Whedbee v. . Whedbee
Supreme Court of North Carolina
Cause removed from-the Court of Equity of Perqnimons county. The bill was brought against tlie executrix of James P. Whedbee, as the guardian of the plaintiff, for an account and-settlement. The defendant’s testator entered in as-plaintiff’s guardian in 1831, and continued in the ofiice-until, 1845, when,, the plaintiff having lately become of age, he surrendered the-estate to him.
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Cause removed from-the Court of Equity of Perqnimons county. The bill was brought against tlie executrix of James P. Whedbee, as the guardian of the plaintiff, for an account and-settlement. The defendant’s testator entered in as-plaintiff’s guardian in 1831, and continued in the ofiice-until, 1845, when,, the plaintiff having lately become of age, he surrendered the-estate to him. At the time of delivering up the property, the guardian took from the plaintiff a written instrument, which is as follows: “ I, James N. Whedbee, have this day settled with James-P. Whedbee, my guardian, and have…
1Opinion of the CourtManly, J.
This is a bill filed by the complai|$£ni; against the executrix and executor of his former guardian, for'anífc-,; count and settlement of the guardianship. It was filed nine years after the ward had arrived at full age, and eight years after he had had a settlement with his guardian, payment in full according to the account then rendered and a release.
We think it was too late to 'demand a readjustment of the guardian accounts.
A release, taken by a guardian from his ward, upon a settlement, soon after the ward’s arrival at age, is looked upon with some suspicion in a court of Equity, and would…
2Cited by1 opinion
- Slaughter v. . CannonSupreme Court of North Carolina · 1886