Guardianship of Dow

VAN DYKE, J.

This appeal is taken by Clara F. Howes, executrix of the last will and testament of Felix C. Howes, deceased, from a decree settling the account of Fred C. Howes, as guardian of the estate of said Ralph G. Dow.

The said guardian, April 15, 1899, filed his account, in which he states, in his affidavit to the same, that it “contains a full, true, and particular account of all my receipts and disbursements ' on account of the said estate from the twenty-third day of May, 1891, to the thirteenth day of April, 1899, and of all sums of money belonging to the said estate which have come into my hands as such guardian, or which have been received by any other person, by my order or authority,

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for my use.” By said account a balance is found in bis hands, to the credit of his ward, in the sum of $3,576.80. The appellant, as executrix of Felix C. Howes, deceased, filed objections to said account, in which it is stated that said Felix C. Howes, deceased, was one of the sureties on the bond given by the said Fred C. Howes upon qualifying as such guardian, and that he remained as such up to his death, September 14, 1898; that Fred C. Howes is insolvent, and is unable to pay the balance, shown by the said account to remain in his hands, due his ward; that said guardian, in his account, charged himself the sum of $1,628.01 as interest coming into his hands, which interest in fact never did come into his hands, and that said interest is computed with annual rests; whereas, if any interest should be charged against him, it should be no greater than simple interest on the principal sum found to be due; that said guardian had not given himself credit in his account with certain bonds, of the face value of $4,000, or more, coming into his hands as such guardian, and that said guardian invested the funds in said bonds in good faith, for the interest of his ward. After hearing upon the account and the objections thereto, the court found, among other matters, “ that the said guardian invested all the money of said ward, coming into his hands, in bonds of the East Riverside Irrigation District, and stock of the North Riverside Land and Water Company; that said investments were made in bad faith, and that the guardian, at the time of said investment, did not regard said stock or bonds worth the amount of money invested therein, but relied wholly upon the representations of Felix C. Howes, now deceased, from whom such purchases were made, that he would guarantee the repayment to said guardian of all sums of money so invested by him, together with seven per cent interest per annum, compounded annually, upon all sums so invested; that, without said guaranty, verbally made, the said guardian would not have made said investment; that at the time of the appointment of said guardian, as such, up to and including the date of the death of said Felix C. Howes, to wit, on the fourteenth day of September, 1898, the said deceased was a man of large means, reputed to be worth about two hundred and fifty thousand dollars, and was the cashier of the Los Angeles National Bank, a banking institution of the city of Los Angeles, and was the uncle of said guardian, and that said guardian, during all of said time, was a paying teller of said