Calnan v. Savidge

Citations

• 68 Kan. 620
• 75 P. 1010
• 1904 Kan. LEXIS 152

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Executors and Administrators — Exceptions to Annual Settlement — Appeal■—Burden of Proof. Where exceptions have been taken to items in an annual settlement of an administrator’s account after they had been allowed by the probate judge, and the probate court adheres to its former ruling, and the party excepting appeals to the district court, the allowance of the probate court is prima facie correct, and the burden of showing its incorrectness is upon the party who appeals.</p> <p>2.- Purchase of Necessities for Minors Having no Guardian. An administrator who in good faith pays money for the purchase of necessities for the support of helpless minor children of the intestate at a time when they have no guardian, the purchases being such as a guardian would have made if one had been appointed, cannot be made to respond again in an action by a guardian thereafter appointed.</p> <p>3. -Liable to Heirs for Money or Property Lost to Estate. An administrator is liable to the heirs of the deceased for money or other property that came into his hands which, through his act or omission, has been lost to the estate.</p>