Riley v. Ruoff

DORAN, Acting P. J. This is an appeal by Rebecca Riley, as administratrix of the deceased ward’s estate, from an order in the guardianship proceeding, approving account of closing expenses, discharging the guardian, Naomi Blair Ruoff, and exonerating bond; and denying objections to closing expenses, petition for surcharge and for vacation of order.

Alfred G. Blair died July 8, 1950, leaving the entire estate to wife Susan for life, with remainder for life, share and share alike to the respondent daughter, Naomi Blair Ruoff and to Phoebe L. Bonnen, and their survivor. On August 2, 1950, Naomi was appointed executrix of Mr. Blair’s estate. On August 8, 1950, the widow, Susan, was declared incompetent and Naomi became guardian of both person and estate.

Although Mr. Blair’s estate was sufficient to provide a widow’s allowance, no application therefor was made by anyone. Naomi, as guardian, secured in Susan’s guardianship proceeding, an order for the widow’s maintenance, of not to exceed $500 per month for 14 months. No appeal from this order was taken. The maintenance of Susan, under this order, was accordingly paid from the guardianship estate until Susan’s death on May 2, 1951, the sum of $5,216.58 being so paid.

Subsequent to the death of Susan, Phoebe L. Bonnen was appointed administratrix of Susan’s estate, and on August 31, 1951, Naomi filed a final account as Susan’s guardian, showing the above mentioned expenditure for Susan’s maintenance. No objections were filed to this account and the same was duly approved and settled; no appeal was taken from the order made. Thereafter, Naomi, the retiring guardian, sought the vacation of this final settlement with leave to file a supplemental and amended report to include additional matters not relating to the widow’s allowance. To certain items of this final account, Phoebe L. Bonnen, Susan’s administratrix, filed written objections, but made no objection that the guardian’s report did not show application in Mr. Blair’s estate for a widow’s allowance nor that the report wrongfully showed maintenance from the ward’s estate. Subsequently thereto, Phoebe resigned as administratrix and Rebecca Riley, appellant herein, was appointed as Susan’s administratrix.

At the hearing on the objections, at which all interested parties were present in person or by counsel, the trial court determined that payment made by Naomi as the guardian, of certain notes of Alfred G. Blair, amounting to $18,453.94, [834]