The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1882-06-27
HEADACHES OF DECISIONS
sE fs o. xms 4Ess
SUPREME COURT or FLORIDA.
Jmme Terra. a. ID. 1990.

n. d. May, Executrix. ct al, Appellants, va. Eva
Lee May. an infant, &c, Appellee Jefferson
county.
RANDALL, G. j.:
l. A suit against the representatives of de-
ceased guardian and his suresies upon the guar
dams bond. for the settlement of the guardians
account and 10 establish their liability and for
decree against them for the amount due from
the guardian TO his ward, is within the jurisdic-
ton OF the court of equity.
.. In suIt against the guardian and his sure
ties TO recover the fund in his hands, consisting
Of the proceeds of policy of insurance on the
life of the guardans wife, In favor of her daugh-
ter, the premiums on which policy had been paid
Oy her father who was insOlvent, plea that the
payment of the premiums by the insolvent was
fraudulent as TO his creditors, and that the pro-
ceeds of the policy belonged in equity to his
creditors, Zone of the sureties being creditor,)
does not constitute defence 10 the action. These
defendants are not in the position of creditors
demanding the fund.-
8. The principal and sureties of bond of q
guardian are estopped by the recital therein.
4. Payment of premiums on life insurance
policy, by one who is insolvent, is not a fraudu-
lent investment as to subsequent creditors
s. The investment of the money of ward,
by guardian, in a mortgage which he has had
assigned to her, without the consent or approval
of the court, cannot be charged against her in a
settlement of his account with her.
8. Where the items of an account are few and
not complicated, reference to a master to state
an account or the statement of an account by
the chancellor before or at the rendering of the
decree, is not essential there being no confusion
or uncertainty in arriving at the basis of the de-
cree or the rules controlling his action
2. Papers purporting TO be accounts rendered
by guardian to the County Judge, found in his
office, and duly recorded by the Judge in the
records, the accounts being in the handwriting of
the guardian, and an order made and entered by
the Judge referring to and approving the ac-
counts, though there are no marks on the Origi-
nal accounts showing filing by the Judge, con-
stitute evidence OF the rendering of such ac-
counts by the guardian; and the adjudication
and allowance of such accounts are priDad fdcSe
evidence against the guardian and the suretes
upon his bond
8. Where the suretes in a guardians bond
show disposition to resist and defeat recovery
of an amount easily ascertained, and interpose
improper defences, thereby largely increasing
the costs of litigation, they should be charged
with the costs of suit.
9. While in rendering decree against prin-
cipal and sureties for the payment of money
found due upon an obligation, the decree should
be so framed as To direct its enforcement against
the surcties only in the event that the money
cannot be made out of the principal, yet where
it is clearly established that the principal was
utterly insolvcnt, and he having died, there are
no assets in the hands of his representative, it
is not error if the decree omit such direction.
TO- In case of this character, decree for the
payment of money substantially in the form of
a judgment at law is appropriate.
Decree affirmed.
s. Pasco and ]. A. Henderson, for Appellants;
G. p Rancy, p. w. White and T. L. Clark, for
Appellee.
Sarah A. Stewart, Appellant, VS. John O. Math-
ews, Appeee-Madison county
RANDALL, @. j.:
l. An appeal will not be dismissed on the
ground that motion for new trial was not
made in due time, nor on the ground that bill
of exceptions was not signed within the time al
lowed by law.
g. The filing by referee of his findings and
decision does not become operative for the pur-
poses of execution or appeal until after notice
thereof 10 the parties Such decision does not
become final judgment until the expiration
of ten days from the giving of notice, when no
motion is made for a new trial, rehearing in ar
rest, &C.; and when such motion is made, the
judgment does not become final until the motion
is denied, and the time for appealing begins to
run from the filing of the decision in writing,
denying the motion for a new trial. Chap 1922,
Act of 1879 Digest, page 1851
Motion to dismiss appeal denied.
John G. Reardon, for Appellant; 8. d. Nc
COnnell for Appellee.