Legal Opinion

Judge of Probate v. Grant

Supreme Court of New Hampshire

Decided June 5, 1880Published

Debt, upon a probate bond signed by Grant as principal, and Sanders and Dow as sureties. On the 19th day of April, 1870, Grant was appointed guardian of two minors, and gave the bond in suit. Grant settled his account in the probate court at the June term, 1876, and never before. His sureties took no part in the settlement.

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Debt, upon a probate bond signed by Grant as principal, and Sanders and Dow as sureties. On the 19th day of April, 1870, Grant was appointed guardian of two minors, and gave the bond in suit. Grant settled his account in the probate court at the June term, 1876, and never before. His sureties took no part in the settlement. The sureties defend against this suit upon the ground that the legal effect of not settling his account within four years was to vacate bis appointment at the expiration of four years. The court having charged him on account of funds received after as well as before the…

1Opinion of the CourtClark, J.

The guardian of a minor duly appointed continues in office “ until the minor arrives at the age of twenty-one years, or until discharged.” G. S., c. 166, s. 3. He is required to “ give bond to tbe judge of probate in a reasonable sum, with sufficient sureties, upon condition, among other things, faithfully to discharge his trust, and render, upon oath, a true and just account of his guardianship, when thereto required.” G. S., c. 165, s. 2. “ Such guardian, as often, as once in three years, shall settle his guardian account, and if he. neglect for four years to settle, his trust shall be…

2Cases cited1 opinion

  1. Woodbury v. HammondSupreme Judicial Court of Maine · 1866

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