Allen

Allen v. Tiffany

Good Law
53 Cal. 16
Supreme Court of CaliforniaJuly 1, 1878No. 5993California322 words

Opinion

lead Opinion

Section 1754 of the Code of Civil Procedure provides that certain conditions shall form part of the bond of a guardian appointed by the Probate Judge, “ without being expressed therein.”

Among these are those mentioned in the third subdivision of the section, which reads as follows :

The purpose of the provisions of the Code is that the Probate Judge shall retain the supervision and direction of the guardian and of his management of the person and estate of the ward until discharged by the appointing power.

Within a reasonable time after the ward arrives at full age, the statute provides that the guardian may settle his accounts with the ward; but, considering the previous relations of the parties, it is not to be supposed that it was the intention that such settlement should of itself constitute a discharge, or that it should not be subject to the approval or disapproval of the Probate Judge, prior to the discharge by him. The Probate Judge has exclusive jurisdiction to determine the state of accounts between the guardian and ward. The ward may *18 agree upon a settlement with the guardian, subject to the approval of the Probate Judge, or may apply for a citation compelling…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.