45 Ind. App. 524 | Ind. Ct. App. | 1909
Appellant was duly appointed guardian of appellees, and upon appellee Allie E. Kitchen’s coming of age, filed his final report and asked to be discharged from his trust. In his final account he claimed credit for sums amounting in the aggregate to $324, paid out as attorneys’ fees, for $50 for his own services, and for a certain amount for expenses incurred in conducting the business of his trust. Exceptions were filed by said appellee to this final account, on the ground that the charges for attorneys’ fees and for his own services and expenses were unreasonable. The issues arising on the exceptions were submitted to the court for trial, and at the appellant’s request a special finding of facts was made and conclusions of law stated thereon by the court. Appellant excepted to each conclusion of law, and his motions for a venire de novo and new trial were overruled, and judgment rendered requiring appellant to restate his account, taking credit for $275, and no more, for attorneys’ fees, and $26.65 and no more, for his services.
It is insisted by appellant: (1) that the court below erred in its conclusions of law upon the facts found; (2) that the facts found were not sufficient to authorize judgment thereon, and that the court erred in overruling his motion for a venire de novo; (3) that the evidence is insufficient to support the finding of the court.
Appellant filed his final settlement and account in the court below, in which he charged himself with an aggregate snm of $716.60 received by him on account of his trust, and claimed credit for various items, principally expenses of guardianship. Among other items was the sum of $324.45, paid out as attorneys’ fees, and the sum of $50 for his services. The exceptions filed called in qiiestion these two items alone in his account, all others, so far as the questions here are involved, were unchallenged, and it was the issue thus presented which the court tried, and upon which the finding was made. Therefore the only question the court was required to determine was what was a reasonable allow
Judgment affirmed.