Kingsbury v. Powers

Citations

• 131 Ill. 182
• 22 N.E. 479

Syllabus

<p>1. Guardian and ward—protecting the ward’s estate—paying debts— incurring costs and expenses, etc.—reimbursing the guardian. If a guardian promises, on a sufficient consideration, to pay a debt of Ms ward, he will become personally liable on his promise, though made expressly as guardian, and it is a sufficient consideration if such promise discharge the debt of the ward; and a guardian who thus discharges the debt of his ward may lawfully indemnify himself out of the ward’s estate, or, if he be discharged from his guardianship, he may have an action against the ward for money paid to his use.</p> <p>2. A guardian, under authority from the county court to contract for the building of business houses on his ward’s ground, made a contract with one for the furnishing of cut stone, to the amount of $19,504. Before the completion of the buildings the guardian resigned, and the ward’s mother was appointed as his successor, who refused to pay a balance of nearly $6000 claimed by the contractor for the stone and some extra work, on the ground of damages caused by delay in completing the contract. The latter sued the prior guardian on his contract, and the second guardian employed attorneys to defend the suit, which was finally compromised for $4000. Before such compromise the second guardian resigned, and her successor paid the judgment of $4000 against the first guardian: Held, that as the suit was defended in good faith and resulted in benefit to the ward’s estate, the guardian last appointed was, in the settlement of his account, entitled to a credit for the amount of the judgment and costs paid by him, including reasonable attorney’s fees.</p> <p>3. A guardian may not willfully or recklessly incur costs and expenses in litigation, where he knows, or where by the exercise of ordinary prudence and caution he might have known, there was no necessity for litigation. But if he has reason to believe, and does believe, that a claim made against the estate is unjust and ille