In re Wilson's Guardianship
| Decision Date | 04 November 1948 |
| Docket Number | 7449 |
| Citation | 68 Idaho 486,199 P.2d 261 |
| Court | Idaho Supreme Court |
| Parties | In re WILSON'S GUARDIANSHIP |
Appeal from District Court, Ninth Judicial District, Bonneville County; C. J. Taylor, Judge.
Judgment of District Court reversed, and cause remanded to the probate court for further proceedings in conformity with opinion.
Alvin Denman, of Idaho Falls, for appellant.
It is the duty of the father to support his minor child even when the minor child has estate of his own. 20 R.C.L. 622; 12 R.C.L. 1158; 46 C.J. 1275; 17-1901 I.C.A.; 13 Cal.Jur. 195; 20 Cal.Jur. 415; Presley v. Davis, 7 Rich.Eq., S.C., 105, 62 Am.Dec. 396, 400; Mabbett v. Mabbett, 34 Idaho 611 616, 202 P. 1057.
Where the parent is able to support his minor child, it is the guardian's duty to require the parent to support such minor. 39 C.J.S., Guardian and Ward, § 62, p. 105; 12 R.C.L. 1155; Butler v. Legro, 62 N.H. 350, 13 Am.St.Rep. 573, 574.
It is court's duty to reject any improper item in guardian's account even where no objections have been interposed. Short v. Thompson, 56 Idaho 361, 374, 55 P.2d 163.
When a guardian's account is properly challenged, the burden of proving the truth of the item or reasonableness of any credit thus objected to devolves upon the guardian. In re Roach's Estate, 50 Or. 179, 92 P. 118, 124; In re Carlson's Guardianship, 162 Wash. 20, 297 P. 764 767; Nonnast v. Northern Trust Co., 379 Ill. 248, 29 N.E.2d 251, 259.
Wm. P Hemminger, of Rigby, for respondent.
Where expenditures from principal have been made without the previous authority of the court, the expenditures will be allowed as credits to the guardian upon a showing that such expenditures were necessary. 15-1822, Idaho Code Annotated; 39 C.J.S., Guardian and Ward, § 62, pp. 95, 96; 25 American Jurisprudence, Page 46, Section 70; 12 Ruling Case Law, Page 1158, Section 49; 28 Corpus Juris, Page 1115, Section 186; Cutting v. Scherzinger, et al., 40 Or. 353, 68 P. 393; In Re Boyes' Estate, 151 Cal. 143, 90 P. 454.
Holden, Justice. Givens, C. J., Hyatt, J., and Baker, D. J., concur. Miller, J., sat at the hearing but did not participate in the decision.
May 26, 1942, letters of guardianship were issued out of the probate court of Bonneville county, appointing Wanie Wilson guardian of the person and estate of Donna Marcene Wilson, a minor. On the same day a bond was given in the usual form and filed. Wanie Wilson thereupon qualified and entered upon the discharge of her duties as such guardian.
It appears from the record the sole estate of the minor, Donna Marcene Wilson, consisted of the proceeds of a New York Life Insurance policy on the life of Virginia Wilson, the deceased mother of said minor, and that such proceeds amounted to the sum of $ 1020.49, $ 120.49 in cash and the balance, $ 900.00, in four instalment certificates issued by said New York Life Insurance Company, payable in monthly instalments of $ 15.00 each, the proceeds of such life insurance policy being paid by said New York Life Insurance Company to, and received by, the said Wanie Wilson, following her appointment as such guardian.
June 12, 1942, on the application of the guardian, the probate court "Ordered that there be allowed to said Guardian for the care and maintenance of said minor Donna Marcene Wilson, and payable out of the estate of said minor, the monthly sum of Fifteen Dollars per month, commencing with the 1st day of April, 1942, and each month thereafter until the further order of the Court". Thereafter, and prior to her resignation, guardian Wilson expended for the support of the minor the sum of $ 830.49 out of the funds of the minor's estate.
May 11, 1946, guardian Wilson rendered and filed a final account praying the same be settled and approved. July 8, 1946, she filed her resignation. August 2, 1946, letters of guardianship were issued to John A. Ferebauer who, on the same day, gave bond and qualified in the manner and form as provided by statute and thereupon entered upon the discharge of his duties as guardian of the person and estate of the said minor. Thereafter, August 13, 1946, the said John A. Ferebauer, as such guardian, filed exceptions in writing to the said final report and account of the said Wanie Wilson, one of the exceptions to the said final account being that during the period covered thereby the father of the said minor, Morris D. Wilson, had furnished said Wanie Wilson with sufficient money for the care and support of the said minor.
October 17, 1947, the said final report and account was heard. October 22, 1947, the said exceptions to said final report and account were, by order and decree of said probate court, overruled and denied. Thereafter, to-wit, October 31, 1947, John A. Ferebauer, guardian as aforesaid, as such guardian, appealed from the said order and decree of the probate court to the district court of the ninth judicial district, for Bonneville county, the appeal being taken on questions of law alone. The appeal was heard in said district court December 2, 1947. January 9, 1948, the said order and decree of the probate court denying and overruling said exceptions and approving and allowing the said final account, was affirmed by the said district court as follows:
"And after argument by counsel for the respective parties, and the court being fully advised in the premises, it is the judgment of this court that said order of the Probate Court of Bonneville County, Idaho, made and entered October 22, 1947, overruling said exceptions, and allowing the said account, be, and the same is hereby affirmed this January 9, 1948."
March 2, 1948, guardian Ferebauer prosecuted an appeal from the judgment of the said district court to this court.
Two errors are assigned, to-wit: That the district court erred:
1. "In affirming the probate court's order overruling Ferebauer's exceptions to the Wanie Wilson report."
2. "In failing to require Wanie Wilson to pay to the present guardian the $ 15.00 a month which she used for the support of her ward during the period the ward's father was sending Wanie Wilson money aggregating $ 1200.00."
It appears from the order and decree of the probate court rendered and entered October...
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State, Dept. of Health & Welfare v. Housel
...to support his or her minor children. Nielsen v. Nielsen, 93 Idaho 419, 424, 462 P.2d 512, 517 (1969) (citing In re Wilson's Guardianship, 68 Idaho 486, 199 P.2d 261 (1948)). The issue in this case is the scope of the Department's authority to enforce this duty against parents who are marri......
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Morrison v. Young
...also establishes clear precedent regarding the obligation of parents to support their minor children. See In re Wilson's Guardianship, 68 Idaho 486, 486, 199 P.2d 261, 264 (1948). In Petty v. Petty, 66 Idaho 717, 168 P.2d 818 (1946), the Court found the statutory obligation of a father to s......
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Nielsen v. Nielsen
...is, of course, well settled here, as everywhere, that it is the duty of a parent to support his minor children. In Re Wilson's Guardianship, 68 Idaho 486, 199 P.2d 261 (1948). We reaffirm and reassert most emphatically the above enunciated rule of law and point out that it is only under the......
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State v. Housel, Docket No. 28652 (Idaho 4/28/2004), Docket No. 28652.
...to support his or her minor children. Nielsen v. Nielsen, 93 Idaho 419, 424, 462 P.2d 512, 517 (1969) (citing In re Wilson's Guardianship, 68 Idaho 486, 199 P.2d 261 (1948)). The issue in this case is the scope of the Department's authority to enforce this duty against parents who are marri......