91 Iowa 606 | Iowa | 1894
3 It is true that, ordinarily, there is no breach of a guardian’s bond until there has been a settlement of the guardian’s account, or a failure on his part to obey a mandate of the court requiring him to account. O’Brien v. Strang, 42 Iowa, 643; Gillespie v. See, 72 Iowa, 345, 33 N. W. Rep. 676; Code, section 2251. But, in the case at-bar, there could have been no settlement with the guardian, or anyone representing her. It would have been a useless form to appoint an administrator, and order him to make a settlement of the accounts. The sureties were the proper parties to make such settlement. It is to be remembered that the facts in this case do not show that the guardian removed to another state, and there took into her possession property located in that state, and over which the courts of this state had no jurisdiction. The only estate of the ward consisted of the quarterly payments of pension money. Every dollar received was faithfully reported to the court by the guardian. No extraterritorial orders were necessary to the management of the fund, and so long as the guardianship
There are other questions presented, which we do not think necessary to discuss. The account stated by the court, and the balance found to be due, appear to be fully warranted by the evidence. Aefibmed.