Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-06-26
ASHTON-THOMPSON.
Decision of Judge SimOns Requiring an
Accounting by the Defendant.

Decision of Judge SimOns Requiring an
Accounting by the Defendant.
voluminous decision was rendered by Judge
Simons yesterday in the case of Katie Thomp-
son Ashton against Susan l.. and Horace
Thompson. The action was brought for an
accounting as guardians, and the case was tried
last November. The court finds for plaintiff,
and orders an accounting by Susan l.. Tnomp-
son, and the case is dismissed as to defendent
Horace Thompson.
After reviewing the case at length the court
lays down the following conclusions of law:
First-The said final settlement and accounting OF
the defendants as guardians of the plaintiff in the
said probate court above stated, and the decree OF
said court entered therein the 18th day of Octo-
Der, 1876 and above set forth, final and conclu-
siye upon the parties hereto.
Second-The plaintiff is not entitled to judgment
against the defendant Horace Thompson, but said
defendant is entitled to have his action dismissed as
to him. and to judgment against the plaintiff for his
costs and disbursements herein.
Third-That the said above mentioned deeds and
bill of sale, dated October 18th, 1876, and In and by
which the plaintiff granted and conveyed the said
real and personal property in said decree mentioned
and described, to the said Susan L. Thompson, are,
as against the plaintiff, null and void.
Fourth-That the said agreement and settlement,
dated June g. 1877, and said conveyance dated Aug
a. 1877, and above set forth, are, as against the
plaintiff, null and void.
veyances executed and delivered by said Susan L.
Thompson, on or about the Oath day of August,
1877 and in and by which she reconveyed to the plain
tiff said above described real estate and by which she
relinquished her right of dover therein, and said
stocks bonds and other personal property, above
set forth, are null and void
Sixth That the plaintiff is entitled to an account
ing by said Susan L. Thompson, of and for all and
singular, the income, dividends issues, rents and
profits which accrued from said above described real
estate and from said stocks, bonds and other per-
sonal property which belong to the plaintiff as heir
and which was assigned to her by said decree of
said probate court from the 18th day of October,
1876 to the LIST day of july 1877 and for said sum
of So, 1872 IS, which was received by said Susan L.
Thompson on said 18th day of October, 1876, as
above stated, and for said of $3,0O0 which was
paid by the plaintiff to said Susan L. Thompson on
the oath day of August, 1877, above stated, and
for the value of the plaintiffs interest in said house.
hold furniture and other personal property which was
conveyed to said Susan L. Thompson by said instru-
ment, dated August "a, 1877, and above set forth.
And that said Susan L. Thompson is entitled to an
accounting by the plaintiff for the value of her
dover right in said real estate since the said LIST day
of July, 1877.
Seventh-That Judgment be entered herein, ad-
judging and decreeing that said above mentioned
deeds and bill of SALE dated October 49, 1876 are
against the plaintiff null and void, and that the same
with the record thereof be as against the plaintiff set
aside, cancelled and annulled. That said agreement
and settlement dated June g. 1877. above set forth
and said conveyance dated August "a, 1877, are as
against the plaintiff null and void aud the same as
against the plaintiff be set aside cancelled and an
nuJled. That said above mentioned conveyances,
executed and delivered to the said Susan L. Thomp-
son on or about the oath day of August 1877 and in
and by which she reconveyed to the plaintiff said
above described real estate, and in and by which she
renquished to the plaintiff her right of dover there
Ia, and said Stocks bonds and other personal prop
ery above set FORTH null and void and that the
same be set aside, cancelled and annulled.
And that account be taken herein of all and sin
gular, the income, dividends rents, issues, profits
and proceeds which accrued from said above de-
scribed real estate and from said stocks, bonds and
other personal property which belonged to the plain
tiff heir of said James E. Thompson, deceased and
which was assigned to her by said decree of said
probate court from the 18th day of October, 1876 to
the LIST day of July, 1877, and which has been
received and disbursed by said Susan L.. Thompson,
including said sum of S6,4S295 which was received
by her said 18th day of October, 1876, and above
including said of $4,000, which was paid to her
said Oath day of August 1877 above stated, and
also including the value of the plaintiffs interest In
said household furniture and other personal proper
y which was conveyed to her by said deed dated Au-
gust "a, 1877 above set forth and also for the value
of the dover right of said Susan L. Thompson in
said real estate since said LIST day of July, 1877
And that the defendant Susan l.. Thompson, pay
to the plaintiff the amount found due her upon such
accounting, together with the costs and disburse-
ments of this action. Let judgment be entered &C
cerdingly. ORLANDO SIMONs, District Judge.