Brodrib v. Brodrib

McKee, J.: The Probate Court of San Bernardino County revoked letters of guardianship which had been issued to the defendant Edward Brodrib, as guardian of the person and estate of W. H. Brodrib, a person who had been adjudged insane, and ordered him to render a full, true, and final account of his guardianship. In obedience to the order, the guardian presented his final account, and the same was settled and allowed by the Court. Upon the settlement, there was found due to the estate of the ward a balance, which the defendant Edward failed and refused to pay to [564]the plaintiff, and this action was brought upon his official bond to recover the amount.

To the complaint in the action, the defendant Edward answered, by way of defense and cross-complaint, that, at the time he presented the final account and report of his guardianship, he was in such a condition, physically and mentally, as rendered him legally incompetent to make and render an account of his trust, and to transact any business, and the account itself is “ false and untrue. ”* Each of the other defendants set up a like defense.

The Court sustained a demurrer to the cross-complaint, and on the trial of the case excluded all evidence offered by the defendants to sustain their defense ,• and these rulings are assigned as errors.

The evidence was properly excluded; for it was not admissible for the purpose of showing that the account of the guardian, which had been settled and allowed by the Probate Court, was not a true and correct statement of his transactions as guardian with the estate of his ward. That Court had jurisdiction of the estate, and of the person of the guardian, and of the settlement of his accounts; and if it committed any error or irregularities in the exercise of its jurisdiction, the guardian had an adequate remedy for their review and correction, by appeal from the judgment or order. No appeal was taken; and when the action was tried, the judgment or order remained in full vigor. There was, therefore, an end of all inquiry into the correctness of the account, as it had been finally settled by the proper tribunal.

Nor was the evidence admissible for the purpose of showing a" disability on the part of the guardian to defend himself in the settlement and allowance of the account. The presumption is, that the guardian was sane when he presented his final account to the Probate Court, and when the Court adjudicated it. No suggestion of insanity was made at any time during the course of the judicial proceedings against him. If there had been, the Court, in the exercise of its authority, would have considered the matter, and if found true, would have appointed some person to represent him. In the absence of such a suggestion, the Court rightfully exercised its jurisdiction over the person of the guardian, and the judgment which it rendered against him was