Estates of Spath

Citations

• 144 Pa. 383
• 22 A. 749
• 1891 Pa. LEXIS 624

Syllabus

<p>1. Though a guardian, on account of his management of his wards’ estates, may be deprived of all commissions thereon, yet where, by reason of the mental derangement of their mother, his wards required of him more than ordinary personal care and attention, an allowance to the guardian as compensation therefor may properly be awarded.</p> <p>2. A guardian, who, after unavailing efforts for a year to loan out his wards’ moneys, makes use of the same in his own business, and accounts for the principal with full interest, whilst so in use, such accounting, in the absence of proof that profits were made, or of malfeasance, negligence or delinquency, must be taken as the full measure of liability.</p> <p>(a) A surety on a guardian’s bonds became such after the insolvency of the guardian and of his original surety, and upon the agreement, made with the mother of the wards and their counsel, under the sanction of the court, that he was not to be held liable thereon beyond the balance in favor of the wards shown by the account then filed:</p> <p>3. Such agreement was binding upon the wards, though they were minors when it was entered into. . At all events, they cannot have the benefit of the surety’s obligation, and yet repudiate the conditions upon which it was assumed; and they must therefore claim against him, if at all, only upon the contract of suretyship as it was entered into.</p> <p>4. The guardian being dead when exceptions to his accounts were pending, and the surety having the right to intervene for his own protection, there was no ground for refusing to determine, in the pending proceeding, the question as to the extent of the surety’s liability; and the court having acquired jurisdiction, both parties were bound by its decree.</p>