Fielder v. Harbison
Court of Appeals of Kentucky
Case 86 — PETITION EQUITY APPEALS PROM LOUISVILLE CHANCERY COURT. 1. While the general rule is that the person surcharging and falsifying an account, settled either inter partes or settled in the county court, must specify the items of his complaint, yet that rule'is not. applicable to a case like this one, where the complaint is that the-aggregate of the guardian’s expenditures, when the ward’s age and, condition are considered, was grossly extravagant. 3. As to the law of…
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Case 86 — PETITION EQUITY APPEALS PROM LOUISVILLE CHANCERY COURT. 1. While the general rule is that the person surcharging and falsifying an account, settled either inter partes or settled in the county court, must specify the items of his complaint, yet that rule'is not. applicable to a case like this one, where the complaint is that the-aggregate of the guardian’s expenditures, when the ward’s age and, condition are considered, was grossly extravagant. 3. As to the law of the case upon the question of expenditures in. excess of income, see Ohapline v. Moore, 7 Mon., 170; Withers v. Hickman,…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The appellee, J. J. Harbison, was appointed the statutory guardian of Myra and Bettie Fielder in the year 1864. Myra became of age in June of the year 1876, and in September, 1877, a final settlement of her accounts was made, and approved in March, 1878. On the 9th of May, 1880, Bettie became of age, and shortly after her arrival at age, viz., on the 14th of March, 1881, the guardian made a settlement of her accounts. The settlement of Myra’s accounts was with the court; that of Bettie was made out of court, and a receipt executed acquitting the *486ap…
2Cases cited4 opinions
- Cheever v. CongdonMichigan Supreme Court · 1876
- Hardin's adm'r v. TaylorCourt of Appeals of Kentucky · 1880
- Clay v. ClayCourt of Appeals of Kentucky · 1861
- Brewer v. Vanarsdale's HeirsCourt of Appeals of Kentucky · 1838
3Cited by7 opinions
- Harrison v. HarrisonNew Mexico Supreme Court · 1916
- Watson v. WatsonCourt of Appeals of Kentucky · 1919
- Wren's Exr. v. Wren's Extx.Court of Appeals of Kentucky · 1907
- Commonwealth ex rel. Lee v. LeeCourt of Appeals of Kentucky · 1905
- In re Cuffe's EstateMontana Supreme Court · 1922
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