Carter v. Tice

Citations

• 120 Ill. 277
• 11 N.E. 529

Syllabus

<p>1. GUARDIAN and WARD—release of guardian by ward—undue influence- A release of a guardian, and his sureties by the ward, after her majority, she being a daughter of the former, and living with him, and ignorant of her rights, without any payment or consideration, amounting to a virtual gift to the father and guardian, will, from the confidential relation between the parties,be presumed to have been obtained by undue influence, and the obtaining of it a constructive fraud on the ward; and where the guardian’s sureties are parties to the transaction, such release will be invalid as to them, as well as the guardian.</p> <p>2. Limitation—as against a ward while under guardian’s influence. In respect to the enforcing of the rights of a ward against the guardian and his sureties, there is much authority that time will not run against the ward while living with the guardian, and is under his influence and control, even after the majority of the ward. And when the further relation of parent and child exists between the guardian and ward, and the latter living with him, and being under his dominion, that will make the rule especially applicable.</p> <p>3. Same—application in equity. The bar of the Statute of Limitations will not be applied, in equity, so long as an action at law will lie upon the instrument upon which the proceeding in equity is predicated.</p> <p>4. Where a bill was filed by a ward within ten years after arriving at majority, against her guardian and his sui'eties on his bond, for an account, and the payment of the moneys due the ward, and to set aside a release given without consideration and in ignorance of the ward’s rights, the sureties having full notice that such release was fraudulently obtained, it was held, that there was no such laches on her part as to bar the relief sought, as the sureties in such case had no right to rely on the release.</p>