The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 973
xv, 1025 p. ; 23 cm.View a full description of this legislative document.
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BEAVEN V. STUART
she had not formally presented them at time of examination; that fact
not depriving her of her right to participate.
4. GUARDIAN AND WARD (D69--TRANSACTIONS-PRESUMPTION.
Any conveyance, purchase, sale, contract, and especially gift by which
the guardian derives a benefit, made after the termination of the legal
relation, but while the influence lasts, is presumed to be invalid and
voidable, and hence there is a presumption that a former ward's ac-
knowledgment without consideration of receipt of payment of notes
given by her guardian in settlement of the guardianship, made after
termination of guardianship, while she was yet a member of the guar-
dian's household, was invalid and voidable.
5. GUARDIAN AND WARD 69-O-TRANSACTIONS--EVIDENCE-SUFFICIENCY.
Evidence held insufficient to show that a former ward's acknowledg-
ment without consideration of receipt of payment of notes given by the
guardian, made after termination of the guardianship, but while she
still remained a member of his household, was not the result of undue
influence.
6. GUARDIAN AND WARD =160---ACCOUNTING-ACTION TO SET ASIDE-
LACHEs.
Where, within a reasonable time after she married and left her
guardian's household, a ward instituted proceedings for the opening of
the settlement of his guardianship accounts, she was not guilty of any
laches which would preclude an attack on her acknowledgment without
consideration of receipt of payment of notes given by the guardian for
a sum he admitted to be due.
7. BANKRUPTCY :D314(1)-CLAIMS-RIGHT OF FILING.
The mere pendency of proceedings by a former ward against one who
had been her guardian, to open the settlement of his guardianship ac-
counts, does not, on the bankruptcy of the guardian, preclude her from
filing, as claims against his estate, notes for an amount which the
guardian admitted to be due, and which it was asserted he induced his
former ward without consideration to mark "paid," by reason of his
undue influence.
Appeals from the District Court of the United States for the Middle
District of Alabama; Henry D. Clayton, Judge.
In the matter of the bankruptcy of George Manegold. On ob-
jections of George Stuart, trustee in bankruptcy, the claims of Estelle
Manegold Beaven were disallowed, and from such decrees claimant
appeals. Reversed and remanded.
Stuart MacKenzie and John R. Tyson, both of Montgomery, Ala.,
for appellant.
B P. Crum and Gustave F. Mertins, both of Montgomery, Ala.,
for appellee.
Before WALKER and BATTS, Circuit Judges, and FOSTER, Dis-
trict Judge.
WALKER, Circuit Judge. These two cases are here on appeals
from decrees disallowing two claims filed by the appellant against the
estate of George Manegold, a bankrupt, who died before the claims
were filed. One of the claims was based on a note of the bankrupt,
dated October 20, 1908, for $14,357.15 and 6 per cent. interest from
its date, payable to the order of the appellant three years after its date.
The other claim was based on a similar note of the bankrupt, dated
41::For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc38821/m1/988/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.