Estate of Post

Good Law
1 Myrick 230
Superior Court of California, County of San FranciscoJanuary 17, 1879No. 6683California513 words

Opinion

lead Opinion

The ward attained majority July 6, 1876, and the guardian, at her instance, has rendered his account for settlement, to various items of which the ward has filed written objections.

The guardian had deposited the sum of $562.57 with the Pioneer Land and Loan Association. That institution failed, September 17, 1877, and the money became lost. There was no evidence offered that this was an improper place of deposit. The ward, after becoming of age, knew of the deposit, and made no protest. The objection is therefore overruled.

All the other objections are overruled, except the following, viz:

In the account, the guardian places to his credit the following item:

The guardian testified upon the hearing that he loaned this amount to Mrs. Bean, step-mother of the ward, upon her promising to give security by mortgage; that after receiving the money she failed to give the security, and he has been unable to collect the money.

Mrs. Bean testified that the transaction was not a loan, but that the guardian was indebted to her, and that the money was paid on account of that indebtedness.

The ward has been supported for some time by Mrs. Bean, and the guardian insists that if the item…

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