Murray v. Wood
Massachusetts Supreme Judicial Court
Appeal, by the assignee in insolvency of the estate of William H. Murray, from a decision of the Court of Insolvency, allowing the claim of the plaintiff against said estate.
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Appeal, by the assignee in insolvency of the estate of William H. Murray, from a decision of the Court of Insolvency, allowing the claim of the plaintiff against said estate. Trial in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows: The plaintiff offered to prove that she was born on July 7, 1860; that William H. Murray, the insolvent debtor, who was her father, was duly appointed her legal guardian by the Probate Court on April 2, 1878, and then took upon himself that trust, and had remained and acted as such guardian ever since; that he…
1Opinion of the CourtField, J.
Although Murray ceased to be guardian when his ward reached the age of twenty-one years, his liability on account of property which came into his possession as guardian cannot be determined by a Court of Insolvency. His accounts are to be settled in the Probate Court. If he refuses to settle his accounts, or to pay over to the ward the amount found due on such settlement, the remedy is by an action at law upon his bond, which must be brought in the Supreme Judicial Court in the name of'the judge of probate. Pub. Sts. c. 139, § 22; c. 143, §§ 18, 19.
It is probably true that, if he neglects or…
2Cases cited1 opinion
- McLane v. CurranMassachusetts Supreme Judicial Court · 1882
3Cited by17 opinions
- Green v. GaskillMassachusetts Supreme Judicial Court · 1900
- Hantzch v. MassoltSupreme Court of Minnesota · 1895
- Holmes v. HolmesMassachusetts Supreme Judicial Court · 1907
- Day v. Old Colony Trust Co.Massachusetts Supreme Judicial Court · 1917
- Forbes v. HarringtonMassachusetts Supreme Judicial Court · 1898
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