Charles v. Witt

Citations

• 88 Kan. 484
• 129 P. 140
• 1913 Kan. LEXIS 370

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Guardian and Ward—Action for Accounting—Mismanagement of Ward’s Estate. In an action on behalf of minors against their former guardian for an accounting allegations of fraud, of waste and mismanagement, of wrongful appropriation of the minors’ property by pasturing their lands, and of purchasing their grain at less than its value are mere matters of inducement, where the petition as a whole shows that all that is demanded is an accounting. Wrongful or . tortious acts of the guardian may be waived and he may be compelled to account for the reasonable value of the property wasted or wrongfully appropriated. There still remains but a single cause of action for an accounting.</p> <p>2. - Measure of Recovery Where Guardian Has Failed to Keep Accounts. Where a guardian for a period extending over several years without an order of the probate court leases the lands of the minors for grain rent, and purchases their grain himself, keeping the accounts in such an imperfect and unintelligible manner that in an action for an accounting it is found impossible to ascertain what amount of grain was received for the minors’ share or raised on their lands, it is proper to charge him with the cash rental value óf their lands for the whole period.</p> <p>3. -Interest on Yearly Balances. And in such case where the evidence likewise shows other instances of culpable neglect of the minors’ interests and of fraud in the management of their estate, the allowance of interest at six per cent on the yearly balance found due, the interest to be added yearly to the principal, will be upheld.</p> <p>4. - Wards Entitled to Judgment against Guardian for Whole Arnotmt Due. When the sureties of the guardian are parties to such an action and the petition asks judgment for the amount of the bond and the court finds a larger sum due from the guardian, the court should permit the petition tp be amended to conform to the evidence and should reiider judgment against the