Guardianship of Cardwell

Citations

• 55 Cal. 137

Syllabus

<p>Guardian and Ward—Investment.—A guardian may invest moneys of liis ward without an order of Court; but, if he do, it may generally be said that he does it at his own risk. An order for investment obtained from the Probate Court, under § 1702 of the Code of Civil Procedure, would protect him even if misfortune were to follow; but, where he acts upon his own judgment, he is held to a more strict accountability.</p> <p>Id.—Accounting—Estopped.—The settlement of a guardian’s annual account is only prima facie evidence of its correctness. Section 1788 of the Code of Civil Procedure, as to the eonciusiveness of administrators’ accounts, is not made applicable to guardian’s accounts by § 178!) of the Code of Civil_ Procedure.</p> <p>Id.—Interest.—Where a guardian acts in good faith, and does not make any use or profit for himself of the funds, he is chargeable with the statutory rate of interest only.</p>