57 Iowa 519 | Iowa | 1881
I. The defendant was the guardian of the plaintiffs. After they became of age they caused a citation to be issued requiring defendant to make a report to the Circuit Court of his transactions as guardian. The case was by the Circuit Court sent to a referee, who reported the money received and paid out by the guardian. The defendant claimed compensation for his services and for the support of the wards, who, as the referee found, were taken into the family of the guardian and there maintained as his own children, he receiving their services until they became of age. The referee, in his report, submitted to the court the questions involving the defendant’s right to the- compensation so claimed by him, as well as the sufficiency and effect of the reports made by the
The cause seems to have been regarded as an action in chancery, after the petition of defendant and cross-petition of plaintiffs were filed, setting up their respective claims. It is so regarded by both parties in this court, who unite in claiming that it is triable de novo here.
We do not understand that the amount of the various items in the respective accounts are disputed, the questions in the case involving the correctness of the decision of the court in allowing certain matters charged in defendant’s account. No other questions are discussed by counsel. The testimony, as presented to us in the abstract, we think, sufficiently established the various matters allowed by the court. We are required to determine whether the plaintiffs are chargeable with some of these items.
The orders by the Probate Court allowing the defendant his charges for the support of his wards, are to be regarded as binding upon plaintiffs, so far at least as to establish prima facie the right of the defendant to have credit for the items allowed. As it is not shown that the allowances are not just and proper, there is no ground for denying to defendant credit therefore. The court below correctly allowed defendant for expenditures made under these orders.
III. The record of one of the orders seems to have been imperfect or wanting. There is evidence showing that when the report of the guardian was made asking for the order, it was allowed. Even if the record of the order be imperfect or wanting, we think the defendant ought now tobe credited with the sum then allowed. The defendant ought not to be subjected to the hardship which would result from refusing him credit for the expenditure approved by the court, for the reason that, through no fault on his part, a record of the court’s order was not made.
Affirmed.