Page:Federal Reporter, 1st Series, Volume 1.djvu/25

MICON V. LAHAE. 17 �ail the rights of Martha M. Sims vested at her death in Ann C. Sims, and that the settlement with Micon as guardian, and his release, discharged the said Lamar from all liability as guardian of Martha M. Sims. �After the revival of these suits in the name of the present plaintif, cross suits were commenced in this court, by the defendant against the present plaintiff, setting up the same defences as in his answer to the original complaints, and further averring that the present plaintiff is the sole legatee under the will of Ann C. Sims, and entitled to receive in her owu right whatever shall be recovered in these actions, and that the present plaintiff, as one of the natural guardians of said infants, approved and ratiiied all the acts of said Lamar as their guardian, and is therefore estopped to deny that those acts were in all respects legal and proper. ïhe present plaintiff, in her answers in the cross suits, denies that she was one of the natural guardians of said infants, and denies the approval and ratification of the acts of the guardian. �The four suits have been tried together upon an agreed statement of faets. �The appointment of defendant's testator as guardian of the two infants by the proper court of the place of their domicile at the time of the appointment, and his receipt soon afterwards of moneys belonging to his wards, are admitted. The condition of his bond, which is made a part of the com- plaint is, that he "will faithfully in all things discharge the^ duty of a guardian according to law, and render a true and just account of all moneys and property received by him, and of the application thereof, and of his guardianship in all respects, to any court having cognizance thereof, when there- unto required." The letters of guardianship appoint the general guardian of the person and estate of said minor "until she shall arrive at the age of fourteen years and until an- other guardian shall be appointed," and requires him "to safely keep the real and personal estate of said minor, and not to suffer any waste, sale or destruction of the same, etc., and to deliver the same to her when she becomes of fuli age, �v.l,no.l— 2 ��� �