Morey v. Christian

• Decision Date: 16 January 1918
• Docket Number: 7824.
• Citation: 169 P. 887,69 Okla. 63,1916 OK 996
• Parties: MOREY v. CHRISTIAN et al.
• Court: Oklahoma Supreme Court

169 P. 887

69 Okla. 63, 1916 OK 996

MOREY v. CHRISTIAN et al.

No. 7824.

Supreme Court of Oklahoma

January 16, 1918

Syllabus by the Court.

The district court has jurisdiction of an action instituted by a ward against the estate of his former guardian and the surety upon the bond of such guardian, although the guardian had not made an accounting and settlement of his affairs as such guardian with the county court prior to his death.

Commissioners' Opinion, Division No. 3. Error from Superior Court, Muskogee County; H. C. Thurman, Judge.

Suit by George Morey, an incompetent, by Walter R. Wilson, his guardian, against Dora Christian, née Morey, administratrix of the estate of William Morey, deceased, and the Southern Surety Company. Demurrer to petition sustained, and plaintiff brings error. Reversed and remanded.

Chas B. McCrory, of Okmulgee, and I H. Cox, of Henryetta, for plaintiff in error.

William T. Hutchings, of Muskogee, and Stanard, Wohl & Ennis, of Shawnee, for defendants in error.

HOOKER C.

George Morey, an incompetent, by Walter R. Wilson, his guardian instituted this suit in the superior court of Muskogee county, against Dora Christian, née Morey, administratrix of the estate of William Morey, deceased, and the Southern Surety Company, a corporation, to recover the sum of $10,000 alleged to be due the estate of the said George Morey by the estate of William Morey and the Southern Surety Company, as his surety.

It appears from the allegations of the petition that Walter R Wilson was at the time of the institution of said action guardian of George Morey, an incompetent, and that William Morey, deceased, had executed a bond with the Southern Surety Company as his surety. After his qualifications as guardian the said William Morey is alleged to have received the sum of $40,000 belonging to his ward, George Morey, of which amount he converted to his own use the sum of $10,000. Before the said George Morey arrived at the age of majority, and before any settlement was made by William Morey, as guardian of the estate of George Morey, a minor, the said William Morey died and Dora Christian, née Morey, qualified as the administratrix of his estate, and this suit was instituted by George Morey, incompetent, by Walter R. Wilson, his guardian against the administratrix of the estate of William Morey, and the surety upon the bond of William Morey, as guardian, aforesaid, to recover the money alleged to have been converted by William Morey to his own use and benefit while...