Porter v. Fillebrown

Citations

• 119 Cal. 235
• 51 P. 322
• 1897 Cal. LEXIS 885

Syllabus

<p>Guardian and Ward—Accounting}—Expenses fob Garb of Ward—Provisions of Will.—In an action by a ward against the estate of his deceased guardian for an accounting of moneys belonging to him, which came into the possession of the guardian, the defendant is not entitled to credit for the expenses incurred by the guardian in maintaining the ward during his minority, if by her will the guardian directs that no charge shall be made against the ward for any moneys loaned him, or for any expense she had been to on his account during her lifetime.</p> <p>Id.—Form of Action—Amendment of Complaint.—Where the claim of the ward, as presented against the estate of the guardian, set out in detail all the facts necessary to establish the liability of the guardian for an accounting, and the action thereon, as originally brought, was in form a mere action at law for the amount received by the guardian, which was less than three hundred dollars, it is not error for the court to allow the plaintiff to amend his complaint so as to make it an equitable action for an accounting of the trust arising under the guardianship, and thus within the jurisdiction of the superior court.</p>