Turner v. Turner
Turner v. Turner
Opinion of the Court
There would appear to be no difficulty in ascertaining the true character of Gr. S. Turner, the appellant in this cause, in collecting and receipting for the money for which he is charged in this suit. At the request of P. D. Turner, he undertook to represent the guardian of a minor heir, in the settlement of an estate of which the ward was entitled to a distributive share. He received the several sums of money in the name and place of the guardian, and was, therefore, to all intents and purposes, acting as the agent of P. D. Turner, the guardian, and as such was bound to a faithful performance of all the duties of a special agent, or agent for a special purpose. And in the collection and receipting for money belonging to a ward of his principal, he assumes a twofold responsibility, that of agent for his principal, and trustee for the minor; and he may be held to a strict responsibility as either.
As an agent with specific and limited power and duty, he is bound to perform that duty in strict conformity with the will or instructions of his principal. But as trustee he is also bound to act for the best interest of his cestui que trust, and is responsible for any breach of the trust, and for any loss which may accrue to the trust estate from his neglect, carelessness, or want of proper management; and when he has received money belonging to the estate, he is chargeable not only for the principal, but in many instances with interest, and especially where he has failed to pay over, or promptly and faithfully account for, all money that may have come into- his hands.
In the case at bar, the appellant was acting more especially in the capacity of trustee for the minor, W. T. P. Turner. His guardian had joined the army and left the State during the time of a great war, and appellant was left alone to look after and manage the estate. It follows that, in the collection of debts or annuities due the estate of the minor, if appellant received illegal or depreciated money he should be held responsible, not only
Affirmed.
Reference
- Full Case Name
- G. S. Turner v. W. T. P. Turner
- Status
- Published
- Syllabus
- A person who, as agent of the guardian of a minor, collected money belonging to the minor, assumed a twofold responsibility, and is liable not only as agent for his principal, but also as a trustee for the minor; and if such person received illegal or depreciated currency in discharge of legacies or debts due the minor, he is liable in good money for the whole amount of such legacies or collections, and is also liable for interest thereon if he has been derelict in accounting, etc. Therefore, when suit was brought against such a trustee by or in behalf of his cestui que trust, it was no defense for him to allege that he had received Confederate money and depreciated bank notes; and when evidence of such an allegation had gone to the jury, it was not error for the court to withdraw from the jury all consideration of this attempted defense.