Jones v. Parker

Citations

• 67 Tex. 76
• 3 S.W. 222
• 1886 Tex. LEXIS 618

Syllabus

<p>1. Recitals—Limitation—Conclusiveness op Judgment.—The recital in a judgment approving the accounts of a guardian and discharging him from the guardianship, that the ward had arrived at full age, will not, in a suit brought against the guardian by the ward to revise the final settlement, conclude him from showing that he was still a minor when the final settlement was made and the judgment rendered.</p> <p>2. Pleading—Bill op Review.—When a party interested in an estate seeks by bill of review to revise the final or other account of a guardian or administrator, the items of account complained of must be pointed out and the errors designated and set forth in the petition.</p> <p>3. Guardian and Ward.—A guardian should not be allowed credit for expenditures for the education and maintenance of the ward beyond the amount of the income of his estate, unless an order of court has been obtained authorizing the same:</p> <p>4. Witness—Statute Construed.—Article 3348 of the Revised Statutes has no application to suit brought by a ward against his former guardian to revise the final account rendered by the latter. In such a suit either party is a competent witness in regard to transactions between the gurdian and ward, as such.</p> <p>5. Contract—Estoppel—Guardian and Ward.—The declarations of a ward made to his guardian before attaining his majority that he would soon be twenty-one years old, and that he would then on final settle ment allow the guardian credit for goods purchased of the guardian, is not binding on the ward after he attains his majority, either as a contract or by way of estoppel.</p> <p>6. Guardian and Ward.—A mere verbal order from the county judge to a guardian to expend for the ward’s support the money of the estate in excess of the income can afford no protection to the guardian.</p> <p>7. Fact Case.—See this case for a statement of the items of account which might properly be allowed the guardian in a settlement with his ward.</p> <p>8. Practice—Re