Gordon v. Vucinich

BISHOP, J. pro tem. In August of 1939, Vladimir Vucinich, as the guardian of the estate of Voislav, Alexander and Desanka Vucinich, filed his second and final account and report of administration. Some money and some real estate, including lots 6 and 7 of the Sones Resubdivision of Block 8, Range 8, Wilmington, were reported as among the assets of the estate. In due course a hearing was had on the account and on September 18, 1939, an “Order Settling Final Account of Guardian and Distribution’’ was filed. After the usual preliminary recitals of appearances and the giving of notice, the order continues: “The Court after hearing the evidence settles said Account and orders distribution of said estate as follows:

“It is decreed that notice to creditors has been duly given as required by law.

“It is further decreed that each of said minors is now of full age.

“It is further decreed that the following items alleged to have been paid to Desanka Vucinich, one of said minors, to-wit: June 17, 1938, $40.00, October 3¿ 1938, $15.00, and December 19, 1938, $20.00, be disallowed.

“The Court finds that Voislav Vucinich has been paid the sum of $1,306.88 in excess of his share of said estate heretofore disbursed by said guardian, and that of said amount there is due and owing by the said Voislav Vucinich to Alexander Vucinich the sum of $550.59, and to Desanka Vucinich the sum of $756.29.

“It is ordered, adjudged and decreed by the Court that, after disallowing said items set forth in the proceeding para[80]graph, totaling $75.00, said Guardian has in his possession belonging to said estate, after deducting the credits to which he is entitled, a balance of $24,998.78 of which $998.78 is in cash, and the remainder consists of the property hereinafter described at the value of the appraisement; that there is also in the hands of said Guardian, as an asset of said estate, an obligation due said estate from Bozo Angelich, former Guardian herein, amounting to $13,847.11 with interest at seven per cent upon $8,904.51 from June 1, 1939, and interest at seven per cent upon $4,000, from the third day of December, 1935, that there is also in the hands of said guardian an obligation due to said estate from one Joseph H. Gordon for back rent amounting to $1,022.14; that the said Voislav Vucinich, Alexander Vucinich, and Desanka Vucinich, are each entitled to an undivided one-third interest in and to the assets remaining in the hands of said Guardian, including cash on hand, after the payment of fees as hereinafter provided.