Sargent v. Willyard
Sargent v. Willyard
Opinion of the Court
Respondent moves this court for an order dismissing the appeal. This is the fifth appearance of this case in this court. The former decisions are: In re Guardianship of Hudson (1945) 220 Minn. 493, 20 N. W. (2d) 330; Id. (1948) 226 Minn. 532, 33 N. W. (2d) 848; Id. (1949) 228 Minn. 508, 37 N. W. (2d) 742; and Id. (1952) 235 Minn. 444, 51 N. W. (2d) 103. The facts are detailed in the four prior opinions. On September 27, 1948, the district court of Dodge county dismissed a joint appeal by W. T. Cor-
“With reference to the fees and expenses of the special guardian incurred in Goodhue county, it appears that upon the failure of such special guardian to perfect his appeal from the order dismissing his appeal from probate court Üis rights in the matter terminated. It is obvious that his interests in establishing certain charges against the estate would be adverse to those of Cecelia Peterson, daughter of the ward, who perfected the appeal and whose interests are in the residue, if any, of the estate. In consequence, the situation is not similar to those involving a joint judgment or decree against several parties where the effect of an appeal by one, without the concurrence of the others, carries up the whole case so that a reversal inures to the benefit of all. [Citing cases.]
“Ordinarily, an interested party who does not appeal from a judgment or order affecting his rights does not benefit by the appeal of another party likewise affected by such judgment or order, but whose interests therein are different from his. [Citing cases.]”
On October 11, 1948, James C. Sargent was appointed special administrator of the estate of Corwin. Two days later he petitioned the district court of Dodge county for an order appointing him as special guardian in the proceedings for the purpose of appealing from the order of September 27, 1948, which dismissed the appeal of Corwin as special guardian from the order of the probate court. This motion was denied by order of January
On October 18, 1948, notice of filing of the order of September 27, 1948, was served on Plato E. Sargent as “attorney for appellants.” Plato E. Sargent was attorney of record for Corwin, the special guardian, and had also appeared as attorney for James C. Sargent prior to the time that notice of filing of the order of September 27, 1948, was served on him as “attorney for appellants.”
Shortly after the decision in In re Guardianship of Hudson, 235 Minn. 444, 51 N. W. (2d) 103, and on February 7, 1952, James C. Sargent, as special administrator of estate of W. T. Corwin, deceased, served notice of appeal from the order of the district court of Dodge county of September 27, 1948, which order we have already referred to and from which order Cecelia Peterson appealed and whose appeal was disposed of in In re Guardianship of Hudson (1949) 228 Minn. 508, 37 N. W. (2d) 742. The validity of this appeal is involved in the motion to dismiss. Respondent contends that the appeal should be dismissed on the grounds that (1) James C. Sargent, as special administrator of the estate of W. T. Corwin, is not a party to the proceedings and has no standing on appeal, and (2) that the time to appeal from the order of September 27, 1948, has expired.
The special guardian, Corwin, was appointed by the probate court of Goodhue county on September 27, 1943. The general guardian, Willyard, was appointed by the probate court of Dodge county on October 27, 1945. The order of the probate court of Goodhue county, entered March 9, 1944, removed Corwin as special guardian except for the purpose of appeal from the order restoring the ward to capacity. This court recognized the jurisdiction of the probate court to limit the purposes of guardianship and that the special guardianship was so limited. In re Guardianship of Hudson, 226 Minn. 532, 33 N. W. (2d) 848. The present proceeding, in Dodge county, for settlement of the final account of Willyard, the general guardian, is entirely foreign to the function of the special guardian, even assuming that James C. Sargent was appointed special guardian as successor to Corwin.
After the appointment of the general guardian, the power of the special guardian ceased, except for the purposes of the final account of the special guardian. § 525.591; In re Guardianship of Hudson, 226 Minn. 532, 33 N. W. (2d) 848. His only other power, viz., to prosecute an appeal from the order restoring capacity, terminated when the appeal was successfully terminated.
The judgments of the district court for the first judicial district (Goodhue county) and of the Goodhue county probate court allowing the account of
Thus, even if the recitals of appointment in the judgments are accepted as stating the fact, it appears that James C. Sargent as special guardian had absolutely no function to perform, no interest in the general guardianship proceedings, and was not an aggrieved party. He therefore has no standing to appeal. § 605.09.
Nor is James C. Sargent, as special administrator of the deceased special guardian, a party aggrieved by the order of September 27, 1948. Corwin, at the time of his death, was appealing as special guardian from an order allowing the final account of the general guardian. His interest as special guardian is not apparent, but it is clear that whatever interest he may have had is not an interest which passes to his special administrator. The duty of James C. Sargent as special administrator is to collect the assets and conserve the estate of Corwin, § 525.301, not to protect the interests, if any, of the special guardianship. By the judgments allowing the account of the special guardian, the estate of Corwin has an adjudicated claim against the estate of the ward, Nettie Hudson, a claim not subject to collateral attack.
In view of our opinion stated, it is not necessary to determine the question whether proper notice of filing of the order of September 27, 1948, was served and whether the time for appeal has expired.
Appeal dismissed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.