Fidelity Deposit Co. of Maryland v. Creech

Opinion op the Court by

Morris, Commissioner

— Reversing.

Prior to November 1927 Jane Hall died intestate, leaving three infant children. J. W. Smith qualified as guardian, and up to the time of the proceeding against him by his wards (March 1932) he had made no settlement. Two of the wards had reached maturity at this date.

Making Smith as guardian and individually, Gr. W. Howard, Irvin Creech and W. M. Howard defendants, they charge that on December 20, 1927, Smith executed to himself, as guardian, his personal note for $400, due one year after date,, with the other defendants sureties; the…