Gillespie v. Winn
Synopsis
Guaedian and Waed—Administbatob—Pbesentation oe Claim— Teust Fund.— An action cannot be maintained by a ward against the administrator of bis deceased guardian, to recover a sum of money received by the guardian in trust, unless it is shown that the claim has been presented to the administrator for allowance, or that the trust fund has come into the hands of the administrator.
The Court. We think the motion for nonsuit was properly granted. The claim on which the action is based was never presented for allowance to the defendant as the administrator of the estate of Mrs. Hersperger, deceased, nor is it shown that the money which she received as the guardian of plaintiff ever came into the hands of defendant as such administrator, or otherwise. On the other hand, the only evidence introduced on the trial tends to prove the exact reverse.
Judgment affirmed.
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