Page:Federal Reporter, 1st Series, Volume 1.djvu/22

 14 FEDEEAL BEPOBTEB. �no injury ia done to any one — ^no man's rights are invaded or affected injuriously by the appointments — and ample op- portunity will be given, before a full bench, on full argument, to have this disputed question finally determined. I Bhall tlierefore make the appointments of supervisera of election as suitable names shall be presented to me by the chief super- visor of elections for this district. ���MicoN, Administratrix, etc., v. Lamae, Executer, etc. �(Circuit Court, 8. B. New York. January 2, 1880.) �Gtjabdian aud Ward — Civil Wak. — A guardian appointee! by a sur- rogate court in the state of New York, who, together with his ward, was subsequently domiciled in a southern state during the waging of the civil war, was bound in good faith to keep bis vv'ard's money and its accu- mulations safely during the war, and to account for such property at its close. �Same— Rbmovai, of Tkubt Fdnd— -Confiscation.— a guardian cannot lawfuUy remove the property of his ward in order to save it from confis- cation by the United States govemment. �Same — New Guaudian — Releasb. — A new guardian may be appointed before a former guardian has been discharged, where sucb guardians are resident in separate state jurisdictions. A release from such new guar- dian will not, however, relieve the former guardian from liability, where such former guardian has unlawfully invested the funds of the ward. �Same — Ratification bt Wakd. — The ratification by a ward must be made with a full knowledge of ail the facts, and a full understanding of ail legal rights, and the same must be clearly establisbed by the evi- dence. �Same — Next of Km— Bstoppbi,. — ^The acts and admissions of the next of kln of the ward, made during the life-time of the ward, are not subse- quently binding upon such next of kin when sho becomes the adminis- tratrix of such ward. �Same — Investment— Interest with Annual Rebts. — Where a guar- dian unlawfully invests trust funds, he is liable to make good the amount invested, together with interest and annual rests. �S. P. Nash and G. C. Holt, for plaintifs. E. N. Dickerson and C. C. Beaman, for defendant. Choate, J. Thia was a suit brought by the plaintiff's tea- tatrix, Ann C. Sims, in the supreme court of the state of New ��� �