If a guardian on resigning his trust fails to pay over the estate in his hands he may be sued on his bond without a demand for payment. Hudson v. State, ex rel., 54 Ind. 378; Higgins v. State, ex rel., 87 Ind. 282.

A receipt given by a ward on his arrival of age to his guardian for the amount due the ward, is not conclusive, but may be explained or contradicted by parol evidence. Beedle v. State, ex rel., 62 Ind. 26.

In an action against a guardian for failure to pay over to a ward, on the expiration of the trust funds due the ward, a note held by the guardian which is not yet due can not be included in the damages assessed. Hipes v. State, ex rel., 69 Ind. 403.

When a ward arrives at the age of twenty-one years the trust ends, and on a failure of the guardian to pay over the estate the ward may sue on his bond, or sue the guardian individually. Stroup v. State, ex rel., 70 Ind. 495; Hays v. Walker, 90 Ind. 105; Jones v. Jones, 91 Ind. 378.

If a guardian dies before the expiration of his trust a suit may be maintained against his administrator and sureties on his bond for the estate in his hands at the time of his death. Higgins v. State, ex rel., 87 Ind. 282.

If a ward sues a guardian individually on account for funds in his hands at the expiration of the trust, the suit must be brought within six years from the time the action accrues. Jones v. Jones, 91 Ind. 378.

Fifth. To pay all just debts due from such ward out of the estate in his hands, and collect all debts due such ward; and in case of doubtful debts, to compound the same; and to appear for and defend, or cause to be defended, all suits against such ward.

Guardians may sue to collect debts due their wards. Shepherd v. Evans, 9 Ind. 260. A guardian can not be ordered by a court to pay a debt due from the estate of the ward without notice to the guardian. Martin v. Beasley, 49 Ind. 280.

In a suit against a guardian to recover a debt owing by him as such the ward is not a proper party. Ray v. McGinnis, 81 Ind. 451; State, ex rel., v. Howard, 80 Ind. 466. An action will not lie against a guardian for a tort of the ward. Garrigus v. Ellis, 95 Ind. 598.

A guardian can not sue in his own name to recover damages for injuries to the lands of his wards. Wilson v. Galey, 103 Ind. 257.

Guardians must defend, or cause to be defended, all suits against their wards, and when the guardian personally appears a guardian ad litem is not necessary. Hughes v. Sellers, 34 Ind. 337.

Sixth. When any ward has no father or mother, or such father or mother is unable or fails to educate such ward, it shall be the duty of his guardian to provide for him such education as the amount of his estate may justify.

Guardians can only devote the estate of their wards to their education when they have no parents who are able and willing to furnish the wards an education. State, ex rel., v. Roche, 91 Ind. 406; State, ex rel., v. Roche, 94 Ind. 372.

2686. (2522.) Change of investment.-10. The proper court may, on application of a guardian, or of any other person (said guardian having notice thereof), order and decree any change to be made in the investment of the estate of any ward, that may, to such court, seem advantageous to such estate.

The money of the ward may be invested in real estate or improvements, under an order of the proper court; if, without order, the investment is at the personal risk of the guardian. Sherry v. Sansberry, 3 Ind. 320; Powell v. North, 3 Ind. 392.

[1879, p. 42. In force May 31, 1879.]

2687. (2523.) Death of ward.-1. Upon the decease of any ward whose personal estate does not exceed five hundred dollars, it shall be the duty of his or her guardian to report the fact of the ward's death, and the amount and condition of the ward's estate to the proper court; and such guardian shall proceed to settle his or her ward's estate without letters of administration. Claims against such estate shall be filed, litigated, or allowed, and paid, the same as in cases of executors and administrators, and distribution of the estate made under the same rules and regulations: Provided, The court shall require additional bonds, when those already given are deemed insufficient.

If a ward dies after an order to sell real estate is obtained and the personal estate of the ward does not exceed $500, the guardian under an order of court may proceed to sell such real estate without procuring another order. Wingate v. James, 121 Ind. 69.

2688. (2524.) How removed-Marriage of female guardian.—11. The court by whom or by whose clerk any guardian has been or may be appointed, or the judge thereof in vacation, may, at any time, remove such guardian, upon written application of his ward or wards, or any person in behalf of said wards, for habitual drunkenness, neglect of his duties, incompetency, fraudulent conduct, removal from the state, or any other cause which, in the opinion of such court, or the judge thereof in vacation, renders it for the interest of the ward that such guardian shall be removed, he having ten days' notice thereof; except that where such guardian so conceals himself that notice. can not be served, or his residence is unknown, or he has removed from the state, and such facts appear by the return of the sheriff, or affidavit of such [facts], notice may be given by publication in a weekly newspaper for three weeks successively, ten days before the first day of the term or time of hearing. And provided also that whenever an unmarried woman who is a guardian marries, she shall be removed, unless her husband shall signify to the court his assent in writing, filed in open court, to her continuance in said trust; which assent shall make him jointly liable with her for the due execution of said trust.

Guardians can not be removed without a notice being served upon them. Dibble . Dibble, 8 Ind. 307; Lee v. Ice, 22 Ind. 384; Colvin v. State, 127 Ind. 403.

Guardians appointed by the clerk in vacation may be removed by the court at its next term without notice. Lee v. Ice, 22 Ind. 384.

Removal from the state is cause for removing a guardian. Nettleton, v. State, ez rel-, 13 Ind. 159.

Failure to file inventories is cause for the removal of guardians. Kimmel e. Kimmel, 48 Ind. 203; Wood v. Black, 84 Ind. 279; Ex parte Cottingham, 124 Ind. 250.

The failure of a guardian to file a sufficient bond is cause for his removal. West. Forsythe, 34 Ind. 418.

Prior to the enactment of this section, on the marriage of female guardian, her husband need not file his written consent in court for her to continue to act as guardian. Harden v. Helton, 50 Ind. 319.

On an application to remove a guardian, the court can not require the guardian to at once pay over the funds in his hands. Hancock v. Heaton, 53 Ind. 111.

It is error to remove a guardian without giving him an opportunity to be heard. Ward v. Angevine, 46 Ind. 415.

The supreme court will only reverse an order removing a guardian when the discretion of the lower court has been abused. Bernhamer v. Miller, 114 Ind. 501.

When a guardian is removed on petition, he should be taxed with the costs. Bernhamer v. Miller, 114 Ind. 501.

[1867 S., p. 130. In force March 9, 1867.]

2689. (2525.) Suit on bond.-2. Whenever such guardian has removed from the state of Indiana, suit may be brought upon his bond for any cause now allowed by law, without first discharging or removing him from such guardianship.

[1863 S., p. 12. In force October 10, 1863.]

2690. (2526.) Marriage of female ward.-12. The marriage of any female ward to a person of full age shall operate as a legal dis-. charge of the guardianship; and the guardian shall be authorized to account to the wife, with the assent of the husband.

The marriage of a female ward to a man of full age, ends the guardianship, and requires the guardian to make a settlement. Kidwell v. State, ex rel., 45 Ind. 27; State, ex rel., v. Joest, 46 Ind. 235; Spicer v. Hockman, 72 Ind. 120; Swihart v. Shaffer, 87 Ind. 208.

If the husband and female ward are both minors, the guardian can not make a settlement with them. State, ex rel., v. Joest, 46 Ind. 235.

When the husband is of full age, the guardian may settle with him with the consent of the ward. Haines v. State, ex rel., 60 Ind. 41.

An infant married woman can not have a general guardian when her husband is of full age. Er parte Post, 47 Ind. 142.

If a guardian is appointed for a married woman who is over twenty-one years of age, such guardian and his sureties are estopped to deny the legality of the appointment in a suit on their bond. State, ex rel., v. Parrish, 1 App. 441.

[2 R. S. 1852, p. 321. In force May 6, 1853.]

2691. (2527.) Who may sue on bond.-13. Any bond given by any guardian may be put in suit by any person entitled to the estate, and such suit shall be governed by the law regulating suits on the bonds of executors and administrators.

See sections 2613-14.

An action may be maintained on the bond of a guardian by a ward before the settlement of the trust or removal of the guardian. Bescher v. State, ex rel., 63 Ind. 302. One ward alone may sue on the bond of a guardian. Bescher v. State, ex rel., 63 Ind. 302; Cotton v. State, ex rel., 64 Ind. 573.

When a suit is brought on a bond it should cover all existing liabilities, and if there is more than one ward the money should be paid into court for distribution. Moody v. State, ex rel., 84 Ind. 433.

An action accrues on a bond in of limitations then begins to run. 70 Ind. 495.

favor of a ward on his arrival of age, and the statute Jones v. Jones, 91 Ind. 378; Stroup v. State, ex rel.,

An action for the conversion of the estate accrues at the time of the conversion, and the statute of limitations runs from that time. Peelle v. State, ex rel., 118 Ind. 512. Failure to sue on the bond of a guardian when he removes from the State during minority of the ward, will not prevent a suit by the ward on his arrival of age. Peelle v. State, ex rel., 118 Ind. 512.

An action by a ward on account against the guardian alone for his failure to pay the ward the amount due him, is barred in six years after the cause of action accrues. Jones v. Jones, 91 Ind. 378; Lambert v. Billheimer, 125 Ind. 519.

No demand for payment is necessary before bringing a suit on the bond of a guardian. Hudson v. State, ex rel., 54 Ind. 378; Higgins v. State, ex rel., 87 Ind. 282; Buchanan v. State, ex rel., 106 Ind. 251.

Sureties on the bonds of guardians are only liable for the defalcations of their principals occurring after the execution of the bonds. Lowry v. State, ex rel., 64 Ind. 421; Williams v. State, ex rel., 89 Ind. 570; Parker v. Medsker, 80 Ind. 155.

Sureties on the bond of a guardian executed at the time of his appointment are liable for all funds received except those derived from the sale of lands. Hunt v. State, ex rel., 53 Ind. 321.

The estate of a surety on a bond is liable for breaches of the bond occurring after the death of the surety and before settlement of his estate. Voris v. State, ex rel., 47 Ind. 345; Cotton v. State, ex rel., 64 Ind. 573.

Heirs of sureties on bonds are liable to the extent of property received by them, for breaches of the bond occurring after the death of the surety. Voris v. State, ex rel., 47 Ind. 345.

Sureties on the bond of a guardian are not liable beyond the penalty named in the bond. Meadows v. State, ex rel., 114 Ind. 537.

Bonds may been forced although no penalty is named therein. State, ex rel., v. Britton, 102 Ind. 214; Britton v. State, ex rel., 115 Ind. 55.

In actions on bonds against sureties they may set off all proper expenditures made by the guardian, as well as the claims of the guardians for services. Kinsey v. State, ex rel., 71 Ind. 32; Myers v. State, ex rel., 45 Ind. 160; Corbaley v. State, ex rel., 81 Ind. 62.

It is obligatory upon sureties to show that moneys received by the guardian has been properly applied or accounted for. State, ex rel., v. Page, 63 Ind. 209; Yost v. State, ex rel., 80 Ind. 350.

A guardian may sue on the bond of his predecessor in the trust. Cogswell v. State, ex rel., 65 Ind. 1.

Creditors of the estate of a ward may sue on the bond of the guardian when they are injuriously affected by his misconduct. State, ex rel., v. Fitch, 113 Ind. 478.

An infant relator may be allowed to prosecute an action on the bond as a poor perBritton v. State, ex rel., 115 Ind. 55.

son.

If a guardian mixes trust funds with his own, or uses the same in his business, he is guilty of conversion. State, ex rel., v. Sanders, 62 Ind. 562; Lowry v. State, 64 Ind. 421. Concealment by a guardian of the fact of receiving money due his ward is a conversion. Asher v. State, ex rel., 88 Ind. 215.

If a guardian in payment for property purchased on his own account assumes a debt due the estate of the ward, it is a conversion of such debt. Hogshead v. State, ex rel., 120 Ind. 327.

Taking notes by a guardian in his own name for money due the estate is not a conversion. Richardson v. State, ex rel., 55 Ind. 381.

The final settlement account of a guardian can not be questioned in a suit on the bond of the guardian so long as such settlement remains in force. Peacocke v. Leffler, 74 Ind. 327; Holland v. State, ex rel., 48 Ind. 391; Castetter v. State, ex rel., 112 Ind.

Such settlement is only conclusive as to matters adjudicated upon in approving such settlement. Wainwright v. Smith, 106 Ind. 239.

Orders made by the court during the guardianship can not be attacked after a final settlement and discharge of the guardian, by a suit on his bond. State, ex rel., v. Wheeler, 127 Ind. 451.

The approval of a final settlement account is no evidence that the guardian has paid the ward the money due him. Naugle v. State, ex rel., 101 Ind. 284.

In actions on guardians' bonds ten per cent. should be added to the amount found to be in the hands of the guardian. Baldridge v. State, ex rel., 69 Ind. 166; Stroup v. State, ex rel., 70 Ind. 495; Kinsey v. State, ex rel., 71 Ind. 32; Peelle v. State, ex rel., 118 Ind. 512.

In an action against the representatives of a deceased guardian to recover funds in his hands at his death, the ten per cent. penalty should not be added when there is no demand before suit. Buchanan v. State, ex rel., 106 Ind. 251.

Exemplary damages may be allowed in actions on bonds of guardians. Colburn v. State, ex rel., 47 Ind. 310; Baldridge v. State, ex rel., 69 Ind. 166; Peelle v. State, ex rel., 118 Ind. 512.

Failure to file an inventory only authorizes the assessment of nominal damages unless actual damage is proven. Buchanan v. State, ex rel., 106 Ind. 251.

An action on the bond of a guardian is triable by jury. Galway v. State, ex rel., 93 Ind. 161.

Judgments on bonds of guardians should be made collectible without relief of appraisement laws. Potter v. State, ex rel., 23 Ind. 607; Williams v. State, ex rel., 89

Ind. 570.

If a husband, who is the guardian of his wife, uses the rents of her property with her consent in the support of the family, he can not be required to account for such rents in a suit on his bond. State, ex rel., v. Parrish, 1 App. 441.

2692. (2528) Sale of real estate.-14. Whenever necessary for the education, support, or payment of the just debts of any minor, or for the discharge of any liens on the real estate of such minor, or whenever the real estate of such minor is suffering unavoidable waste, or a better investment of the value thereof can be made, the proper court may, on the application of such guardian, order the same, or a part thereof, to be sold.

This section confers power on the court to direct an exchange of the lands of the ward for other lands. Nesbit v. Miller, 125 Ind. 106.

The court where the guardianship is pending may direct the sale of lands of the ward situate in any county of the state. Ex parte Shockley, 14 Ind. 413.

2693. (2529.) Application.-15. Such application shall set forth specifically

First. The value and character of all personal estate belonging to such ward that has come to the knowledge or possession of such guardian.

Second. The disposition made of such personal estate.

Third. The amount and condition of the ward's personal estate, if any, dependent upon the settlement of any estate or the execution of any trust.

Fourth. The annual value of the real estate of the ward.

Fifth. The amount of rent received, and the application thereof.