Carlson v. West

PLUMMER, J. On the 20th day of February, 1935, August West filed his petition in the Superior Court of Mendocino County praying for an order of the court discharging him from his position as guardian of the estate of Tune Carlson, a minor. This petition was not accompanied by any final account or statement as to whether any of the property of the estate of said minor had come into his possession since the hearing on the 15th day of April, 1927, settling an account theretofore filed by him, denominated as a “fifth” account, and also as a “final” account.

The petition for discharge alleged the appointment of the petitioner as guardian of the estate of a minor, and further alleged that said minor was born on the 11th day of April, 1912, and that more than one year had elapsed since said minor became of age. Thereupon, said minor filed objections to the discharge of said guardian, setting forth that an account filed by said guardian on the 29th day of July, 1918, contained fraudulent representations and concealments as to the amount of money received by said guardian belonging to the estate of said minor, and also, as to the amount of moneys expended on behalf of said ward.

In the second count of the objections filed by the minor, it is alleged that on the 12th day of August, 1919, said guardian filed an account in which he purported to have expended for the benefit of said minor the sum of $1,070, whereas in truth and in fact said guardian had only expended the sum of $710, and fraudulently failed to account for the difference between said items.

The objections further stated that on the 31st day of August, 1926, said guardian filed an account in which he purported to have expended and disbursed for the benefit of said minor the sum of $1280, whereas in truth and in fact said guardian only expended the sum of $20.

As illustrating the character of the objections filed, and the sufficiency thereof, we set forth in full paragraph 4 of the objections, to wit:

[344]“That the said August West, as guardian in the above entitled matter, did on or about the 25th day of August, 1919, prepare and file in said court in the matter of said estate of said minor, an account purporting to be the third annual account as guardian aforesaid, covering a period from the 21st day of August, 1918, to the 12th day of August, 1919, wherein he did set forth, allege and account for the sum of $1070.00 thereof, as having been disbursed, and represented in and by said account that he had expended to and for the purposes and in behalf of this minor the sum of $1070.00, and affiant, on information and belief, alleges that said August West did fraudulently and intentionally represent to the court the fact that he had paid to and on account of said ward the sum of $1070.00, whereas in truth and in fact he had paid out for and on account of said ward the sum of $710.00 only; that by reason of said fraudulent account and conduct of the said August West, and not otherwise, said court did approve said account so filed, as aforesaid.”