The opinion
Connor, J.,
concurring. The referee does not find as a fact, nor is there any suggestion, that the guardian could have loaned the money of his ward at eight per cent, interest. I am of the opinion that in the absence of this finding he should not be charged with more than the legal rate of six per cent. In Carr v. Askew, 94 N. C., 194 , the referee found as a fact that the guardian could, during the period of his guardianship, have loaned the money in Wake County upon safe personal security or real estate mortgage at eight per cent. This finding clearly distinguishes the two cases. In that case the referee also found that, taking into consideration the intervals occurring between the taking in and re-lending of loans, a continuous rate of seven per cent, would have been the maximum that could have been realized. The Court, adopting this conclusion, charged the guardian with *204 only seven per cent., notwithstanding the fact that he used the money in his own business. In that case the entire sum of $10,000 came into the hand of the guardian from an insurance policy, whereas in this case the guardian entered upon the duties of his office with less than $2,000, and receiving rents, income, etc., in small amounts, has so managed his trust that after educating his ward he has in hand for her $6,000. If he is to be punished for the use of the money in his own business, which was clearly improper, it would seem that, accounting for every cent which came into his hands, with interest for every day, would be a sufficient reminder of the duties Avhich he assumed as guardian. For these reasons we cannot concur in the opinion of the Court by which he is charged with eight per cent, interest.
Waijkee, J., concurs in opinion of CoNNOR, J.