In re Estate of Peets

Decision ora Application for Discharge.

In the Superior Court of the State of California.,

*78 In and for the County of Alameda.

No. 24412.

In the matter of the estate and guardianship of Leslie S. Peets, a minor.

The Court. The guardian presents the receipt of his ward, and requests a decree discharging him and his sureties, reciting in his petition that the guardian has settled with his ward.

There has been no account filed by the guardian, and his application is made ex parte. The ward is. now past twenty-two years of age.

Section 246 Civil Code provides that “after a ward has come to his majority he may settle his accounts with his guardian and give him a release, which is valid if obtained fairly and without undue influence.” Such a settlement is not, ipso facto, a dischage of the guardian.

Section 250 Civil Code provides that: “The relation' of guardian and ward is confidential, and is subject to the provisions of the title on Trust”.

The sureties on the guardian’s bond given on qualifying are vitally interested.

After reviewing many cases in other jurisdictions, our Supreme Court adopts the Texas rule, and says: “In this State we have one rule which prohibits an…