73 Iowa 23 | Iowa | 1887
W. A. Heath, the guardian on whose bond this action was brought, was appointed on the 13th day of October, 1875. A former guardian tendered his resignation of the trust on that day, which was accepted by the court, and he was ordered to turn over the estate of the wards to his successor. On the same day he paid to Heath the sum of $1,-566.90, which is all the property of the estate ever received by him. The bond sued on was not executed, however, until the 19th of October. Heath died without having accounted for the money, and it is for its recovery that the action was brought. The condition of the bond is that Heath “shall j faithfully discharge the office and trust of such guardian, j and shall render a fair and just account of such guardian - 't ship from time to time, whenever required thereunto by law, and render and paj* to said minors all moneys, goods, chattels, title papers and effects which may come into the hands or possession of'such guardian, belonging to such minors, when such minors shall be entitled thereto.”
The finding of the district court on the question cannot, therefore, be disturbed. Affirmed.