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appealburden of prooffiduciarycompliancesustainedfiduciary duty
appealburden of proofsustained

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In re Guardianship of Styer, 24 Ariz.App. 148, 536 P.2d 717

Facts

Herbert Schwager was appointed guardian of Lillian Styer's estate and person in 1969. Over the years, he engaged in various financial transactions involving the estate, including purchasing real estate and liquidating securities, but failed to provide any accounting for his actions. In 1972, after a series of court orders and a lack of compliance from Schwager, he was removed as guardian, and a new guardian was appointed to investigate the estate's financial status. The investigation revealed significant mismanagement and unauthorized use of estate funds.

Herbert Schwager was appointed guardian of Lillian Styer's estate and person in 1969. Over the years, he engaged in various financial transactions involving the estate, including purchasing real estate and liquidating securities, but failed to provide any accounting for his actions.

Issue

The main legal issues were whether Schwager and his wife were entitled to disqualify the judge for cause, whether the surcharges against them were proper, and whether they had sustained their burden of proof regarding the expenditures made from the estate.

The main legal issues were whether Schwager and his wife were entitled to disqualify the judge for cause, whether the surcharges against them were proper, and whether they had sustained their burden of proof regarding the expenditures made from the estate.

Rule

A guardian must provide proper accounting and cannot benefit personally from the estate of their ward. Additionally, a party is entitled to only one peremptory challenge of a judge, and the burden of proof lies with the guardian to justify expenditures.

A guardian must provide proper accounting and cannot benefit personally from the estate of their ward.

Analysis

The court applied the rules regarding guardianship and the requirement for proper accounting to the facts of the case, noting that Schwager had failed to provide any accounting and had engaged in numerous transactions that were not for the benefit of the estate. The court found that Schwager's actions constituted a breach of his fiduciary duty, justifying the surcharges imposed against him and his wife.

The court applied the rules regarding guardianship and the requirement for proper accounting to the facts of the case, noting that Schwager had failed to provide any accounting and had engaged in numerous transactions that were not for the benefit of the estate.

Conclusion

The Court of Appeals affirmed the judgment against Schwager and his wife, modifying the total amount to $378,789.62, and upheld the findings of mismanagement and improper use of estate funds.

The Court of Appeals affirmed the judgment against Schwager and his wife, modifying the total amount to $378,789.62, and upheld the findings of mismanagement and improper use of estate funds.

Who won?

The prevailing party was Lillian Fisher, the successor guardian, who successfully argued that Schwager had mismanaged the estate and failed to provide proper accounting.

The prevailing party was Lillian Fisher, the successor guardian, who successfully argued that Schwager had mismanaged the estate and failed to provide proper accounting.

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