Kattelman v. Estate of Guthrie

Citations

• 142 Ill. 357
• 31 N.E. 589

Syllabus

<p>1. Guardian — liability for interest on funds of his ward. Where the evidence shows no wilful violation of duty on the part of a guardian he should not be required to pay compound interest. So if the ward, after final settlement of the guardian’s account, after becoming of age, voluntarily leaves the money found to be due to her in his hands, and makes no demand for payment before his death, his estate should be charged only with simple interest from the date of the final settlement.</p> <p>2. Same — estopped to deny correctness of settlement after approval by county court. Where a guardian, after the majority of his ward, appears with the latter before the county court and presents his final report, showing a balance in his hands belonging to the ward, which that court examines and approves, the guardian and his administrator will thereby be estopped to deny the correctness of the settlement thus, made.</p> <p>3. Same — approval of report by county court is a conclusive adjudication. An order of the county court approving a guardian’s final report, the guardian and ward being present, and finding a certain sum of the ward’s money then in his hands, and ordering the report and settlement to be filed and recorded, is an adjudication of the court, and its judgment is conclusive on the guardian and his personal representatives.</p>