Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-05-02

BOND suRErIEs LIABLE.
msssse Twrpsa Committed 20 the
state Industrial school for
Immoral Conduct.

Justice Miner OF the state Supreme
court delivered nm opinion today In the
case Of Josephine Ehrnsrcn vs. Nils J.
Gronlund ct al. appellants. affirming
the Judgment ~ tho Third district
court. a. n. Cherry. judge.
ON the bond " Nils J. Gronlund. as
Action In this case was brought up
executor of'thc last viii and testament
oi John Ehrngfcn. father OF Josephine
Ehfngrcn. the plnintiff and respondent
The bond was executed Ivy Grnnlund
~ principal. and his aurctirA were
Martin thriatophefpon. George ~. Tny.
lor' Thomas y. Taylor and Mrs. Chris
ccnred the following bcquest was made
To hts daughter. Josephine.
Il give and bequcath To- my daugh.
ter Josephine the sum OF t7.VOo. Said
amount To be placed by my executors.
hereinafter TO be named. In some rcput-
able bank In Salt Lake city for the
benefit Of my daughter, Josephine. who
" To receive the interest thereof. but
not the principal. until she arrives ut
the axe of y years. when the said
amount. with the proceeds thereof II
To be delivered TO her, unless In the
opinion OF my executors her welfare
would be better nubseryed by drawing
portion Of the said amount and In
vcHting u In a home or real estate for
her before she reaches the agc Of "a
years"
The nnal account Of the executor
was approved January J.iss5.and II WIS
ordered by the probate Judge that the
executor deposit with Zion'n Savings
bank the sum ~ 81 $3.50 TO the credit
~ Josephine Ehfngfcn. the interest "a
be paid ar II accrued. but the princl-
N.aaN -. a.. l.. -.
spondent had attained her majority,
uronlund never Deposited any part of
the money with lions Savings bank.
II was brought out at the trial that
Groniund suggested TO respondent that
she loan him the money and he would
pay her one per cent per month inter-
est whereas the bank only paid I'VE
per cent. After celebrating upon the
proposition for two weeks respondent
agreed To loan Uronlund the money.
Later uronlund went into the mer-
camille business aud failed. wheN re-
Hpondent sued the executor and his
bondsmcn to recover the sum be-
aueathcd her by her father. ~ the
trial the nurctlcs claimed that they had
never heard of the loan and supposed
the estate had long been closed. Judge
Cherry rrndcrcd n decree giving juur
mcnt In favor Of the respondent for
| the sum Of u. 30 and interest against
Gronlund and his bondrmen. From
this Judgment. and the overruilng Of
n motion for new trial. the defendants
appealed.
Justice Miner holds that the princi-
| pal and aurcticn Of the bond were Liable
until tho decree ~ the probate court
had been faithfully carried out. The
executor fniied In his duty and the
court fndn that Judge Cherry did right
| In holding the executor and his bonds
men to their obligations. referring
to IN. failure ~ uroniund TO deposit
the money with the bank. Justice Miner
says;
| IAN executor can hardly be excused
In placing himself A. 10 n legatee In
| that double character. lie had no right
| To obtain sharp bargain for himself "a
the detriment ~ the respondent. by
withholding from her the knowledge
~ his financial condition and In mis-.
leading her In other respects. Nor
should he place himself In which 10 b.
honest must be- stain upon him. The
transaction WIS only Questionable on
the part of the executor. but frnudu.
lent. ana the contract must be held
| void"
The court then aiiirms the Judgment
Of the lower court.
Justice iiankln concura. but Chiei
Justice Zane did not participate In the
| aeglalUn.