In re Bates' Guardianship

• Decision Date: 30 July 1918
• Docket Number: 8519.
• Citation: 174 P. 743,70 Okla. 321,1918 OK 442
• Parties: In re BATES' GUARDIANSHIP.
• Court: Oklahoma Supreme Court

174 P. 743

70 Okla. 321, 1918 OK 442

In re BATES' GUARDIANSHIP.

No. 8519.

Supreme Court of Oklahoma

July 30, 1918

Syllabus by the Court.

In case orders or judgments of courts of record are lost or not reduced to writing, upon proper application and proof satisfactory to the court, they may be supplied or substituted, but in a collateral proceeding parol testimony as to the contents of such orders or judgments is not admissible; the originals or duly authenticated copies thereof being the only competent evidence of their contents.

The county court is without authority to authorize the guardian of the property of minors to lend money belonging to the ward's estate to the guardian, himself, or by order of the court to give validity to any subterfuge in such respect.

Facts in the instant case examined, and held, that the trial court committed no error prejudicial to the appellant in reducing in amount items for which the guardian in his final report asked credit and to which objections were filed.

Commissioners' Opinion, Division No. 1. Error from District Court, Mayes County; Chas. G. Watts, Judge.

In the matter of the guardianship of Chrystal Iva Bates, minor. From an order of the court disapproving certain items of credits claimed in his final report as guardian of Chrystal Iva Bates, a minor, W. L. Bates brings error. Affirmed.

Kent V Gay, of McAlester, for plaintiff in error.

J. H Langley and A. C. Brewster, both of Pryor, for defendant in error.

STEWART C.

W. L Bates was appointed by the county court as guardian of an estate belonging to his minor daughter, Chrystal Iva Bates. By order of the court, and without objection on his part, he was removed from such guardianship and required to render final account, which account was rendered, and, the court having appointed a guardian ad litem for the minor, certain objections were made to items of credit for expenditures claimed in the final report. The report filed showed on its face that the disbursements were greater than the receipts, leaving a balance due the guardian in the sum of $698, which, however, the guardian in the report generously offers to give the ward; his chief concern being for an order releasing him and his bondsmen from further liability. The county court reduced the items of credit claimed and found that the guardian was indebted to the estate in the sum of $2,188.70. On appeal to the district court, special findings were made by the court, the net result being that the guardian was held to be indebted to the estate in the sum of $1,015.30, and order was made settling the account in accordance therewith, from which order the guardian appeals to this court.

The items of disbursement to which exceptions were taken were as follows: Purchase of house and lot with funds of the minor $1,500; building one house for minor, $500; services of guardian, $122; maintenance of ward, $360; loan to Fannie Bates, $750. The court allowed the items to which objections were not made, but reduced each of the contested items to the amount in which he found the estate received value from the expenditure shown. The item of $1,500 was reduced to $625; the item of $500, to $175; the item of $122, to $50; the item of $360, to $180; the item of $750, to $480. Deposition of the guardian was taken at Leavenworth, Kan., in which he gave testimony, over objection as to its competency, that the investments of $1,500 and $500 and the loan of $750 were made by order of the court. A number of checks on the bank in which the funds were deposited are introduced in evidence, which checks have marked thereon the approval of the county judge, and which checks the guardian testifies were used in the investments which he claims to have made for the ward. The evidence shows that the bank would not pay out money on the checks of the guardian without the approval of the county judge on each individual check; hence such approval. ...