In re Stude's Estate
| Decision Date | 03 April 1917 |
| Docket Number | 31165 |
| Citation | 162 N.W. 10,179 Iowa 785 |
| Parties | IN RE ESTATE OF HENRY STUDE. v. DOMONICK GROSS, Administrator, Appellee MARY STUDE, Appellant, |
| Court | Iowa Supreme Court |
Appeal from Pottawattamie District Court.--E. B. WOODRUFF, Judge.
DOMONICK GROSS filed his final report as administrator of the estate of Henry Stude, deceased, March 27, 1915. Among other things he recited that Stude had been guardian of Christian Arndt and John, Margaretha, and Hattie Stude; that he had filed a report, February 9, 1912, disclosing that he had, on January 1st preceding, of the moneys of his wards, $ 1,374.07 belonging to Christian Arndt, and $ 1,912.09 belonging to each of the others; that Arndt had attained his majority, and Henry Vogt had been appointed guardian of the other three that no money had come into his hands until March 18, 1915 and that 4 per cent interest per annum should be paid on these amounts; that there was nothing more to be done other than to pay over the several sums, with interest. He prayed that the court determine the amount still due Mary Stude, widow of decedent, fees to be paid his attorneys and himself, and that he be authorized to make payments accordingly, and settle with Arndt and Vogt. The court entered an order, among others, that the administrator settle with The widow, Mary Stude, appeals.
Affirmed.
Ine D. Shuttleworth and W. H. Killpack, for appellant.
No argument for appellee.
The decedent had been guardian of the estates of four children, and a considerable sum of money belonging to each had come into his hands. The administrator of the decedent's estate was ordered to pay over these several sums, with interest at the rate of 4 per cent per annum added from the date of the last report of decedent as guardian, and it was further ordered that the distributive share of the widow of decedent be one third of the estate after paying the moneys owed these wards by decedent as guardian. She contends "that, at the time of the death of Henry Stude, deceased, and prior thereto, that the funds in his hands as guardian of said children, were borrowed and used by him under the orders of the court, and was not a trust fund as contended by appellee, and that the dower interest of the said appellant in her husband's estate was not liable for the payment of said funds, but that said funds should be taken from the two-thirds interest coming to the children of Henry Stude, deceased."
The record disclosed that payment of interest on the several funds was exacted from the guardian by order of court, and subsequently from the administrator of his estate; but the grounds for so doing are not disclosed, and surely it is not to be inferred from the mere order that this was owing to any loan made by decedent as guardian to himself individually, with or without an order of the court. Title to the several funds was in the several wards and so remained, unless these sums were converted by the guardian to his own use, and there was no evidence so showing. The relation between the guardian and wards is that of trustee and cestui que trust, but the trust is not one which gives to the guardian the legal title to the wards' estate, as in case of administrators, executors, and trustees appointed by deed, by will, or by the court. The guardian's duties entitle him to the possession of the ward's property, but his possession is the possession of the ward, in whom the legal title remains. Rollins v. Marsh, 128 Mass. 116, 118; Hutchins v. Dresser, 26 Me. 76; Newton v. Nutt, 58 N.H. 599. Actions, save for injury to possession, are to be brought in the name of the ward, rather than that of the...
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