In re the Judicial Settlement of the Accounts of Owens

The allowance of $798 to the guardian for the ward’s maintenance should be reversed. Because of the relation between the guardian and the ward, the intention to charge for care must be shown by clear and convincing proof. It must appear that the expenditure was necessary for the best interests of the infant. She could have been maintained without expense by other relatives of the same degree as the guardian. The funds of her estate were not in fact applied toward her support, but were used for other purposes, and the claim for maintenance was made only after it appeared that the purposes for…