Hanson v. Swenson

• Decision Date: 21 June 1899
• Docket Number: 11,656 - (178)
• Citation: 79 N.W. 598,77 Minn. 70
• Parties: EDWARD HANSON and Another v. ASLE SWENSON
• Court: Minnesota Supreme Court

79 N.W. 598

77 Minn. 70

EDWARD HANSON and Another v. ASLE SWENSON

Nos. 11,656 - (178)

Supreme Court of Minnesota

June 21, 1899

An order was made by the probate court for Houston county allowing the account of Asle Swenson, as guardian of Edward Hanson and others, minors, and the surviving wards appealed therefrom to the district court for said county.The matter was heard in the district court before Kingsley, J., who found in favor of respondent, and ordered judgment affirming the order of the probate court.From a judgment entered pursuant to the findings, appellants appealed.Affirmed.

SYLLABUS

Guardian's Account -- Laches of Wards.

Two wards failed for more than 15 years after they attained their majority to compel their guardian to render and settle his account, or turn over property alleged to be in his possession.The delay was not explained or excused.While these wards were of the respective ages of 16 and 19 years and living with their mother as members of her family, their guardian, by oral order of the probate court, in good faith turned over to the mother all the property of the wards which he had in his hands as such guardian, supposing such act was a settlement of such guardianship matter.It did not appear what became of the fund so turned over, and nothing was done on the part of the guardian or wards as to the fund until 18 years thereafter.The wards, when they arrived at full age and for 16 years thereafter, and presumably several years before they arrived at their majority, knew who was appointed their guardian, but did not have actual knowledge of the state of his accounts, although they might have ascertained the same by making inquiries therefor.The guardian, without admitting that there were any funds in his hands belonging to his wards, applied to the probate court for a settlement of his accounts 18 years after he turned the property over to the mother, when the wards appeared, and for the first time claimed that the guardian still had in his hands some of the property which he had so turned over to the mother.The wards were then more than 34 years old.Held that, irrespective of any statute of limitations, they were guilty of laches, and not entitled to enforce any claim for such fund against the guardian.

Duxbury & Duxbury, for appellants.

James O'Brien, for respondent.

OPINION

BUCK, J.

On January 28, 1868, Peter Hanson died intestate in the county of Houston, in this state, leaving, him surviving, a widow and four minor children.Two of these children died while minors, and their estate is not involved in this proceeding.Of the two surviving children, these appellants, one of them, Edward Hanson, was born September 16, 1861, and the other, Mary Carr, was born June 20, 1864.On December 4, 1871, the respondent, Asle Swenson, was duly appointed by the probate court of Houston county guardian of said minor children, and duly qualified, and entered upon the discharge of his duties, and at the same time he received as such guardian from the estate of Peter Hanson, deceased, the sum of $535 as the property of said minors, the same being their portion of the proceeds of the sale of certain land which had belonged to their father, Peter Hanson.

Thereafter Asle Swenson, as such guardian, filed certain accountings in said probate court, the last accounting having been so filed about March 16, 1880, at which accounting it appeared that he, as such guardian, had in his hands the sum of $212.19, consisting of a balance due on a promissory note originally given for $545, and bearing 7 per cent. interest per annum, made by one Swen Asleson and one Knute Halgrimson, the latter at that time being the husband of Kari, the widow of said Peter Hanson, and stepfather of said minor children, including the appellants.Immediately after said accounting, the said Asle Swenson, as such guardian, by oral direction of the said probate court, indorsed and delivered said promissory note to said Kari, the mother of said children; the said Asle Swenson then and ever since supposing that by said act he had completely and finally discharged his duty as such guardian of said children, who, from the time of his appointment as such guardian until the time of the said indorsement and delivery of said note, and until their removal from said county of Houston as hereinafter stated, lived continuously in, and were members of, the family of their mother and stepfather aforesaid.There was no testimony as to what became of the said note or proceeds, nor whether it was ever collected.

Shortly after the delivery of said note, the entire family removed from Houston county to the county of Stevens, in this state, and no one ever made any claim or demand against said Asle Swenson for any money, unless the objections of these appellants to the allowance of his final account, made in probate court in 1898, amount to such claim or demand; and none of the parties supposed that Asle Swenson was liable to these appellants in any sum whatever until they were so advised by a third person, shortly before July, 1898, on which last-named day Asle Swenson appeared in said probate court of Houston county, and filed his account, charging himself as having in hand in March, 1880, said $212.19, with interest on the same until 1882, making a total of $227.04, and credited himself with fees as guardian from 1871 to 1882 at $10 per annum and $25 fees of probate, and $92.04 paid the mother of said minors as guardian by order of the probate court; thus balancing his account.It appears that the filing of this account was a voluntary act on his part, and was not done with any intention on his part of admitting that there was, or had been since 1880, any balance in his hands belonging to the appellants.The account so filed was allowed by the probate court, and it made its order therein in the following words:

"And it appearing that the said guardian has accounted for every part of the property of said minor received by him, and the accounts of said guardian having been settled and adjusted and a summary statement of the same, as settled, allowed, and adjusted by this court, having been...