Hobbs v. Wiley

Citations

• 81 Okla. 240
• 1921 OK 59
• 196 P. 341
• 1921 Okla. LEXIS 144

Syllabus

<p>(Syllabus.)</p> <p>1. Guardian and Ward — Final Account of Guardian — Requisites.</p> <p>By virtue of section 6565, Revised Laws 1910, and rule 2 of this court (47 Okia. xiv) a guardian in rendering his account is required to attach receipts and vouchers to his report for all charges', debts, claims, and expenses which he has paid, except such as come within the provisions of section • 6438, Revised Laws 1910.</p> <p>2. Same — Exceptions to Final Report— Courts — Appeal and Error — Claims and Rents.</p> <p>In a guardianship proceeding, where a guardian files his final report and exceptions are filed thereto, and the county court approves or disapproves such report, and an appeal is taken to the district court on questions of both law and fact, the case in the district court is tried de novo as provided by section 6515, Revised Laws 1910.</p> <p>(a) Where the district court* disallows certain items of expenditure contained in the report filed by the guardian, and no receipt or voucher is attached to the report, and no evidence is offered that the receipts or vouchers have been lost, or that the money was actually expended to discharge a legal obligation against the estate, the order will not be disturbed on appeal.</p> <p>(b) Where the guardian occupies the1 premises of his ward, it is not error for the trial court to charge him with the reasonable rental value of the premises, and where the evidence supports the finding of the court as to the reasonable rental value of said premises, said finding will not be disturbed in this court.</p> <p>(c) Where a guardian reports that he has rented certain lands of his ward and is to receive a portion of the crop as rent therefor, and reports only nominal sums received as rent, and upon a hearing on the exceptions, the evidence discloses that the guardian purported to rent the land to his minor son, and to a negro employe, the guardian furnishing the team and seed and was to receive one-half of the crop, and no account is ke