Railsback v. Williamson

Citations

• 88 Ill. 494

Syllabus

<p>1. Resulting trust—evidence to show. Where a guardian appointed by will loaned money, taking a note secured by a mortgage payable to himself, he being described therein as executor of the estate of the deceased father of his wards, it was held that this was by no means conclusive evidence that the money loaned was that, of his wards, and on bill filed by them many years after to reach the land after foreclosure of the mortgage, and its purchase by the guardian, where it appeared that the guardian had accounted for all the money shown to have come to his hands, with interest, and settled with the probate court, procured his discharge and paid all taxes on the land with his own money, it was held, that no relief could be granted thereon, and the bill was dismissed.</p> <p>2. Guardian and ward—clear proof required to impeach guardian’s account. After the lapse of many years from the final settlement of a guardian with his wards after their majority, satisfactory evidence will be required to show that he holds funds in his hands not accounted .for in his settlement.</p> <p>3. Chancery—clear proof required when claim is stale. A court of equity will not readily lend its aid to establish a stale claim made many years after the transaction out of which it arises, and after the death of the party whose estate is sought to be charged, without the clearest proof of its justness.</p>