Adams

This is an action against a former guardian of an incompetent to recover money allegedly misappropriated by him.

The defendant became the guardian of Clyde Lindsay, an incompetent, in 1920, and acted as such until 1929. During this period he filed four current accounts in the probate court, claiming credit for various expenditures including board, lodging and laundry of the ward at the rate of $120 per month. On October 15, 1928, plaintiff filed a petition for appointment as guardian ad litem of the ward, asserting that her investigation had disclosed false charges and excessive credits by the defendant. Her petition was granted. On November 16, 1928, defendant filed his final account. On November 19, 1928, plaintiff as guardian ad litem filed a petition for the removal of defendant as general guardian, and for her own appointment in his place, setting forth the same allegations of improper charges and credits by defendant. On January 16, 1929, defendant’s letters of guardianship were revoked, and plaintiff was appointed general guardian. At the same hearing (notice having previously been posted as required by statute on November 28, 1928), the final account of defendant was…