Taylor v. Taylor

• Decision Date: 01 February 1894
• Citation: 25 S.W. 107
• Parties: TAYLOR v. TAYLOR.
• Court: Kentucky Court of Appeals

25 S.W. 107

TAYLOR v. TAYLOR.

Court of Appeals of Kentucky.

February 1, 1894

Appeal from circuit court, Bracken county.

"Not to be officially reported."

Action by Milton Taylor against C. W. Taylor, his guardian, to surcharge settlements made by defendant. From a judgment for plaintiff, defendant appeals. Modified.

For prior report, see 19 S.W. 528.

J. Q. Ward and J. R. Minor, for appellant.

Wm. H. Holt and Geo. Doniphan, for appellee.

PRYOR, J.

The original action was to surcharge the county court settlements made by the appellant. There was no complaint made that he had not been charged rent for the number of years he had cultivated the land of his wards, but it was insisted that the rent per year was inadequate. This court nearly doubled the amount of rent that had been charged, and intimated plainly it was for 11 years. The guardian had, in fact, been in possession 11 years and 6 months, and, from his testimony, had cultivated the land for 11 years. Besides, as said in the former opinion, the land was left in as good or better condition after the expiration of the 11 years than when the guardian took possession of it. His charges against his wards, for which he was entitled to credit, were less in value than he was entitled to, and he made no charge for his services as guardian in his county court settlements. Looking to this condition of the accounts between the guardian and his wards, and the manner in which he had cared for the property, the chancellor, as well as this court, would not be so exact as to time in charging for the use of these premises belonging to the appellee; and, as clearly indicating the purposes of this court, the petition for a modification of the opinion so as to enable the appellee to recover for a longer time, or to make the opinion more explicit, was overruled. The judgment is therefore reversed to the extent, only, that one year's rent was improperly charged. With this error corrected, the chancellor will render judgment for the balance.