Burwell v. Burwell's Guardian

Citations

• 78 Va. 574
• 1884 Va. LEXIS 31

Syllabus

<p>1. Guardians—Conversion of assets—Reacquisition.—Where guardian. appropriates his ward’s assets to his own private purposes, it is a breach of trust for which he is liable; which liability is'not removed by his • subsequent reacquisition of those assets.</p> <p>2. Non-Residents—Publication—Appearance—Notice.—Under Code 1873, chapter 166, section 15, where order of publication has been duly executed against non-resident, or unknown defendants, no other notice is required to be given them in any proceeding in court, or before a commissioner, or for the purpose of taking depositions, unless specially ordered by the court, if those defendants shall not appear within one month after completion of the publication. But if they so appear, then they ar,e entitled to notice in all the subsequent proceedings in the suit.</p> <p>3. Idem—Idem—Case at bar.—In 1873, G qualified as guardian of T and four other infants. In September, 1875, G filed his bill for a settlement of his accounts against his wards, all of whom were non-residents, and an order of publication was duly executed, and they duly appeared by guardian ad litem. Account showed in guardian’s hands, in money, $8,261.16, received February 1, 1874, and also one bond for $1,000 G loaned J, February 4, 1874, on trust deed. In May, 1876, court confirmed report, and ordered G to pay T, who had obtained his majority, one-fifth of the money—i. e., $1,632.23—and to collect the bond. Four days after decree, G assigned this bond to T, in part settlement and exchange for the $1,632.23 he had been ordered to pay T. The bond was worthless, the security being worthless when G loaned J the money. In September, 1877, G took back the bond from T and claimed it to be part of his ward’s assets. Before lending the $1,000, G employed attorneys of good standing to investigate the security, and they reported it good and free from encumbrances; for which service they were paid $100, deducted from the $8,261.16. But encumbrances existed and