Diffie v. Anderson
Supreme Court of Arkansas
Appeal from Ouachita Chancery Court; Jas. M. Barker, Chancellor; STATEMENT OF FACTS. In April, 1906, S. W. Anderson married Mrs. Rosie Wilson, a widow with two children, the oldest a girl named Lena, then about six or seven years old, the other a. boy named Junius, who was then about four years of age. These children lived with Anderson for about six years, when they left him to live with their grandmother.
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Appeal from Ouachita Chancery Court; Jas. M. Barker, Chancellor; STATEMENT OF FACTS. In April, 1906, S. W. Anderson married Mrs. Rosie Wilson, a widow with two children, the oldest a girl named Lena, then about six or seven years old, the other a. boy named Junius, who was then about four years of age. These children lived with Anderson for about six years, when they left him to live with their grandmother. Mrs. Wilson was the guardian of her children at the time of her marriage, and had filed a settlement as guardian in which it was shown that she had no funds in her hands belonging to her…
1Opinion of the Court
SMITH, J.,
(after stating the facts). We think the court should not have dismissed the complaint but, on the contrary, should have surcharged the account and should have held that a fraud in law had been committed in the allowance of the charge for board. The facts are substantially identical with those of the case of Thomas v. Thomas, 126 Ark. 579. The court there applied Section 3792 of Kirby’s Digest, which provides that the guardian shall not be allowed more than the clear income of the estate for the maintenance and education of the ward unless the expenditure is directed by the probate…
2Cases cited5 opinions
- Mell v. StateSupreme Court of Arkansas · 1918
- Dugger v. WrightSupreme Court of Arkansas · 1888
- Campbell v. ClarkSupreme Court of Arkansas · 1897
- State ex rel. Hall v. Canal Construction Co.Supreme Court of Arkansas · 1918
- Thomas v. ThomasSupreme Court of Arkansas · 1917
3Cited by3 opinions
- Hilger v. J. R. Watkins Medical Co.Supreme Court of Arkansas · 1919
- Mitchell v. Columbia Casualty Co.Montana Supreme Court · 1940
- Eason v. HighleySupreme Court of Arkansas · 1930