alabama · 1940
- Childress v. ChildressSupreme Court of Alabama · 1873
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