Karr's Adm'R v. Karr
| Decision Date | 28 October 1837 |
| Citation | 36 Ky. 3 |
| Court | Kentucky Court of Appeals |
| Parties | Karr's Administrator <I>vs.</I> Karr. |
Mr. Turner for plaintiff: no appearance for defendant.
FROM MADISON COUNTY COURT.
ON the 30th of August, 1824, William Karr, the second, was appointed administrator, with the will annexed, of William Karr, the first, in the room of Robert A. Sturgis, deceased. And on the 6th day of December, 1827, he was appointed the guardian of William Karr, junior, orphan of the first William Karr.
Upon the application of William Karr, junior, to the commissioners of accounts, for a settlement of the accounts of his guardian, the commissioners made a settlement, and reported the result thereof to the County Court, at their August term, 1836.
Thomas M. Karr, the administrator of William Karr, the second, deceased, with whom the settlement was made, appeared, and filed exceptions to the report. At a subsequent term, the exceptions were considered, and overruled by the Court, and the settlement and report examined and approved, and ordered to record.
Thomas M. Karr excepted to the opinion of the Court, and the whole of the vouchers and evidence being spread on the record, he has brought the case to this Court.
The act of 1834, (1 Stat. Law, 510,) after providing for the appointment of standing commissioners for the settlement of the accounts of guardians, &c. and prescribing their powers — in the second section — declares, that "they shall carefully keep and file all vouchers and "other written evidence submitted to them; and when "they hear parol proof, they shall reduce the substance "thereof to writing, and return the same with the vouchers," &c.
And the seventh section declares, that "said commissioners "shall have the right to interrogate any executor, administrator, or guardian, upon oath, in order to "to make him or them disclose any fact material to the "true and equitable settlement of their accounts, and "shall reduce the substance of their statements to writing, "and file it with the papers."
From these provisions, it is clear, that it is made the commissioners' duty to take down and preserve the substance of all parol evidence heard by them, as well as all facts disclosed by the fiduciary, and report the same, together with all written evidence and vouchers, to the County Court.
This was deemed necessary, as well to enable the County Court to revise the settlement, upon the facts reported, as to enable all persons interested, by looking into the accounts at any future period, to ascertain the evidence upon which each item had been allowed, and the entire basis upon which the whole settlement was predicated.
Though it might be competent for the County Court to hear parol or other proof against, or in support of, any item in the accounts, it would certainly be better, as a rule of practice, as well as comport better with the beneficial objects of the law, to require the substance of the evidence in all cases, sustaining each item of the account, to be taken down by the commissioners, and made to accompany the report.
In the case under consideration, the evidence reported by the commissioners is certified by the Court to be the whole evidence heard in the case. That evidence is wholly insufficient to sustain many of the charges made against the guardian.
There is no evidence proving, or conducing to prove, some five or six of the first items of charges against him, amounting to some three or four thousand dollars, and being much the largest amount of his...
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