Simmons v. Almy
Massachusetts Supreme Judicial Court
Trustee process for board furnished to the principal defendant, against whom judgment was entered on his default. Writ dated February 9, 1866. In the superior court, on the question of charging the Citizens’ Savings Bank, summoned as trustee, these facts appeared: The principal defendant was an adult, married, and having a family; but was under the guardianship successively of Joseph Osborn, Philip B. Chase, and Asa B. Anthony, from 1857 till after the service of process on…
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Trustee process for board furnished to the principal defendant, against whom judgment was entered on his default. Writ dated February 9, 1866. In the superior court, on the question of charging the Citizens’ Savings Bank, summoned as trustee, these facts appeared: The principal defendant was an adult, married, and having a family; but was under the guardianship successively of Joseph Osborn, Philip B. Chase, and Asa B. Anthony, from 1857 till after the service of process on the alleged trustee, Chase succeeding Osborn in 1863, and Anthony succeeding Chase later in the same year. Osborn,…
1Opinion of the CourtColt, J.
The property of a person under guardianship may be taken on execution issued against him. It may therefore be attached on mesne process in all the usual modes, including the trustee process. The remedy to recover a debt against the ward by suit upon the guardian’s bond is not exclusive. Hicks v. Chapman, 10 Allen, 463. Spring v. Woodworth, 4 Allen, 326. Guardians are not invested with the legal title of the ward’s property. They have only the control and management of it, a power not coupled with an interest. They can make no contract binding upon his person or estate.
The funds here disclosed…
2Cited by9 opinions
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