Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1914-07-04
DECISIONS HANDED
DOWN FROM THE
MAINE LAW COURT

A rescript from the law court was
investments made by a guardian which
came up on an appeal from the probate
court of Knox county. The rescript was
as follows:
Joseph e. Moore, appellant from de-
cree of Judge of Probate. Rescript by
Bird, J.
An investigation of the character of in
vestments, upon allowance of a guar
dams account, is within the power and
a duty of the probate court.
Investments of a guardian made with
out security, or beyond the jurisdiction
of the court, or in property in which he
is personally interested, subject him to
the peril of responsibility for the safety
of the fund.
Guardians, like other trustees, must ex-
ercise the utmost good faith in all mat
ters pertaining to their employment and
in settlement with their wards or in &C
counting to the court, it is their duty to
make full disclosure of all facts and cir
cumstances necessary to a full and COM
plete understanding by either of the
business in hand.
| Neither the knowledge of a succeeding
guardian, If such there be, nor his fail
ure to take action, If he has knowledge,
can affect the rights of the ward In the
premises.
Mere lapse of time does not constitute
lacnes There must be loss of material
| testimony or other changes of circum-
stances ipjuriously affecting the party
urging It.
Upon petition of a former ward for
the re-opening of his guardians account,
change in the circumstances of the sure
ties upon the latter's bond will not be
considered. Such remedy as they may
have based upon the laches of the petit
toner is elsewhere.
Where guardian has been guilty of
acknowledgement of the estate of the ward
or the latter has suffered by reason of
the formers neglect of duty, commits
sions will be refused
The objection that the probate court.
having decreed the re-epening of an ac-
count, exceeded its powers in restating
it, is overruled
The entry must. therefore, be decree
of probate court amrmed
The case is remanded to the supreme
court of probate for the county of Knox
for further action in accordance with
| this rescript.
Received July l. 1914
Another rescript handed down Thurs
day was as follows:
Penobscot, SIS. John stapleton VS.. Will
liam F. Curran. Per Curtain.
Action to recover $500 which the Main
tiff claims he loaned to the defendant.
May ZSrd, 1910. Verdict for the plaintiY
for s5s1.20 and the case is before this
court on the defendants motion for a
new trial.
The issue was, whether the plaintiff
loaned to the defendant the $500. or pur
chased through him. as a selling agent.
i've shares of the par vaIue of 500 each.
of the preferred stock of the Acadian
Wool & Stock Company. a corporation
then doing business in Nova Scotia. hut
which subsequently failed
from an examination and consideration
OF the plaintiffs own testimony and the
other undisputed evidence in the casa
the court is constrained to the conclusion
| that the transaction between the plaintifr
and the defendant was unqestionably a
purchase by the plaintiff of the five
shares of the said stock.
And 1t is the opinion of the court that
the plaintiffs statement at the trial that
ne did not purchase the stock, but loaned
the 5000 to Mr.. Curran, is so Incredible
when considered in the light of the es-
taollshed facts and circumstances of the
case, and is so overborne by the proba-
tive force of his own conduct at the tina
and since and the otner evidence. that
the Jury were not warranted in return
ing verdict in his favor, and that the
court would not be justified in accent
ing IL as the basis of Its judgment. Ac-
cordingly the entry must be
Motion sustained.
Received July 2, 1914.