Marlow v. Lacy

Stayton, Associate Justice.

This is an action brought against T. J. Lacy and the sureties and representative of a surety on a bond executed by him as the guardian of a minor, who died in 1877, leaving a child which survived her but a few weeks.

The plaintiffs sue as heirs of the ward’s child or as assigns of heirs.

The petition shows that the property of the ward remained in the hands of the guardian until after the month of September, 1880; and that in February, 1880, the guardian filed his account for final settlement, which was approved by the probate court in the month of September of the…