In re Estate of Mehner

Hamilton County Probate Court

In re Estate of Mehner

1 Goebel 212

DecidedApril 22, 1889

StatusPublished

This text of 1 Goebel 212 (In re Estate of Mehner) is published on Counsel Stack Legal Research, covering Hamilton County Probate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Estate of Mehner, 1 Goebel 212 (Ohio Super. Ct. 1889).

Pincite

Opinion

Goebel, J.

ist. Where an administratrix obtains a receipt from the guardian for the distributive share of a minor in his father’s estate, without the payment of the amount stipulated therein, and files the same in the Probate Court for the purpose of closing up said estate, such guardian will not be precluded on exceptions to his account, when it is sought to charge him with the amount for which he gave the receipt, from showing the circumstances under which such receipt was given, and that he in fact had not received''such sum.

2nd. To charge such guardian and his sureties, it must appear that by the failure and neglect of the guardian to collect such sum, the same was lost to the minor.

3d. There being no evidence that the guardian received said sum, or that the same was lost to the minor by the failure and neglect of the guardian to collect the same, he can not be charged with such sum.

Free access — add to your briefcase to read the full text and ask questions with AI

Goebel, J.

ist. Where an administratrix obtains a receipt from the guardian for the distributive share of a minor in his father’s estate, without the payment of the amount stipulated therein, and files the same in the Probate Court for the purpose of closing up said estate, such guardian will not be precluded on exceptions to his account, when it is sought to charge him with the amount for which he gave the receipt, from showing the circumstances under which such receipt was given, and that he in fact had not received''such sum.

2nd. To charge such guardian and his sureties, it must appear that by the failure and neglect of the guardian to collect such sum, the same was lost to the minor.

3d. There being no evidence that the guardian received said sum, or that the same was lost to the minor by the failure and neglect of the guardian to collect the same, he can not be charged with such sum.

Cite This Page — Counsel Stack

Bluebook (online)

1 Goebel 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-mehner-ohprobcthamilto-1889.