State v. Admrs. of Wingate Cannon, Dec'd. ( 1834 )

The Court

said the account was not evidence per se, as it was passed without authority; but they would permit the defts. to prove the facts for the consideration of the jury. William S. Cannon left a widow in moderate circumstances, and six children, the plff. being but two years old. If his mother maintained and kept him until he was old enough to be put out for his victuals and clothes, the jury ought to make her a reasonable allowance out of what was coming to him from his father. If it were otherwise, what would be the condition of children left in similar circumstances. They must go to the poor house; and the trustees could recover for their maintenance. The old orphans’ court would not allow the guardian to exceed the income after 7 years; but under that age it always made a reasonable allowance for board and clothing. .Verdict for defts.

Wootten for plaintiff. Layton for defendants.