Whinery v. Hammond Trust & Savings Bank

The only question for our determination is whether or not the trial court erred in its action on the petition filed by the guardian ad litem. We have set out the pleadings, the finding, and the decree, in the main action, for the reason that they are inseparably connected with the question to be decided in this appeal. The main action is the source of those elements which exert a controlling influence on the questions whether an allowance ought to be made; and if so; by whom the allowance ought to be paid.

It is apparent that the complaint was intended to serve a double purpose: (1) as a…