“ If in the state of the forum the general guardian has the right to bring suit in his own name as such guardian, and does so, he is to be treated as the party plaintiff so far as Federal jurisdiction is concerned, even though suit might have been instituted in the name of the ward by guardian ad litem or next friend. ”

“ The question for us to determine is whether the jurisdiction of the circuit court can be sustained through the citizenship of the guardian.
It is admitted that Eckman was duly appointed guardian of both the person and estate of Huesselmann by the proper court of Texas thereto empowered, and that he was a citizen and resident of the western district of Texas.
Under the act of March 3, 1887, 24 Stat. at L. 552, chap. 373, as corrected by that of August 13, 1888, 25 Stat. at L. 433, chap. 866, [1] actions may be brought in any district in which either the plaintiff or the defendant resides. ”

“ He is liable for costs in the event of failure to recover and for attorneys' fees to those he employs to bring the suit, and in the event of success, the amount recovered must be held for disposal according to law, and if he does not pay the same over to the parties entitled, he would be liable therefor on his official bond.
'Art. 2623. The guardian of the estate is entitled to the possession and management of all property belonging to the ward; to collect all debts, rents, or claims due such ward; to enforce all obligations in his fayor ”

“ Shaw v. Quincy Min. Co. 145 U.S. 444, sub nom. Ex parte Shaw, 36 L. ed. 768, 12 Sup. Ct. Rep. 935. But that is not this case, as here the action was brought by a citizen of Texas in the district of his residence. ”