In re Accounts of Moran
In re Accounts of Moran
Opinion of the Court
delivered the opinion of the Court:
This case was transferred to this court from the General Term of the Supreme Court of the District of Columbia, where it was pending on appeal at the time this court was organized. The appeal was taken from a decree passed by a special term held for orphans’ court business, to the General Term.
The proof returned by the auditor disclosed great looseness in the management of the ward’s estate by the guardian. There had been no regular accounting — indeed, no accounting at all; and no account that could be called such,, had been kept by the guardian. The only excuse for this neglect of duty is the probable want of knowledge of proper business methods, on the part of the guardian. The real property greatly depreciated in its rental value, while under the management of the guardian, and the income from that source was greatly reduced. But there was little or no excuse for the neglect of duty in attending before the auditor, and after-wards before the court,,to furnish all the means in her power to have proper accounts stated of her guardianship. After the auditor had stated his accounts, and made report thereof,
The amount thus found due and decreed against the guardian would seem to be the result of the application of strict principles Of accountability; but we are not able to say that the court below was in error in applying strict principles to the case. In view of the repeated defaults and neglects of the guardian to appear and defend against possible errors in the account, she is not in a position to claim the benefit of any presumptions that might have been invoked, if she had shown herself ready and willing to account fully and fairly for her trust. At any rate, it is incumbent on her, on this appeal, in order to procure a reversal of the decree appealed from, to show clearly and beyond reasonable question, that the decree made by the court below is substantially erroneous. But this, after carefully examining the evidence, we think she has failed to do. We do not find any such error in the decree as will justify this court in reversing it, and it must therefore be affirmed, with costs to the appellee.
Decree affirmed.
Reference
- Full Case Name
- In re ACCOUNTS OF MORAN
- Status
- Published