Dearborn v. Batten
Supreme Court of New Hampshire
Probate Appeal. In December, 1884, the defendant was guardian of John H. Gregg, an insane person. At that time Gregg’s sister and others made a petition to the probate court for his removal on the ground of mismanagement, incompetency, and hostile relations existing between him and his ward. Upon that petition there was a hearing before the probate court, the defendant employing and paying counsel, and having present and paying about twenty witnesses.
Read the full summary
Probate Appeal. In December, 1884, the defendant was guardian of John H. Gregg, an insane person. At that time Gregg’s sister and others made a petition to the probate court for his removal on the ground of mismanagement, incompetency, and hostile relations existing between him and his ward. Upon that petition there was a hearing before the probate court, the defendant employing and paying counsel, and having present and paying about twenty witnesses. Alter the evidence was closed, the judge remarked that he did not think the charges of mismanagement and incompetency were sustained; but owing…
1Opinion of the CourtBingham, J.
The recovery of the reasonable expenses of a guardian, incurred in resisting an application by the ward for his removal, does not depend upon the result, and may be had, though the question raised was doubtful. The substantial inquiries in such a case are, whether the guardian proceeded in good faith, and exercised a sound discretion. Palmer v. Palmer, 38 N. H. 418, 420; Mathes v. Bennett, 21 N. H. 204; Smith v. Bean, 8 N. H. 15, 18.
Such expenditures as are not made in good faith and in the exercise of a sound discretion are not “ reasonable,” within the meaning of that word as used in…
2Cited by3 opinions
- Webster & Moorefield v. City Nat. Bk.District Court of Appeal of Florida · 1984
- Nelson v. RedfieldWashington Supreme Court · 1943
- In re Caesars Entertainment Operating Co.United States Bankruptcy Court, N.D. Illinois · 2016