Jessup v. Jessup
| Citation | 46 N.E. 550,17 Ind.App. 177 |
| Parties | JESSUP v. JESSUP. |
| Decision Date | 11 March 1897 |
| Court | Court of Appeals of Indiana |
OPINION TEXT STARTS HERE
Appeal from circuit court, Greene county; W. W. Moffett, Judge.
Judicial settlement of the final account of Frederick L. Jessup, as administrator of the estate of John W. Jessup, deceased. Ella Jessup filed exceptions to such report and to preceding reports filed by such administrator. From an order settling the estate, and discharging the administrator, Ella Jessup appeals. Affirmed.
Fowler & Pickens, for appellant. Emerson Short, for appellee.
Appellee was administrator of the estate of John W. Jessup, deceased, by virtue of an appointment by the Greene circuit court. September 2, 1895, he filed his report in final settlement. The same was indorsed 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, Ind., 30 years of age, and owned an estate of the probable value of $15,000, 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 estates, 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, Ind., 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, Ind.
(7) That during the apparent lucid interval mentioned in the last preceding finding, he married the exceptor, Ella Jessup, January 10, 1889. 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 beirs his wife, Ella Jessup, the exceptor, and his mother, Charlotte Jessup.
(8) That on May 1, 1889, the Greene circuitcourt 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 (34 N. E. 1017), 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 the said John W. Jessup for his board and keeping, care, costs, attorneys' 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, Ind., 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, 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....
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