McCleary v. Menke

Citations

• 109 Ill. 294

Syllabus

<p>. 1. Jurisdiction—of county court in citation to guardian, and passing upon his accoumt. Where a person has been appointed guardian of three minor children under a single order of the county court, and he has neglected to discharge his duties and failed to render any account, and two of the wards have died without issue, and a curator has been appointed by the proper court in another State, of the surviving ward, such other State being at the time his residence, such curator will have the right to cause a citation to issue against the guardian, and the county court will be invested with jurisdiction to require an investigation of the entire account, and find the whole sum for which he is chargeable, and such finding and judgment being affirmed, by consent, on appeal to the circuit court, is conclusive in any action afterward brought on the guardian’s bond.</p> <p>2. Administration—when not necessary, to collect money due decedent. Where two wards died in 1869, while mere infants, leaving no issue, and being incapable in law of contracting any debts, and leaving their mother and a brother their- only heirs at law, and the mother died April 4, 1873, so that the brother succeeded to any estate they had, it was held, that the brother, or his curator, was authorized by law to collect from their guardian any moneys of his wards in his hands, and that it was not necessary to have an administrator of the estates appointed to collect and receive such money due them.</p> <p>3. Foreign guardian—right to take steps to collect money due his ward. A foreign curator or guardian of an infant may cause a citation to issue against a guardian appointed in this State, and require him to make a settlement of his guardianship, and thereby ascertain the money in his hands belonging to the ward, without first obtaining an order of court allowing such foreign curator to sue for or collect the same, that proceeding not being strictly an action to collect the money. It is sufficient if he