Tudhope v. Avery

CourtSupreme Court of Michigan
Writing for the CourtGRANT, J.
Citation63 N.W. 969,106 Mich. 149
PartiesTUDHOPE v. AVERY.
Decision Date02 July 1895

63 N.W. 969

106 Mich. 149

TUDHOPE
v.
AVERY.

Supreme Court of Michigan

July 2, 1895


Appeal from circuit court, St. Clair county, in chancery; Samuel W. Vance, Judge.

Bill by Nettie I. Tudhope against Joe W. Avery, administrator, for an accounting. From a decree dismissing the bill, plaintiff appeals. Affirmed.

[106 Mich. 150] W. M. Cline (Frank Whipple, of counsel), for appellant.

A. R. Avery and Joe W. Avery, for appellee.

GRANT, J.

After the decision in Tudhope v. Potts, 91 Mich. 490, 51 N.W. 1110, in which we held that complainant could not maintain a suit at law against the surety until an accounting was had before a proper tribunal, she instituted this suit in equity for such accounting. The case was heard in open court, and decree entered that the guardian received $775, for which she was bound to account; that the expense of clothing and maintenance of her ward was $75 per year, or which one-third was furnished by the ward's grandmother and two-thirds by the guardian; that the guardian is entitled to credit at the rate of $50 per year for such expense; [63 N.W. 970.] that annual rests be made, charging interest at 7 per cent. per annum until the guardian's death in 1886, and 4 per cent. after that, on account of the benefit accruing to the ward from the occupation of the premises; that she had received $542 from the estate of her guardian; that upon this basis the entire trust fund was exhausted, the complainant in debt to her guardian's estate, and that therefore her bill be dismissed.

We think the decree is fully justified by the proofs, which it would be profitless to state in this opinion. This is one of those cases where the guardian kept no account, and was not called upon by the probate court, as she should have been, to render annual accounts. But the [106 Mich. 151] guardian acted in good faith, and $50 per year was a just and reasonable allowance. Decree affirmed, with costs. The other justices concurred.

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4 practice notes
  • Laramie National Bank v. Steinhoff
    • United States
    • United States State Supreme Court of Wyoming
    • June 1, 1898
    ...Where a defendant in a contempt proceeding is found not guilty, there is no right of appeal in the complaining party. (Rasch v. Shepard, 63 N.W. 969; Montgomery v. Booming Co., 62 id., 561; Schab v. Coots, 44 Mich. 463; Brown v. Brown, 29 S.W. 318; Craig v. McCallogh, 20 W.Va. 148.) As the ......
  • Benson v. Benson, No. 41082.
    • United States
    • United States State Supreme Court of Iowa
    • November 24, 1931
    ...v. Tilton, 14 Wyo. 101, 82 P. 577 (local citation 581). See also Bateman v. Eschweiler, 202 Iowa, 259, 209 N. W. 273;Tudhope v. Avery, 106 Mich. 149, 63 N. W. 969;La Follette v. Higgins, 129 Ind. 412, 28 N. E. 768. In cases of this kind, the burden of proof, of course, is upon the guardian.......
  • Benson v. Benson, 41082
    • United States
    • United States State Supreme Court of Iowa
    • November 24, 1931
    ...(Wyo.) 14 Wyo. 101, 82 P. 577 (local citation, 581). See also In re Estate of Eschweiler, 202 Iowa 259, 209 N.W. 273; Tudhope v. Avery, 106 Mich. 149, 63 N.W. 969 (Mich.); LaFollette v. Higgins, 28 N.E. 768 (Ind.). In cases of this kind, the burden of proof, of course, is upon the guardian.......
  • Rasch v. Sheppard
    • United States
    • Supreme Court of Michigan
    • July 2, 1895
    ...of, any debts or demands due to said Alfred E. Sheppard, *** or of any real or personal estate, goods, wares, merchandise, account books, [63 N.W. 969.] bills, drafts, checks, moneys, stocks, promissory notes, bonds, mortgages, judgments, or other securities, things in action, property, or ......
4 cases
  • Laramie National Bank v. Steinhoff
    • United States
    • United States State Supreme Court of Wyoming
    • June 1, 1898
    ...Where a defendant in a contempt proceeding is found not guilty, there is no right of appeal in the complaining party. (Rasch v. Shepard, 63 N.W. 969; Montgomery v. Booming Co., 62 id., 561; Schab v. Coots, 44 Mich. 463; Brown v. Brown, 29 S.W. 318; Craig v. McCallogh, 20 W.Va. 148.) As the ......
  • Benson v. Benson, No. 41082.
    • United States
    • United States State Supreme Court of Iowa
    • November 24, 1931
    ...v. Tilton, 14 Wyo. 101, 82 P. 577 (local citation 581). See also Bateman v. Eschweiler, 202 Iowa, 259, 209 N. W. 273;Tudhope v. Avery, 106 Mich. 149, 63 N. W. 969;La Follette v. Higgins, 129 Ind. 412, 28 N. E. 768. In cases of this kind, the burden of proof, of course, is upon the guardian.......
  • Benson v. Benson, 41082
    • United States
    • United States State Supreme Court of Iowa
    • November 24, 1931
    ...(Wyo.) 14 Wyo. 101, 82 P. 577 (local citation, 581). See also In re Estate of Eschweiler, 202 Iowa 259, 209 N.W. 273; Tudhope v. Avery, 106 Mich. 149, 63 N.W. 969 (Mich.); LaFollette v. Higgins, 28 N.E. 768 (Ind.). In cases of this kind, the burden of proof, of course, is upon the guardian.......
  • Rasch v. Sheppard
    • United States
    • Supreme Court of Michigan
    • July 2, 1895
    ...of, any debts or demands due to said Alfred E. Sheppard, *** or of any real or personal estate, goods, wares, merchandise, account books, [63 N.W. 969.] bills, drafts, checks, moneys, stocks, promissory notes, bonds, mortgages, judgments, or other securities, things in action, property, or ......

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