Curtis v. Devoe

Citations

• 121 Cal. 468
• 53 P. 936
• 1898 Cal. LEXIS 934

Syllabus

<p>Guardian and Ward—Delay in Accounting — Loss on Investment Madb without Order—Good Faith—Finding.—It is better ior a guardian to-render annual accounts, and to take an order of court for investments made for his own protection; but notwithstanding an actual loss upon an investment, by diminution in the value of mortgaged property, for which investment no order of court was had, where the failure to render annual accounts, or to obtain an order of court, does not appear to have caused the loss, and upon rendition of the final account of the guardian, though delayed after the ward’s majority, the court found that the guardian had acted in good faith and with ordinary care and prudence in all his transactions, the court is justified in turning over to the ward the assets in the condition in which they were at the time when the ward became of age. In the absence of the evidence, it will be assumed upon appeal that such finding was justified by the evidence, and that it covered an explanation of the delay in the final accounting, it not appearing that such delay was specifically objected to, or . . caused injury to the ward.</p> <p>Id.—Guardian’s Liability for Loss.—In ease of loss to the estate, the question of the guardian’s liability therefor depends much upon the circumstances under which the loss occurred; but a mere failure ttvrender accounts with promptness does not necessarily impose pum- , • five responsibility upon the guardian.</p> <p>Id.—Cessation ok Guardian’s Authority—Duty as to Assets.—The authority of the guardian ceases with the majority of the ward; and it is his duty then to account with the ward and to turn over to him all assets and choses in action in their then existing condition.</p> <p>Id.—Unauthorized Bid Under Foreclosure of Mortgage—Liability of Guardian — Compromise of Deficiency — Election by Ward.—The guardian has no authority, after the ward’s majority, to proceed with the foreclosure of a mortgage, without the ward’s consent, and to b