Rawson v. Corbett

Citations

• 150 Ill. 466
• 37 N.E. 994

Syllabus

<p>1. Gtüabdian — liability for interest on money not loaned. A guardian is liable to his wards for interest on money coming to his hands which he neglected to loan, and which might have been loaned.</p> <p>2. Same — account, how to be stated. Where, at the time a guardian receives h sum of money belonging to his wards, they are indebted to him in considerable amounts, and he continues thereafter to make advances for their maintenance and education, and to pay other sums of money that are charges against their estate, the correct rule for stating his account is to arrange the items thereof in chronological order, and make annual rests.</p> <p>3. Where, however, the guardian fails for several years to make an inventory or annual report, and makes his final account without annual rests, and no objection is made thereto by the wards, the court may adopt the course of adding to his account such items as he should have been charged with but are omitted by him.</p> <p>4. Same — allowance of an attorney’s fee. Where the failure of a guardian to file an inventory and make reports required by law is the principal cause of the intricate and complex condition in which his accounts are involved, and the great labor required in attending to the matter is owing to his own neglect, his wards ought not to be required to pay an attorney’s fee for services in stating the account.</p> <p>5. Dower — right to rents — before assignment. A surviving wife or husband is not entitled to rents and profits as damages for non-assignment of dower, which have accrued prior to his or her demand for dower and a refusal to assign the same. But the commencement of suit for dower is treated as a demand therefor.</p> <p>6. Same — former decisions — obiter dictum. The opinion of the court in Lenfers v. Henke, 73 Ill. 405, in so far as it states that at common law an infant heir may assign dower, is obiter dictum.</p> <p>7. Same — guardian can not assign dower to himself. Even if the general rule were th