Arizona sentinel and Yuma weekly examiner., 1913-06-26

IN THE SUPERIOR COURT OF YUMA COUNTY ARIZONA.
 In the Matter of the Guardianship of the Person and Estate of Emma j . Harris, Minor Order Allowing Guardian Account in Part, and Set tling same.
 William H. Lyon, the Guardian of the Estate of said Minor, on the 18th day of March, 1913, filed his account as such guardian and with it his peti- l tion for settlement, asking to be allow ed, in said account, the sum of $5, 733. .S3 alleging that said sum was paid out and expended by him, for and on be- half of said Minor, from June 17th, 1907 to April 1st, 1913, for house rent, lights, water and fuel, groceries, meat, clothing an dschool books, medicines and medical attendance, music lessons and in improving and cultivating the homestead entry of the deceased moth CT of said Minor.
 | or filed an objection to its allowance alleging that the guardian was barred by the Statutes of limitations from col lecting his claim; that it was the duty of said Guardian, as the step-father of the Minor, to support, maintain and educate said Minor, at his own expen- orsi1 1xr gave such support, maintaince and ed ucation to said Minor, and that no DOT ton of his account is chargable against the minor or her estate; charging the Guardian with fraud, attacking the vouchers that the Guardian submitted for monies paid out; that said Minor should not be charged for expenditur- es by said step-father prior to his appointment as such Guardian, and | that he refused to furnish said ward with the common necessaries of life.
 To these objections the Guardian re- piled, specifically denying each and every objection and allegation. The mater was tried by the Court, without a jury, the hearing coming on regularly on March 91st, 1913.
 The record discloses the following undisputed and uncontradicted facts: | 1st. That May Harris, the mother of the said Minor, made homestead entry No. 4756, on October 18th, 1903, of the N. w. A of Sec. 15. Twp. South, R. 23 West, G. & s. R. Mer., containg 16O acres, in Yuma County, Arizona.
 1 End. That subsequent to said entry she married William H. Lyon. the Guardian herein.
 3rd. That said entrywoman died on June, t17th, 1907, intestate, leaving surviving her, Emma J. Harris, Che daughter by former marriage), and
 her husband, the said William H. Lyon.
 | 4th. That she left no property ex- cept an inchoate interest in said home stead entry, and that said Minor had no property, and has none now, except her interest as an heir in her mothers homestead entry.
 9th. That Mrs. Lena White, the mother of the deceased entrywoman and grandmother of said minor, had the care and custody of the said minor from the time of the birth of said Minor
 9th. That the said grandmother and deceased mother believed in and were members of the Roman Catholic faith.
 7th. That the deceased entryman, mother of said Minor, before she died, gave orders to Mrs. Lena White, her mother and the grandmother of said Minor, to not let the Minor go with the Guardians familyl; and that when the Guardian was married to the de- ceased entrywoman it was with the understanding that the Minor would never go with his family because of fact that they would raise the child Protestant.
 In the great mass of inconsistent, contradictory and irresconcilable evi- dence in this case, it is very difficult to arrive at an equitable conclusion, as between the parties, but that the Guardian did pay out money for the Minor and the grandmother, Gin whose custody the mother and grandmother insisted that the child should remain) from the death of the mother to the 1st day of April, 1913, a period of six ty-nine months and fourteen days, is apparent from the evidence; that he paid house rent, furnished provisions and clothing for said Minor and grand l mother there can be no doubt.
 That he expended the money he sets out in his account in improving and cultivating the said homestead entry, | at least to the extent of Five Hundred and Eighty-Five ($5S5. .OO) Dollars, has been established.
 Counsel for Minor contends that in- ]