Supreme Court of Missouri, 1935

Hines v. Kemp

Hines v. Kemp
Supreme Court of Missouri · Decided December 18, 1935 · Collet
89 S.W.2d 57; 338 Mo. 122; 1935 Mo. LEXIS 578 (South Western Reporter, Second Series)

Hines v. Kemp

Opinion of the Court

COLLET, J.

This ease was argued and submitted as a companion ease to the ease of'Hines, Administrator of Veterans’ Affairs v. Hook, Guardian, decided at this term. The facts in both eases are identical with the one exception that in the Hook case the guardian received money benefits from the United States for his ward during the year preceding the disputed guardian’s allowance, while in this case he did not.

The Court of Appeals in the United States Veterans’ Bureau v. Glenn held that under the statute (See. 607, R. S. 1929), a guardian was entitled to compensation not exceeding five per cent of the income received by him from investments made with the ward’s funds. The statute clearly justifies that construction. The conclusions we expressed in the Hook case apply here. The judgment is therefore reversed and the cause remanded for further proceedings in accord with our opinion in Hines, Administrator of Veterans’ Affairs v. Hook, Guardian, 338 Mo. 114, 89 S. W. (2d) 52.

All concur.

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