Jacobson v. Anderson

• Decision Date: 02 June 1898
• Citation: 72 Minn. 426,75 N.W. 607
• Parties: JACOBSON v ANDERSON ET AL.
• Court: Minnesota Supreme Court

72 Minn. 426

75 N.W. 607

JACOBSONvANDERSON ET AL.

Supreme Court of Minnesota.

June 2, 1898.

(Syllabus by the Court.)

1. At the expiration of a guardian's trust, the estate, moneys, and effects remaining in his hands upon the settlement of his accounts with the probate court cannot be by him paid and delivered over to such court, so as to exonerate him or the sureties on his bond from their being paid and delivered to the person lawfully entitled thereto. The probate judge is not such person.

2. If a surety stipulates for any particular method by which the liability of his principal or himself shall be fixed, he is bound by it. Held, that the sureties on the guardian's bond in this action were concluded by the order of the probate court entered against him, finding the amount of money in his hands upon his settlement of his accounts as such guardian, and that it was due from him to the persons lawfully entitled thereto.

Appeal from the district court, Polk county; Frank Ives, judge.

Action by Thora Carolina Jacobson, by her guardian, Mathilda Wilson, against A. G. Anderson and others. Finding for defendants. From an order denying a new trial, plaintiff appeals. Reversed.

A. R. Holston, for appellant.

Ole J. Vaule, for respondents.

BUCK, J.

This action was brought in the district court of Polk county to recover a certain sum which the probate court of that county had found to be due from plaintiff's former guardian, C. Saugstad. The action is brought by plaintiff's present guardian against Saugstad's bondsmen, upon the ground that he did not account for and pay over moneys which he had in his hands as such guardian. The probate court authorized the bringing of this action by the present guardian. It appears that on the 16th day of April, 1890, the probate court of Polk county appointed C. Saugstad guardian of the person and estate of Thora C. Jacobson, a minor. Thereafter, on the 10th day of November, 1893, Saugstad, as such guardian, gave a bond in due form in the sum of $1,000, with the defendants Anderson and Olson as sureties, the conditions and obligations of which were as follows: “The condition of this obligation is such that if the above-bounden Christian Saugstad, in the capacity of guardian, shall and will faithfully, in all things, execute the duties of his trust, as guardian of the persons and estates of Elsey P. and Thora C. Jacobson, minors, according to law; and shall make a true inventory of all the estate, real and personal, of his said wards that shall come to his possession or knowledge, and shall return the same into the probate court of the proper county, within three months; and shall dispose of and manage all such estate according to law, and for the best interest of the said wards; and shall faithfully discharge his trust in relation thereto, and also in relation to the custody, education, and maintenance of his said wards; and shall render an account on oath of the property, estate, and moneys of the said wards in his hands, and all proceeds or interest derived therefrom, and of the management and disposition of the same, within one year after his appointment as such guardian, and at such other times as the probate court shall direct; and shall, at the expiration of his trust, settle his account with the probate court, and pay over and deliver all the estate, moneys, and effects remaining in his hands, or due from him on such settlement, to the person or persons who shall be lawfully entitled thereto,-then this obligation shall be void; otherwise, to remain in full force and virtue. C. Saugstad. [Seal.] A. G. Anderson. [Seal.] N. K. Olson. [Seal.] Signed, sealed, and delivered in presence of C. M. Benson.” It also appears to be conceded that Saugstad permanently removed from the county of Polk and state of Minnesota in the spring of 1895, and settled at Bella Coula, in British Columbia. The record shows that the present guardian, who brought this action for her ward Thora Carolina Jacobson, was appointed such guardian on the 4th day of November, 1895, by the probate court of said county of Polk, but that Saugstad was not formally discharged as such guardian until the 19th day of February, 1896, at which time he settled his account, and admitted a balance due his ward of $265.51. Subsequently, the present guardian, Mathilda Wilson, assuming that such settlement was illegal, and that no notice of the time and place of the examination of said account was fixed by the probate court, and no notice thereof given to the ward and persons interested (although the order discharging him recites that due notice was given and served), petitioned that a citation be issued out of...