Arizona sentinel and Yuma weekly examiner., 1913-06-26
W. H. LYON ALLOWED s3,365
 FUR CARE OF MINOR CHILD

in Ohio 541, that the relation of step- father and step-daughter ceased on the death of the mother, but this decision has not been followed
 It is we'll settled, however, that a
 person is not bound by law to main
 tain child of his wife by a former i husband Civilians vs. Hutchinson, 8 N. Y., 312-53 Amer. Docs. 303 N w. 366:) that a guardian or parent may be reimbursed for necessary ex- penses incurred in the support of a ward and child, before any order is made therefor by the Court, and be- fore the appointment of the guardian.
 And, that step-father is not bound to maintain the children of his wife by former husband, Qn re Bosondy-32 Minn. 365. 50 Amer. Rep. 579. 20 N. w. 366;) that step father is not re- quired to support minor step-children unless he has voluntarily assumed the parental relation to such children un- der circumstances that raise pre- sumption that he has undertaken to support them gratuitously. (Kompton vs. Goss ct al., Arkansas, 54 N. w. 224-66 N w. 1O39-S0 S. w. 966;) and in the case of in re BeiseIs Estate, reported in 40 Pacif. at page 961, it is held, that the criterion for determining whether past maintenance should be allowed is whether a chancery court would have authorized it in advance, and that a guardian de facto having expended money on his ward before being appainted guardian de juro. his accounts are not barred by the Stat utes of Limitation.
 The evidence does not support the contention that the Guardian did not furnish the ward with the common necessaries of life; but on the con trary there is strong proof to the eff that the Guardian supported and main tained the Minor and her grandmother, from the death of the Minors mother to To April 1st, 1913, by paying house rent for them, and furnishing clothing and provisions, and is entitled to reasonable compensation therefor.
 The evidence shows that the deceas ed mother did not want her child to be placed in the care Of the Guardian family; that the minor wanted to stay with her grandmother; that the grand mother wanted the custody Of the Minor; that the Minor was and is a child of weak physique and that the grandmother is a feeble old woman. There was an attempt to show that the grandmother and the child could have supported themselves, but the eviden- ce does not show this to be fact, and the guardian being obliged to support the grandmother, who had the custody of the child, the expenditures thus paid out in a proper charge against the wards estate as a part of her maintenance.
 Counsel for contestant has present ed a ridiculous brief in this matter, largely made up of quotations from poetry and the Bible, venting spleen against the guardian and impugning the actions of the Court, but failing 10 cite any authority for their contentious except such that was submitted and ruled on by the Court during the trial.
 On a guardians accounting, the bur den is upon him of establishing any payments alleged to have been made by him for the wards benefit. If he asks for an allowance for expenditures 1 he must show as strong case as would ahve been necessary to obtain an order of the Court for such expendi- | ture. If he claims a credit for a debt | paid he must show prima facie case of liability against the estate. If he makes claim for improvements he must show that they were necessary and paid for at reasonable rates. (21 Cyc. p. 163.)
 While the evidence is not sufficient to justify the Court in allowing the guardians account in full, it is sui ficient to allow a reasonable compe. sation for the monies he has expend- ed for the support and care of the minor and for improving and having the homestead entry to the minor. It is therefore, hereby
 ORDERED, ADJUDGED AND DT4 CREED that the guardians account for the case and maintenance of th minor, from June F, 1907 to April l, 1913, is approved for the amount of Two Thousand and Seven Hundred and Eighty Dollars ($2,780.. ), or at the rate of $40.O0 per month for six ty- nine and one-half months, and for improving and preserving the home stead entry the further sum of Five Hundred and Eighty-five Dollars ($2S5. .OO, or sum total of Three Thousand Three Hundrnd and Sixty