Reed v. Timmins

Citations

• 52 Tex. 84

Syllabus

<p>1. Evidence.—The opinion of a witness as to the solvency of an estate is not objectionable on the ground that it is a conclusion of law or of fact.</p> <p>2. Fact CASES.—See opinion for facts which did not authorize a guardian to be charged with compound interest for money in his hands not accounted for. Whether the guardian should be chargeable with compound interest or not, is an issue more proper for the determination of the presiding- judge than for a jury.</p> <p>3. Interest.—Compound interest is allowed in stating the account of a guardian or other trustee, not with a view to punish, but to reach the profits which under the facts he has made. If he has used the trust fund in trade or in speculation, he will be held to account for the profits or for interest, at the option of the cestui que trust.</p> <p>4. Fact case—Interest.—See facts under which it was held that a guardian should he held liable for the amount uncollected at the date of compounding a claim due the estate of the ward, without allowing interest thereon.</p> <p>5. Guardian and ward—Commissions.—A guardian should be allowed commissions only on sums actually collected and paid out.</p>