Byrnes's Case

Opinion by

Me. Justice Drew,

P. F. Gallagher was appointed guardian of the estate of Joseph A. Byrnes, a weak-minded person, on February 5, 1919. In October, 1929, a mortgage owned by the estate was paid and the $6,165 received therefrom deposited in a checking account in the Northwestern Trust Company. On June 24, 1930, $5,000 of this deposit was transferred to an existing savings account in the same institution. On July 17, 1931, the Trust Company failed, the deposit in the savings account then totalling $6,747.10.

On October 16, 1935, the guardian filed his first and partial account, claiming…