Page:Federal Reporter, 1st Series, Volume 1.djvu/26

 18 FEDEaAL BBPOBTEB. �or to suoh other guardian as may be hereafter appointed, iu as good order and condition as when received, and also to render a just and true account, etc., in any court having cog- nizance thereof, when required." �The court to which the ward resorted for an account and relief was a court of general equity jurisdiction, and therefore a court having cognizance thereof, and the causes of action alleged in the complaint are fuUy sustained by these admit- ted faets, unless the matters alleged in the answer are, if sustained by the evidence, valid defences to the guardian. �1. The firstground of defence insisted on is that by the war the relation of guardian and ward was terminated, and hence ît is argued that though the former guardian continued to hold upon some kind of a trust the asseta which he had received as guardian, yet that he no longer held them as- guardian under and acoording to the laws of New York; that the guar- dian and ward having both acquired new domiciles ont of this state and within the territory of what became, at least pending the war, an alien and a hostile state, this personal domestic relation was thereby wholly broken and did not re- vive when the war eeased, and the guardian was no longer accountable to the courts of New York as guardian, even after the close of the war. �I can see no ground whatever for this position, so far as concerns the care and safe-keeping of the property of the ward in the hands of the guardian, and his liability to account for it after the war was over. Doubtless during the war, if the guardian had remained there and his ward had become an alien enemy, his duties as guardian would be modifled by that fact. He could not properly or legally remit funds for her support to any person in the hostile territory. But he would still be under the same obligation as before as to the safe- keeping of the property, and, whenever the ward eeased to be an alien enemy by the termination of the war, there was no legal obstacle to her calling the guardian to an account for the property so held. Even if the war dissolved the relation, the effect of such dissolution would not be greater than would be that of the termination of the guardianship by the deatb ��� �