Wann v. People ex rel. Birk

Citations

• 57 Ill. 202

Syllabus

<p>1. Gtjabdian’s bond—liability of the sureties thereon. The sureties upon the general bond of a guardian are liable for the rents of the lands of the ward leased by the guardian, notwithstanding the requirement of section 135 of the chapter of the Statute of Wills, that the guardian, before leasing such lands, shall execute a special bond, conditioned faithfully to apply the moneys to be raised therefrom to the benefit of the ward. The giving of the new bond required by that section of the statute can not be construed as a release from ultimate liability of the sureties on the general bond.</p> <p>2. So where a guardian leased the lands of his ward, under an order of court authorizing the leasing, and also requiring him to execute a bond conditioned for the faithful application of the moneys thus to be raised, to the benefit of his ward, the order being made in pursuance of section 135 of the Chapter of Wills, but the guardian failed to give the bond, it was held, the sureties on the guardian’s general bond were liable to the ward, the guardian failing to account, and being insolvent, for the proceeds of the leased premises.</p> <p>3. Same—action on—when maybe brought. Upon objection that a suit could not be maintained upon the bond, until there had been a settlement in the court of probate, an order by the court fixing the sum due and directing its payment, and a refusal by the guardian to pay, it was held, the guardian could not prevent an action on the bond by refusing or failing to rentier an account; that whenever he committed a breach of any of the conditions of the bond, he was liable to an action, and that, the declaration averring the removal of the guardian, the appointment of a successor, the making of an order by the probate court directing the guardian to pay and render to his said successor all moneys in liis hands, with a breach that he did not so render and pay as directed by said court, on which breach issue was joined that he did render and pay t