In re Allgier

McKee, J. —In November, 1867, Henry Brickwedel was appointed by the Probate Court of Sutter County guardian of the persons and estate of Delia and Augusta Allgier, then the infant heirs at law of Nicholas Allgier, deceased. The appointee qualified, took charge and control of his wards and"'of their estate, and continued in office until the day of his death. He died in the month of April, 1883, without having made a final settlement with the court of his guardianship.

After his death his executors presented to the Superior Court of Sutter County a report in writing of the condition of the estate, accompanied by a final account which the court settled and allowed. The account was addressed to the probate jurisdiction of the Superior Court—a jurisdiction which is separate and distinct from the jurisdiction of the court in ordinary civil actions.

[229]A final account presented by a guardian is properly addressed to the Probate Court that has jurisdiction of the estate of the ward. But in this instance the account was not presented by the guardian, for he had died before its presentation, and at the time of its presentation he was not in office. Besides, the office had terminated long before his death, for one of his wards attained the age of majority in November, 1870, and the other in August, 1876.

When a ward attains the age of majority the office of guardian comes to an end, and it is then the duty of the guardian, and one of the obligations of his bond, to exhibit a final account of his guardianship to the Probate Court, make a settlement with the probate judge, or with the ward, and deliver all the property in his hands belonging to the ward. (§ 1754, Code Civ. Proc.) Failure to do this constitutes a breach of his bond for which he and his sureties are liable after settlement of the guardianship.

Settlement of the final account of a guardian only includes transactions during the minority of the ward; it does not include transactions occurring after the ward has attained his majority. When that event happens the ward is sui juris; and the legal liability which attaches to him, for any services rendered to him by his guardian, arises not out of the relation of former guardian and ward, but out of the contractual relation established by the transactions between them as contracting parties. Such a liability is not enforcible within the jurisdiction of a Probate Court; the remedy upon it lies, not in a probate proceeding, but in an action at law.