Lynch v. Rotan

Citations

• 39 Ill. 14

Syllabus

<p>1. Jurisdiction in chancery, over the estates of infants. In a suit by parties against the sureties of their guardian, who has died, for a discovery and an account of moneys which came to the hands of the guardian, belonging to the wards, where the charge is of maladministration of the estate of the complainants while infants, a court of equity has jurisdiction to inquire into it, and correct the errors, the more especially, when it is alleged the proceedings by the guardian were in fraud of the rights of his wards.</p> <p>2. A court of equity has plenary jurisdiction over the persons and estates of infants, and will, in the exercise of that jurisdiction, cause to be done whatever may be necessary to preserve their estate.</p> <p>3. Parties in chancery — in suit against sureties of a guardian. In a suit against the sureties of a guardian, for an account, where some of the sureties have died, the personal representatives of the deceased sureties should be made parties.</p> <p>4. Want on proper parties — at what time the objection may be tabeen. Where parties omitted in a bill in chancery are mere formal parties and not indispensable to a decision of the case upon its merits, it will be too late to make the objection at the hearing.</p> <p>5. But where the rights of parties not before the court, are intimately connected with the matter in dispute, so that a final decree cannot be made without materially affecting their interests, as would be the case with the personal representatives of the deceased sureties of a guardian in a suit against the surviving sureties for an account, the objection may be taken at the hearing, or on appeal, or on error.</p> <p>6. Descents —personalproperty — in whom the title vests in the first instance. Where an infant, who has a share in moneys in the hands of a guardian, dies in his minority, at an age incapable in law of contracting debts, his share, on his death, will vest immediately in his next of kin entitled thereto.</p> <p>7. Pa