Curtis

Curtis v. Devoe

Good Law
121 Cal. 468·1898 Cal. LEXIS 934·53 P. 936
Supreme Court of CaliforniaJuly 20, 1898Sac. No. 387California3,429 words

Opinion

Lead Opinion

Chipman, J.

Settlement of final account of guardian. The appeal is by the ward upon the judgment-roll alone. The court found that the guardian was appointed October 20, 1887, and was the acting guardian until March 4, 1894, when the ward came of age; that on May 29, 1896, the guardian filed his final account and report of his transactions as such guardian to March 4, 1894, the date of the ward’s majority. The account as filed showed that the estate received by the guardian was money. Upon the hearing some items were disallowed and some were added, which, together with certain compensation allowed the guardian, left a balance due the estate of $2.21, omitting a certain transaction relating to the loan of $1,500, now made the subject of this appeal.

The court found that on November 16, 1888, the guardian loaned to one Edward E. Bush and one J. J. Harlow, jointly, $1,500, taking their note, payable one year after date to the *470 guardian, bearing interest at one per cent per month, secured-by mortgage on certain one hundred and sixty acres of land in Tuiare county, to which Bush and Harlow had at the time a perfect title free from all liens, and then of the market value of $2,600, “when times…

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