Guardianship of O'Connor

NOURSE, P. J.

An appeal was taken by the ward in an incompetency proceeding from the specific portion only of the order of the trial court confirming the referee’s report, sustaining the incompetent’s exceptions to the five annual accounts of her guardian, and settling the guardian’s accounts, which portion appealed from refused to allow the ward interest on certain items found to have been misappropriated by the guardian.

On May 21, 1930, Joseph P. Donahue, a brother of Mary O’Connor, an incompetent, was appointed guardian of her person and estate. He gave a surety bond in the sum of $17,000 executed by the Massachusetts Bonding and Indemnity Company. On June 1, 1931, he filed his first annual account, charging himself with moneys and bonds of the

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total value of over $64,000. The surety bond was not increased, and, though a joint control arrangement was made, it was never exercised, and the banks paid out .the funds of the estate on the check of the guardian alone.

From the time of his appointment, the guardian commenced the looting of the estate of his sister and continued until she was restored to competency on July 16, 1935. On the day following his appointment, the guardian drew a check for $500 to himself and appropriated the proceeds to his own use. From a total of’ over $71,000 in cash and bonds received by him as guardian he delivered to Mary O’Connor about $30,000 when she was restored to competency. His five annual accounts showed expenditures purportedly made for the benefit of the ward which were found to be false and fraudulent, and the final account showed a “shortage” of over $4,000 for which he made no explanation. To carry out his plan of looting the estate he involved his wife, his relatives, the nurses, his liquor dealer, his grocer, pharmacist, and his barber. He had his wife charge the ward for board and nursing at her home when the ward was confined to a hospital where he paid board and nursing charges for the same period; he had relatives come as guests in his house and then charged the ward’s estate for their board and lodging; he permitted his doctor to present a highly exorbitant bill for services which he claimed to have rendered for the ward; he drew checks on the estate in favor of the nurses far in excess of the amount of their wages, had them cash the checks and give him the difference for his own use; he purchased large quantities of liquor for his own use and paid the dealer with checks drawn on the estate; he bought drugs, groceries, flowers, clothing and household supplies for which he paid with checks upon the estate. In many of these transactions, small quantities of goods were purchased and checks far in excess of the amount charged were given and cashed. The proceeds he put in his pocket, and his only explanation was that he “gambled it”. In the same manner he purchased his own clothing and household supplies, and paid his dentist, oculist and barber, and his wife’s laundry.