In re the Guardianship & Estate of Eschrich

Good Law
1890 Cal. LEXIS 875·85 Cal. 98·24 P. 634
Supreme Court of CaliforniaJuly 30, 1890No. 13485California789 words

Opinion

Lead Opinion

Works, J.

William Moore was appointed the guardian of Albert C. and Charles Eschrich, and, as such guardian, received from the sale of certain lands belonging to them the sum of one thousand dollars, one half of which belonged to each. He allowed several years to pass without taking any steps in the matter of his trust, and used this money for his own purposes. On the petition of his wards he was cited to appear and render an accounting. He filed his account, in which he charged himself with one thousand dollars, and gave himself credit for $312, alleged to have been paid for two years’ board for Charles, and $468, alleged to have been paid for three years’ board for Albert. He also gave himself credit for seventy-five dollars for two cows furnished to Charles. These items were disputed, and the court disallowed the claims for board, and allowed only fifty dollars for the cows. The court also charged the guardian with seven per cent interest on the money received by him, with annual rests. The guardian appeals from and complains of these rulings.

The evidence shows that at the time of Moore’s appointment as guardian his wards were living with their elder brother, Fred Eschrich, and that…

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