Bennett v. Claiborne

Citations

• 23 Va. 366

Syllabus

<p>1. D qualified as guardian of 0, in August 1858, and acted as such until his death in April 1S61. His executor W acted as guardian of C until April 1S62, and had the account of D settled, showing due from him to O. $4,133 98; for which sum W gave his bond to B, who qualified as guardian of C in April 1862; and afterwards paid B, at different times, $2,551. B ceased to act as guardian of C in December 1863, when S became guardian. The income of the estate of 0 in the hands of the guardians was not equal to the expenditures upon her; but her whole income, including that in the hands of her father’s ex’ors, during the whole period of the guardianship, was equal to her expenses; and these wei e only suitable to her estate and condition in life. Held :</p> <p>1. The estate of D is to be charged with the amount found due from him; and credited for the money paid by his ex’or W at its scaled value.</p> <p>2. B having received the amount of an ante-war bond, and paid ante-war expenses of C incurred during the guardianship of D, these payments to the amount of said bond are not to be scaled ; but all other disbursements of B are to be scaled.</p> <p>3. The guardians are entitled to have the whole income of C applied to pay their expenditures upon her.</p>