ESTATE AND GUARDIANSHIP OF SECCHI MINORS.
No. 5165--January, 1879.
ACCOUNT.--Moneys received by guardian in a foreign jurisdiction must be accounted for here by guardian unless he shows positively that
he has accounted for the same funds abroad, any presumption arising being, that the foreign authorities have permitted the transfer
of the funds hither for the purpose of having them subject to the jurisdiction of the common domicile of guardian and wards.
Construing sections, C. C. P., 1773-4.
J. M. Burnett, for guardian.
E. N. Deuprey, contra.
By the report of the referee it
appears that the guardian received rents of the real estate of his wards. He also received moneys of the wards in
It is now contended that the guardian cannot be charged, in the settlement of his accounts in this State, with the moneys received by him in France; that it is to be presumed that he is responsible to the tribunals of the country where he received the money; and that, to hold him accountable here, would subject him to two jurisdictions, each entirely independent of the other.
18 How., 16; 1 Bradford, 345; 4 How., 497; 3 Met., 109; 20 N.Y., 103; Story on Conf., Secs. 529, 514.
By the COURT: By bringing the property to this State the
guardian subjected himself and it to the jurisdiction of this Court; and he
must account in this Court, at least, unless he shows that he has actually
accounted in the foreign jurisdiction and been relieved of his obligation. In the absence of a showing, this Court
cannot presume that he has accounted in
Transcribed by Pat Seabolt.
© 2007 Pat Seabolt.