135 Minn. 346 | Minn. | 1917
The facts in the case are as follows: One Nelson was by the probate court of Becker county duly appointed guardian of the property and estate of plaintiff during his minority. Nelson duly qualified and executed with defendant as surety the usual guardian’s general bond conditioned, among other things, that the guardian should well and faithfully discharge all the duties of his trust according to law. The property of the ward consisted of a small amount of money, and certain real estate situated in Becker county. Not long after the appointment, the guardian petitioned the probate court for license to sell the real estate, and the license was duly granted. • In compliance with the statute in such cases provided (G. S. 1913, § 7354), the guardian duly executed the sale bond, conditioned for the just and faithful discharge of the duties of the guardian in respect to the sale, and to pay over and account for the money received therefor. The sale was made and the guardian received the sum of $1,066, as the proceeds thereof. This he appropriated to his own use, and never accounted for, though required to do so by order of the probate court.
Upon arriving at his majority plaintiff, the ward, brought this action against the surety on the original or guardian’s general bond, to recover the amount so received and converted by the guardian with interest and costs of suit. The guardian was not made a party, and the surety interposed in defense that the general bond was not liable for the proceeds of the sale of the real estate; that the special sale bond was exclusively holden therefor. The court overruled this claim and ordered judgment for the amount claimed with interest. Judgment was so entered and defendant appealed.
The one main question, namely, whether the general bond of a guardian is liable for the proceeds derived from the sale of the ward’s real
This disposes of the case, and covers all that need be said in disposing of the points made, except that there was no error in allowing interest on the money converted by the guardian.
Judgment affirmed.