Wickiser v. Cook

Citations

• 85 Ill. 68

Syllabus

<p>1. Guardian and ward—contracts between, after ward's majority. The mere fact that the relation of guardian and ward has existed, will not preclude the making of contracts between the two after the guardianship has ceased and the accounts fully and fairly settled. After the fiduciary relation has terminated, and the influences which that relation would necessarily create have ceased to exist, the parties may make contracts, which, if fairly</p> <p>and honestly made, based upon an adequate consideration, will be sustained.</p> <p>2. Same—conveyance by ward to guardian. Where a ward, shortly after arriving at age, was induced by her guardian, and before settlement of his accounts, to convey to him her real estate for the expressed consideration of §1300, he paying but §600, and representing that indebtedness amounting to §700 was existing against the land, when such was not the case, it was held, that as the conveyance was made upon a misapprehension of facts induced by the guardian, the transaction could not be sanctioned in equity.</p> <p>3. Same—when advance by guardian is a charge on ward’s land. Advances made by a guardian to his ward can not be regarded as a charge upon the ward’s land, until an account is presented to the county court and approved.</p> <p>4. Same—right of guardian to have his account settled on bill to set aside conveyance to him. Where a guardian procures his ward, after coming to her majority, to convey to him her land, even for an adequate price as expressed in the deed, but paying, in fact, not quite half that sum, he making the ward believe there were charges against the land for the amount not paid, upon bill filed by the ward to set aside the conveyance, the guardian can not have allowed to him the sums due him for advances made to the ward, when his account has never been presented to and approved by the county court.</p> <p>5. Charcery—setting aside a deed—refunding money received. A party seeking relief in a court of equity must do