In re Bane

Jacob Gardner, Jr., was duly appointed guardian of the estates of John H. and Edna L. Bane, minors, in March, 1892. There came into his hands as such guardian $2,-722.48. Upon the 18th of March, 1897, he was ordered by the court to render an account of his guardianship, which order was complied with. John H. Bane, having come of age, filed objections to certain items of the account. Upon the hearing the court approved and settled the account as rendered, except as to an item of $25, which was reduced to $20. No finding of fact or conclusions of law were filed or signed by the court, nor were findings waived.

The appeal is from the judgment or order settling the account and is presented by bill of exceptions. It appears that on May *535 14, 1892, the guardian loaned to Laura Blackwell, who was the mother of the minor children, the sum of $500, taking her promissory note at eight per cent interest, secured by mortgage on eighty acres of land in Merced county; and on November 15, 1892, he loaned to M. J. Blackwell, husband of Laura Blackwell, $1,600 at ten per cent interest, secured by mortgage on three hundred and twenty acres of land in Fresno county. The notes were payable three…