Jessup v. Jessup

• Decision Date: 11 March 1897
• Docket Number: 2,089
• Citation: 46 N.E. 550,17 Ind.App. 177
• Parties: JESSUP v. JESSUP, ADMINISTRATOR
• Court: Indiana Appellate Court

46 N.E. 550

17 Ind.App. 177

JESSUP v. JESSUP, ADMINISTRATOR

No. 2,089

Court of Appeals of Indiana

March 11, 1897

From the Greene Circuit Court.

Affirmed.

I. H Fowler and W. A. Pickens, for appellant.

Emerson Short, for appellee.

OPINION

WILEY, J.

Appellee was administrator of the estate of John W. Jessup deceased, by virtue of an appointment by the Greene Circuit Court.September 2d, 1895, he filed his report in final settlement.The same was endorsed for hearing at a time fixed, and notice given.Appellant appeared and filed exceptions to the report, and also to preceding reports filed by him.The report and the exceptions were submitted to the court for determination, and at the request of appellant, the court made a special finding of facts, and stated its conclusions of law thereon.In so far as the facts found by the court are necessary for the decision of this case, we quote, in brief, from the special findings, as follows:

1.That in 1877, the decedent, John W. Jessup, was a resident of Greene county, Indiana, 30 years of age, and owned an estate of the probable value of fifteen thousand dollars, and that he was insane and incapable of managing his own estate.

2.That at the September term of the Greene Circuit Court, 1877, a complaint was filed, charging that the said Jessup was insane and incapable of managing his own estate; that the clerk of said court filed an answer in general denial, and upon trial it was adjudged that said decedent was of unsound mind, and incapable of managing his own estate, but that said proceedings were without the issuing, or service of any process or notice on the said Jessup, and that he was not personally present in court.

3.That the court thereupon appointed one Wilbur A. Hayes, guardian of said Jessup as an insane person, who filed his bond, qualified, took upon himself the execution of said trust and filed an inventory thereof, showing the value of said estate to be $ 11,765.41.

4.That he took possession of all of said estate and continued in said trust until January 26, 1888, when he filed his final report and resigned his said guardianship; that said report was approved and the guardian discharged.

5.That during said time said Hayes served as such guardian he made disbursements aggregating $ 2,402.42; that he returned to his said ward, or to the court in trust for the said ward, property, notes, cash, etc., aggregating $ 9,362.99, thereby accounting for the estate which came into his hands the entire amount of $ 11,765.41.

6.That about January 1, 1888, while said trust was under the management of said Hayes, said John W. Jessup had an apparent lucid interval; that he took charge of his estate, including a store at Winslow, Indiana, and managed his business with fair prudence until May 1, 1888, when he was taken in charge and lawfully placed in the hospital for the insane, where he remained until September 26, 1889, when he was thought to be in a dangerous condition and was taken to the home of his mother at Worthington, Indiana.

7.That during the apparent lucid interval mentioned in the last preceding finding, he married the exceptor, Ella Jessup, January 10, 1888; that she had no knowledge of his mental condition, or that any one had ever acted or assumed to act as his guardian; that they were lawfully married and that he died May 22, 1893, without issue of his body, leaving as his sole heirs his wife, Ella Jessup, the exceptor, and his mother, Charlotte Jessup.

8.That on May 1, 1889, the Greene Circuit Court appointed one J. O. Burbank as guardian of decedent, as successor of said Hayes; that he inventoried said estate and by said inventory the personal assets of said estate were valued at $ 6,638.62; that the same was a full and fair statement thereof; that he gave bond and entered upon his duties and so acted until May 21, 1890, when he made his final report, resigned his said trust and was discharged therefrom.

9.That during the time he was, and acted as guardian he made expenditures aggregating $ 6,638.62, including a deficit in the sale of the stock of goods of $ 684.98; including, also, amount returned to the clerk for the benefit of the ward, $ 4,264.72, accounts and cash returned to the clerk, $ 266.32.

10.That on May 20, 1890, the court appointed Fred L. Jessup, a brother of decedent, as guardian to succeed the said Burbank; that he filed his bond, was qualified, and entered upon the discharge of his trust and continued to act until May 22, 1893, when said ward died.

11.That said last named guardian filed his inventory of said estate showing its value to be $ 6,191.27, and that it was a full and fair statement and valuation of the personal estate of said Jessup.

12.That the said Ella Jessup, in August, 1895, commenced a proceeding in the Greene Circuit Court against John W. Jessup, Charlotte Jessup and Fred L. Jessup to set aside and vacate the order and judgment of the said court in declaring the said Jessup to be of unsound mind and appointing a guardian therefor, and upon a trial of said cause the finding and judgment of said court was against the said Ella Jessup, and that she appealed from said judgment so entered against her to the Appellate Court, which said court reversed the said judgment and finding of the Greene Circuit Court and declared that the original judgment appointing a guardian for the said Jessup as an insane person was void and without effect, for the reason that no process or notice had been issued or served upon him, and he was not present in court at the time said judgment was rendered.

13.That said Fred L. Jessup, while acting as such guardian, made expenditures for and on account of said estate aggregating $ 1,881.49, which left a balance in his hands as such guardian of $ 4,309.78.

14.That all the doings of each of said guardians, Hayes, Burbank and Jessup, were done by each of them in a fair and prudent manner, in good faith, and under the belief that their said appointments by the Greene Circuit Court were regular and lawful, and that all their reports as such guardians to the Greene Circuit Court were by said court in all things approved, prior to the said decision of the Appellate Court and subsequent trial mentioned in the preceding finding.

15.That the several sums expended by said guardians, as shown by their respective reports, and by the findings herein, for merchandise, bills, purchase money on real estate, clothing and comforts for said John W. Jessup, and the payment to one Cockerly for services rendered said estate, for taxes, insurance, repairs of real estate, etc., so far as previously contracted by said John W. Jessup, were his valid obligations and that those not so contracted, but which were paid by said guardians, were reasonable charges for the matters for which they were expended, and the expenditures made by said guardians for insurance and repairs to real estate, were reasonably necessary for the preservation of the property of said John W. Jessup.

16.That the sums expended by said several guardians in the management of the business and estate of said John W. Jessup for his board and keeping, care, costs, attorney's fees and guardians' fees and expenses were reasonable charges for such services.

17.That the items of money paid by said several guardians to the said John W. Jessup were needed by said John W. Jessup and paid under proper and prudent circumstances.

18.That the said John W. Jessup died in Greene county, Indiana, May 22, 1893, intestate, and on May 26, 1893, the said Fred L. Jessup was, by the Greene Circuit Court, duly appointed and qualified as administrator of the estate of John W. Jessup, and took upon himself the discharge of the duties of said administration; that as such administrator he charged himself with the balance in his hands, upon filing his said final report as guardian, in the sum of $ 4,309.78, and inventoried other personal property in the sum of $ 50.00, which two sums then comprised all his personal estate.

19.That at the time said John W. Jessup was taken from the insane hospital to the home of his mother, his said wife, Ella Jessup, asked and demanded of the said Burbank, who was then acting as his guardian, and also of the said Charlotte Jessup, that she be allowed to nurse, care and keep him, which was by them refused, and that the said Ella Jessup was then able and willing and ready to so nurse, care and keep said John W. Jessup; that after the appointment of the said Fred L. Jessup as guardian, as aforesaid, the said Ella Jessup was still able, ready and willing to nurse, care and keep said John W. Jessup, and then made a like request and demand of the said Fred L. Jessup, and also of the said Charlotte Jessup, which was by them refused.

20.That the said Fred L. Jessup, as such guardian, made a contract with the said Charlotte Jessup to nurse, care and keep the said John W. Jessup for hire; that under said contract the said Charlotte Jessup did nurse, care for and keep the said John W. Jessup to the date of his death, and received pay for the same from the said Fred L. Jessup, as administrator, in the sum of $ 477.00, which was a reasonable charge for the services rendered, and was paid on claim filed by said Charlotte Jessup in the Greene Circuit Court, and allowed by the said court.

21.That said Fred L. Jessup at the time of his appointment charged himself with the sum of $ 4,359.78, and that he subsequently charged himself with an additional sum...