Taylor v. Taylor

• Decision Date: 21 May 1892
• Citation: 19 S.W. 528
• Parties: Taylor v. Taylor.
• Court: Kentucky Court of Appeals

19 S.W. 528

Taylor v. Taylor.

Court of Appeals of Kentucky.

May 21, 1892

Appeal from chancery court, Bracken county.

"Not to be officially reported."

Action by Milton Taylor against C. W. Taylor and the sureties on his guardian bonds to set aside his county court settlements, and for an accounting. From the decree of the chancellor defendant C. W. Taylor appeals. Reversed.

LEWIS J.

August 26 and 27, 1866, Samuel Taylor and wife died, leaving three children: Eloise, 11; Milton, 8; and Everitt, 6,-years of age. And August 30, 1866, Charles W. Taylor, a brother of their father, and whose wife was a sister of their mother was appointed guardian of the infants. Samuel Taylor left little personal estate, only about $20 having been received by the guardian, but owned at his death a valuable and productive farm, of about 157 acres, worth $70 per acre, to which Charles W. Taylor removed in the spring of 1867, taking his three wards with him, and had continued possession control, and use of it for 11 years thereafter. Eloise died March, 1872, under age, and Everitt died June, 1882, being of full age; leaving Milton Taylor sole owner of the farm, and rents and profits thereof not already accounted for by the guardian. August 19, 1885, Milton Taylor instituted an action in his own right against Charles W. Taylor and the sureties on his guardian bonds, asking to have his several settlements with the county court, alleged to have been falsely made surcharged, and judgment for one third of the products of the farm received and appropriated by Charles W. Taylor during the period mentioned to his own use; and to that end he prayed the court to require him to make a full statement of all the crops grown on the farm from 1866 to 1878, inclusive, and the amount of money received by him from sales thereof. On the same day, August 19, 1885, Milton Taylor instituted against the same defendants two other actions,-one as administrator of the estate of Eloise, and the other as administrator of Everitt Taylor,-in each of which, for the same alleged cause, he asked the same relief as is prayed for in the first-mentioned action. The three actions were consolidated and tried together, and upon final hearing judgment was rendered in favor of Milton Taylor for the sum of $5,119.17, which comprises the entire amount he was adjudged by the lower court entitled to recover in the three actions.

It appears that Charles W. Taylor made a settlement as guardian of each of his three wards in 1868, 1870, 1872, and Eloise having died, he, as guardian of Milton and Everitt, made settlements in 1874 and 1878, all of which were confirmed. It further appears that September 15, 1879, a short time after arriving at the age of 21 years, Milton Taylor gave to his guardian a receipt, in which he stated a settlement had been made, and he was paid the full amount due him. In 1882, a short time after the death of his brother, he gave him another receipt, of the same purport. But, in view of the circumstances under which these receipts were executed, they do not constitute a bar to these actions, nor present any obstacle to a full and fair settlement of the transactions of Charles W. Taylor as guardian, and his counsel do not so contend. The guardian was charged by the county judge with rent of the farm during the entire period of 11 years at the rate of only $300 per year, and as a result in each recurring settlement the balance, as found and stated, was in his favor as to each of his wards. But though the aggregate of such balances amounted to a considerable sum, it does not...