Guardianship of Cardwell

Good Law
55 Cal. 137
Supreme Court of CaliforniaJuly 1, 1880No. 6,487California1,642 words

Opinion

lead Opinion

Myrick, J.

This is an appeal by the guardian from an order of the Probate Court settling his final account, disallowing certain items which he sought to have pilaccd to his credit, and charging him with interest on certain sums. The facts are stated in the findings, from which we gather the following:

On the 11th of October, 1866, the guardian was appointed, and he remained such until his ward attained majority, September, 1877. From time to time during the guardianship he received various sums of money and certain real estate, the property of his ward. January 8th, 1875, he had $5,000 in his hands belonging to the ward. On that day, one Pleasants was desirous of purchasing from one Ramirez a tract of land known as the Ramirez place, and applied to the guardian for a loan of $5,000 to make the purchase. Pleasants made the purchase, and the guardian on the said day loaned to him the $5,000 belonging to the ward, taking the promissory note of Pleasants. As security for the loan, the guardian, on the 1st of February, 1875, took in his own name, with the consent of Pleasants, a deed of the land from Ramirez, the understanding being that when Pleasants should pay the amount so loaned with…

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