Jefferson v. Glover

Citations

• 46 Miss. 510

Syllabus

<p>1. GUARDIAN — LIABLE HEBE BOB A BALANCE DUE WARD IN ANOTHER STATE, IE HE OBTAIN LETTERS OE GUARDIANSHIP HERE, AND REPORTS TO THE COURT HERE THE BALANCE DUE PROM HIM IN THE OTHER STATE — CASE IN JUDGMENT.— G. was guardian in Tennessee, and, in 1861, made a settlement with the county court in Tennessee, by which he was brought in debt $14,408 72 to his ward. In January, 1861, G-. obtained letters of guardianship for said minor in Bolivar county, in this state, and filed a transcript of this proceeding in the county court in Tennessee, and thereupon obtained an order of that court for the removal of the property of his ward to Mississippi. At the July term, 1868, of the probate court of Bolivar county, G. propounded a final settlement of his account as guardian, in which he charged himself with $14,408 72, as above. The account was excepted to by the ward on some grounds, and, pending the trial of these exceptions, G. moved to strike from the debits of his account the item of $14,408 72, which was allowed by the probate court: Held, to be error.</p> <p>2. Same — liability op guardian eor interest. — A guardian cannot be required to pay interest on balances on his account, unless he has consented to take the same on interest, or has loaned out the money at interest, with consent of the court, or used it in his own business, or otherwise made profit.</p> <p>3. Same — same — case cited,— The case of Crump v. Gerock et ux., 40 Miss. 768, cited as applicable to this on the question of liability of guardian for interest.</p> <p>4. Same — liability op guardian por hire op slaves op his ward.— Where a guardian retained to his own use the slaves of his ward, under an order of the probate court, at an assessed value, as provided by statute, for the year 1861, and, without any application to the court, continued to keep and use the slaves in 1862, he is liable for their hire.</p>