In re the Guardianship & Estate of Eschrich

Works, J. William Moore was appointed the guardian of Albert C. and Charles Eschrich, and, as such guardian, received from the sale of certain lands belonging to them the sum of one thousand dollars, one half of which belonged to each. He allowed several years to pass without taking any steps in the matter of his trust, and used this money for his own purposes. On the petition of his wards he was cited to appear and render an accounting. He filed his account, in which he charged himself with one thousand dollars, and gave himself credit for $312, alleged to have been paid for two years’ board for Charles, and $468, alleged to have been paid for three years’ board for Albert. He also gave himself credit for seventy-five dollars for two cows furnished to Charles. These items were disputed, and the court disallowed the claims for board, and allowed only fifty dollars for the cows. The court also charged the guardian with seven per cent interest on the money received by him, with annual rests. The guardian appeals from and complains of these rulings.

The evidence shows that at the time of Moore’s appointment as guardian his wards were living with their elder brother, Fred Eschrich, and that they continued to live with him afterward. The evidence of Moore tends slightly to show that he stated to Eschnch that the keeping of the boys would be paid for, but his recollection of any such promise seems to be very uncertain. And whether he agreed to pay for their keeping or not, he did not do so before this proceeding was instituted, and according to Moore’s own testimony, Eschrich made no demand upon him for any such payment, nor did he claim that he was entitled to compensation for their keeping.

Moore was appointed guardian February 14,1877, and during the same year received the amount of money above mentioned. This proceeding was commenced December 1, 1888, more than ten years later. As soon [101]as the petition was filed, Moore, without any demand having been made upon him by Eschrich, or any claim being made by him against his wards, hunted Eschrich up, and proposed to settle with him for his brothers’ board, and upon settlement gave Eschrich his note for $780. There was no evidence that any fixed amount was agreed upon to be paid to Eschrich in the beginning, nor is there any evidence as to what their keeping was worth, or that it was worth anything over and above w-hat their work was worth to him. Under these circumstances the court below was clearly right in disallowing these claims.

As to the amount allowed for the cows, the evidence was conflicting as to their value, and we cannot disturb the finding on that issue.