Mortimer v. People ex rel. Wells

Citations

• 49 Ill. 473

Syllabus

<p>1. Guardian and ward&emdash;guardian alone responsible for the application of his ward’s money. In an action of debt against M, upon his bond as guardian, it appeared in proof, that M made a settlement of his guardian’s account with the probate court, and that upon such settlement, M, by order of the court, executed to A, who was appointed his successor, a note for the amount found to be owing by him, and was thereupon discharged ; that M afterward paid A a portion of said note in money, and at A’s request made a payment for lumber to the extent of .the balance of the note, and which lumber A used in improving the real estate of the wards. On the trial, the court below refused to allow M credit for the money paid for the lumber. Held, that this was erroneous; that the payment for the lumber amounted to the same as a payment in money, and should have been allowed as a credit.</p> <p>2. A guardian may receive his ward’s money, and when received, he is responsi ble for its application. If he misapplies it, no new liability is created against the parties from whom it was received, as it is no part of their duty to see that the guardian faithfully applies it.</p>