Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 70

Report of Cases Determined by the Supreme Court of Appeals of West Virginia Volume 70

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ... what personal estate Aleinda Clark owned at her death, and what disposition thereof the administrator had made, "1111 how much, if any, personal estate was in his hands as administrator available for payment of debts, and to settle the accounts of George 0. Clark as administrator, and to report and Specify what debts Alcinda Clark owed at the time of her death, and what real estate she left. The contesting parties, George 0. Clark and the guardian Morgan. appeared before the commissioner and a hearing was had, and the commissioner reported, the remainder of the funds going to the other infants to the gen eral receiver of the court. From this decree George 0. Clark appealed. The first point made against the decree is the action of the court in overruling Clark"s demurrer to the petition of guardian Morgan. The claim is that a guardian can not bring suit to recover the personal estate of his ward from his administrator, citing Burdeii v. King, 8 W. Va. 282-, holding that a guardian cannot sue to recover the distributive share of his ward in the personal estate of an ancestor, but that the suit must be in the name of the infant by his next friend. The same principle ie stated in M cM'u, lle'n, v. Blacker, 64 W. Va. 88, holding that #1 guardian cannot maintain a suit for partition or intervene therein to secure royalty oil under an oil lease as the share therein of his ward. But in the later case of Suter v. Suter, 68 W. Va690, it was held that a guardian may maintain a suit for partition in behalf of his ward. In the last case it was distinguished from the M cMullen Case, which was said to be under 8 contract. Under the latest case Morgan as guardian could, in my opinion, maintain a suit against Clark to have:1 settlement of more

Product details

  • Paperback | 318 pages
  • 189 x 246 x 17mm | 572g
  • United States
  • English
  • black & white illustrations
  • 1236858417
  • 9781236858412