Cheney v. Roodhouse

Citations

• 135 Ill. 257
• 25 N.E. 1019

Syllabus

<p>1. Guardian and ward—jurisdiction of county court. In the matter •of an accounting in the county court by a guardian, in respect to his administration of the trust confided to him, the powers of that court are co-extensive with those of a court of chancery, and it possesses a similar jurisdiction, and adopts the same forms and mode of procedure.</p> <p>2. Same—form of guardian’s report—as to the mode of computation. It was objected to the report of a guardian to the county court, that it ■did not show the condition of his account at the end of one year after his appointment, and the balance then in his hands, and the balance in his hands at the end of each year thereafter. The report showed that the guardian did not loan out the money of his ward, but retained and used it himself. But the account rendered computed the amount in the guardian’s hands upon the principle of annual rests, so that the rights of the ward were as fully protected as though the report had been made in proper form.</p> <p>3. Same—authority of guardian—acting without an order of court— discharging incumbrance. A guardian may, without-the direction of the court, pay a claim which is secured by deed of trust, or mortgage, which is a direct and immediate charge upon the land of his ward, and which, if left unpaid, would probably destroy the ward’s interest. °</p> <p>4. Same—repairs arod improvements—¿without an order of court. A guardian may repair his ward’s premises, but he is not authorized to build or make extensive permanent improvements, without first having obtained permission of the county court. But when the improvements are such that the court, on application, would have ordered made, and they are proportionate to the ward’s pecuniary ability to pay, and beneficial to him, and the prices paid are reasonable, the court will ratify the expenditures, and reimburse the guardian therefor.</p> <p>5. Same—generally, an order of court advisable. It is advisable, however, that a guardian shoul