Estate of Cousins

Appeal by J. M. Fox, the guardian of said minor, from an order settling his final account.

But three exceptions are urged, and while all they involve the same general inquiry, that is, as to the propriety of the rate of interest charged by the court below against *444 the guardian upon certain items of the account, they each relate to a different item of the account, and, as a different rule of accountability was applied in each instance, it will be necessary to examine them separately. The facts upon which the several exceptions are based appear in the findings of the court, the appeal being upon the judgment-roll, unaccompanied by the evidence.

1. The court found substantially that during the whole time that said J. M. Fox has been the guardian of said minor he has commingled the moneys belonging to his ward with his own, and used said money in his own business, and deposited it in the bank in his own name, and has never at any time kept the same separate and distinct from his own money. That according to the testimony of the guardian, he could not loan the money all the while, and he thought it better to use the money when he could, and charge himself with regular interest; a…