Page:Federal Reporter, 1st Series, Volume 7.djvu/193

 inOOU V. LAMAE. 181 �Choate, D. J. In this case, the complainant having a de- cree for an accounting, the case cornes up again upon excep- tions to the master's report.* �The first point raised by the defendant is that the master improperly charged the defendant, in the case of each of the infants, with the value of one-third of 10 shares in the stock of the Mechanics' Bank of Augusta, in the state of G-eorgia. The evidence is that these shares formerly belonged to W. W. Sims, the father of the infants, who died in 1850; and that at the time of the appointment of defendant's testator as ^uardian they stood on the books of the bank in the name of Mrs. Abercrombie, the widow of said W. W. Sims, as his administratrix. From Pebruary, 1856,' to February, 1859, defendant's testator,. as guardian of each of the infants, received from the bank one-third of the dividends on these 10 shares, and thereaf ter, from the death of the mother, Mrs. Abercrombie, untU the war, when the stock became worth- less, he received from the bank, as guardian of each of- the infants, one-halfof said dividends. • It 'appears by a mem- orandum in the guardian'a accouni that, in January^ 1856, the guardian applied to the bank foar a transfer to- him, as .^guardian of the infants, of the two-thirdB of the 10 shares, but the bank, though willing to pay the dividends and con- tinuing thereaf ter to doso, as above stated,' refused to make a transfer of the stock itself. I think it is a proper inference from this evidence that tho reaL beneficiai interest in one- third of these 10 shares was in each of the infants after the death of their father. The great lapse of time since his •death, and the absence of any evidence that the property vras needed for payment of his debts, warrant the conclusion that the guardian could, upon requesting it of Mrs. Abercrombie, the administratrix, have had the estate so far settled as to have procured a transfer of the infants' interest to him as guardian. It is argued that the guardian was under no obli- gation to reduce property of this kind belonging to his ward in another state to his possession ; that the office of guardian is local, and as to property ont of the state, under whose lawa «See 1 Ped. Ref. 14. ��� �