Peterson v. Willyard

51 N.W.2d 103, 235 Minn. 444, 1952 Minn. LEXIS 602
CourtSupreme Court of Minnesota
DecidedJanuary 18, 1952
DocketNo. 35,567
StatusPublished
Cited by8 cases

This text of 51 N.W.2d 103 (Peterson v. Willyard) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Peterson v. Willyard, 51 N.W.2d 103, 235 Minn. 444, 1952 Minn. LEXIS 602 (Mich. 1952).

Opinion

Thomas Gallagher, Justice.

Appeal from an order of the district court of Dodge county denying the joint motion of Cecelia Peterson, daughter of Nettie Hudson, ward in these guardianship proceedings, and of James C. Sargent, special administrator of the estate of Dr. W. T. Corwin, deceased, formerly special guardian of the estate of Nettie Hudson, for amended findings or a new trial after findings and order for judgment allowing the final account of C. L. Willyard, general guardian of the estate of Nettie Hudson, and from the judgment entered pursuant to such findings. The hearing was on appeal from an order of the probate court of Dodge county also allowing such final account.

At the time of the hearing before the Dodge county probate court on the general guardian’s final account, the claim of the special guardian for fees and expenses was in litigation in the Goodhue county courts. Notwithstanding this, the motion of the special guardian for a continuance of the probate court hearing pending determination of his claim was denied, and the general guardian’s final account was allowed on January 8, 1948, without provision for allowance of the expenses of the special guardian. Subsequently, as a result of this court’s decision in In re Guardianship of Hudson, 226 Minn. 532, 33 N. W. (2d) 848, the district court of Goodhue county, on March 12, 1949, adjudicated the amount due him and [446]*446directed the probate court of Goodhue county to settle and allow the amount specified. This was done by order of the probate court of Goodhue county dated August 20, 1949, before the present hearing in the district court of Dodge county on July 19, 1950, but subsequent to the probate court hearing there on January 8, 1948.

Prior to the hearing resulting in the order from which this appeal is taken, on motion of the general guardian, the district court of Dodge county dismissed the joint appeal of Cecelia Peterson and the special guardian from the order of the probate court of Dodge county of January 8, 1948, allowing .the final account of the general guardian, on the ground that the bond on such appeal was insufficient. Subsequently Dr. Corwin died, and a special administrator of his estate was appointed. From the order dismissing the appeal from the order of the probate court, Cecelia Peterson only appealed to this court. The order of dismissal as to her was reversed here and the case remanded for further proceedings in Dodge county. In re Guardianship of Hudson, 228 Minn. 508, 37 N. W. (2d) 742.

Subsequently, at the district court hearing in Dodge county, it was held that failure of the special guardian or his representative to appeal from the order dismissing the appeal from the order of the probate court terminated the right of the special guardian or his representative to appear in the proceedings, and the hearing was confined to the issues presented by Cecelia Peterson only.

At the district court hearing, as in probate court, the general guardian’s final account was challenged on three grounds, as follows:

(1) It had failed to include all the assets of the ward; (2) certain expenditures made by the general guardian to H. J. Edison, his attorney, for legal services rendered the ward constituted improper charges against the estate; and (3) no provision was made therein for payment of the fees and expenses of the special guardian incurred in Goodhue county, where the proceedings were first instituted. On this appeal, the same general issues are presented; and, in addition, we are asked to determine the propriety of the district court’s order, made during the proceedings, which in effect [447]*447denied the special representative of the special guardian, then deceased, the right to appear therein.

The record indicates that since the appointment of the special guardian, who received none of the assets of the ward, the following sums have come into the hands of C. L. Willyard, general guardian, and H. J. Edison, his attorney, and are included in the general guardian’s final account:

O. L. Willyard

Cash from Farmers Security State Bank of Zumbrota (derived from sale of Goodhue county farm owned by the ward) $4,883.84

Cash from sale of ward’s automobile 250.00

Cash received from sale of ward’s homestead in Pine Island 106.75

Cash advanced by H. J. Edison, attorney for the ward 50.00

Cash advanced by H. J. Edison, attorney for the ward 37.30

H. J. Edison

Cash received on down payment on sale of homestead 200.00

Cash derived from monthly payments made on contract for deed on sale of homestead 250.00

Cash from Security State Bank of Pine Island 879.46

Check on Zumbrota bank . 100.00

Cash from M. C. Edison and Hazel Edison 50.00

Cash received directly from ward 270.00

Total $7,077.35

The final account of the guardian, together with the exhibits attached thereto, indicates that the above sums were expended by the guardian and his attorney, H. J. Edison, as follows:

Expenditures by C. L. Willyard

Myrtle Babcock for care of ward $1,250.00

Cora Dahle for care of ward 285.00

Medical and drugs 99.70

[448]*448Cash, allowances made to ward and clothing purchased for ward 35.00

Bond premiums 105.00

Appraisal fees 6.00

Court costs 2.50

Expense of litigation pending 34.88

Judgment paid National Bank of Dodge county 42.72

Miscellaneous 162.52

Security Bank, Pine Island 165.00

Bank charges, Kasson State Bank 2.75

Rockne & Rockne, attorneys’ fees 290.00

O. C. Ronken, attorney’s fees 207.00
C. L. Willyard 130.00
H. J. Edison, costs 129.75
H. J. Edison, advance 37.30
H. J. Edison, fees 2,142.77

Hi J. Edison, expenses 200.00

Expenditures by H. J. Edison

Paid to Nettie Hudson, ward 927.00

Paid for court costs, recording fees, miscellaneous legal expenses 432.57

Paid for miscellaneous general expenses for ward 270.66

Bond premium 100.50

Expenditures unaccounted for 18.73

These figures show, in addition to legal expenses and counsel fees paid to outside counsel, that H. J. Edison, attorney for the general guardian, received or was paid the total sum of $2,342.77 for fees. It is this sum which is challenged by appellants as unreasonable and unnecessary and an improper charge against the assets of the ward.

It is first contended by appellants that the general guardian failed to marshal all the assets of his ward’s estate. This claim [449]*449centers principally on the sale of a Goodhue county farm formerly owned by the ward.

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Bluebook (online)
51 N.W.2d 103, 235 Minn. 444, 1952 Minn. LEXIS 602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peterson-v-willyard-minn-1952.