Bogia v. Darden
Supreme Court of Alabama
Appeal from the Probate Court of Macon. In the matter of the final settlement of the accounts and vouchers of Peter Bogia, as guardian of Ellen Darden, formerly Ellen Holman, now the wife of Henry 0. Darden.
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Appeal from the Probate Court of Macon. In the matter of the final settlement of the accounts and vouchers of Peter Bogia, as guardian of Ellen Darden, formerly Ellen Holman, now the wife of Henry 0. Darden. The ward’s petition for the settlement, which was signed by her attorney, and was not under oath, alleged, that letters of guardianship were issued to said Bogia, by said probate court, on the 14th September, 1854; that he received on the 1st March, 1857, the sum of six hundred and forty-two dollars, belonging to his said ward; that he had never made any statement or settlement of his…
1Opinion of the CourtByrd, J.
When a guardian removes from the State, without making final settlement, the judge of probate is authorized to state an account in his absence, from the materials in the office, and such testimony as may be adduced.—Code, § 2038. In the settlement of the accounts of guardians, and in all the preparatory proceedings thereto, the law providing for the settlement of the accounts of executors and administrators, so far as applicable, is in full force against guardians and their sureties, if not in hostility to any provision of chapter 3d, title 5, part 2 of the Code.—Code, § 2039. If any…
2Cases cited7 opinions
- Wyatt's Adm'r v. RamboSupreme Court of Alabama · 1857
- Hartley v. BloodgoodSupreme Court of Alabama · 1849
- Clark v. GilmerSupreme Court of Alabama · 1856
- Keiffer v. Barney Bros.Supreme Court of Alabama · 1857
- Lyon v. OdomSupreme Court of Alabama · 1857
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