Moore v. Hazelton
Massachusetts Supreme Judicial Court
Bill in equity, alleging that in October 1847 one Chamberlin was appointed by the probate court guardian of the plaintiff, then under age, and accepted and gave bonds for the discharge of his trust; that he received in cash the sum of $6000 belonging to the plaintiff, paid him the interest, but never any part of the principal, and continued to act as guardian until the plaintiff became of age, and then owed him the sum of $6000; that in June 1861 Chamberlain, as such…
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Bill in equity, alleging that in October 1847 one Chamberlin was appointed by the probate court guardian of the plaintiff, then under age, and accepted and gave bonds for the discharge of his trust; that he received in cash the sum of $6000 belonging to the plaintiff, paid him the interest, but never any part of the principal, and continued to act as guardian until the plaintiff became of age, and then owed him the sum of $6000; that in June 1861 Chamberlain, as such guardian, being then insolvent and unable to pay his debts and liabilities, knowing that the plaintiff was of age, and being…
1Opinion of the CourtGray, J.
The relation of a guardian to his ward is not that of an ordinary trustee to his cestui que trust; but the title to the property is in the ward; the trust of the guardian consists in the control and management of the ward while under age, and of the property until he discharges himself of his duty by accounting for it according to law. If he continues in the possession and management of the property after the ward has come of age witnout settling his accounts, it is in effect a continuance of the guardianship as to the property. Mellish v. Mellish, 1 Sim. & Stu. 138. Morgan v. Morgan, 1 Atk.…
2Cases cited3 opinions
- Scrugham v. WoodNew York Supreme Court · 1836
- Bunn v. WinthropNew York Court of Chancery · 1815
- Yerger v. JonesSupreme Court of the United States · 1854
3Cited by2 opinions
- Lawrence v. . EllerSupreme Court of North Carolina · 1915
- Bankers Building & Loan Ass'n v. Fleming Brothers Lumber Co.Supreme Court of Colorado · 1928