In Re Estate And Guardianship Of Triestina Di Carlo . Lorenzo Di Carlo

THE COURT. A hearing was granted in this case after decision by the District Court of Appeal, Second Appellate District, Division One, in order to consider the single question whether the settlement and approval of the intermediate, current or annual account of a guardian has the effect of a final judgment to the extent that the items thereof are not thereafter subject to reexamination in the settlement of later accounts or the final account. The matter was submitted for argument together with the case of Estate of Vucinich, L.A. No. 14523 (post, p. 235 [44 Pac. (2d) 567]), in which the same question was involved. In our opinion, the proper rule is that such accounts are not conclusive against the ward, and may be reexamined. Accordingly we adopt the following opinion of Mr. Justice Houser as part of the opinion of this court: