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Order Entered In Holmes Case

Order Entered In Holmes Case image
Parent Issue
Day
24
Month
January
Year
1902
Copyright
Public Domain
OCR Text

Jmlge of Probate Watklns has hand! dmni a written opinión In the matter ti Jonathan K. Holmes, Incompetent. The parties live in Manchester. Th.' hearing on Friday was sharply contested by the attorneys of the respective Interests: The guardián had asked the eourt for aa order dlreetlng him to witbdraw money frpm the bankg and lnvest it In farm property. The witv of the lncom petent objeoted to the change and to the land whlch had been selected, and suggested other land. The judge re views the subject and statea that there is eiioagh nioney for such iuvestment and that it was BhowD by l'our witnesses that the land was worth the price tu be pald for It. He said the tesrlmony showed that last yèar the lnn1 hnd produced a reveaue of $1,181. and that was nnich more than the uioney would brlng in on interest in the bank. He said also that it was advisable that fche oioney be Invested, as in tiie past, as was shown by the records of the probate court véry often the personal property was wasted and sometimes entlrèiy dlsappeared. The Inexperlence of tbe average guardián in loaning fun-ds of his ward a.id the case witli whirli pertronal estates dlminlsh and vanish in maii.v -cases Is apparent. After the trust t'und lias been Inveeted in reatty in name of the ward the guardián liolds the real estáte subject to the control of the court, and the danger of a dininnition or waste is greatly lessenêd. The cotincil for the contestant atates "that fche effed of auch a transfer 111 iy niake a possible chauge In '■ase sume person shonld die before another; he Insista that some miglit not -v: as mueh in that event." "It Is plainly a tixed rule of law that property of au Incompetent or lunatic converted in the hands of the guardián reclalms its original charaeter in respect of the rlghts of heirs or üsrfflnitees to the succession."