Boyd v. Hawkins
Mississippi Supreme Court
Appeal from the Chancery Court of Choctaw County. Hon. E. W. Williamson, Chancellor. In 1868 J. E. Boyd was appointed guardian of the person and estate of W. F. Hawkins, a minor, about seven years old. In 1876 the minor ran away from the custody of his guardian, who then presented to the court a final account of his guardianship. and asked to be discharged*from his trust as guardian.
Read the full summary
Appeal from the Chancery Court of Choctaw County. Hon. E. W. Williamson, Chancellor. In 1868 J. E. Boyd was appointed guardian of the person and estate of W. F. Hawkins, a minor, about seven years old. In 1876 the minor ran away from the custody of his guardian, who then presented to the court a final account of his guardianship. and asked to be discharged*from his trust as guardian. The ward was cited, appeared in court, and made no objection to the final account; and in 1877 a decree was rendered ■closing the account and discharging the guardian. Sometime thereafter, Hawkins obtained a…
1Opinion of the CourtChalmers, J.
We must accept the finding of the chancellor as conclusive on the question of the existence or non-existence of an order allowing the guardian to exceed the income of the ward. We cannot sanction the idea, that even though the guardian had no such order, his expenditures for necessaries for the ward will be allowed him, because if those necessaries had been furnished by a stranger the price of them could have been recovered by a suit against the minor. The case of Jarrett v. Andrews, 7 Bush, 311, seems to so hold, but it strikes us as one of those hard cases which make bad precedents. The…
2Cases cited1 opinion
- Jarret v. AndrewsCourt of Appeals of Kentucky · 1870
3Cited by4 opinions
- Campbell v. ClarkSupreme Court of Arkansas · 1897
- Chapman v. PentecostMississippi Supreme Court · 1931
- Darter v. SpeirsMississippi Supreme Court · 1883
- East Greenwich Institution for Savings v. ShippeeSupreme Court of Rhode Island · 1898