May v. Calder
Massachusetts Supreme Judicial Court
This was an action of ejectment, brought in the county oí Norfolk, by a minor, to recover certain lands which had been leased to the defendant, Colder, by the father of the plaintiff, as guardian by nature of his daughter.
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This was an action of ejectment, brought in the county oí Norfolk, by a minor, to recover certain lands which had been leased to the defendant, Colder, by the father of the plaintiff, as guardian by nature of his daughter. The jury returned a verdict for the plain tiff, subject to the opinion of the Court on this question, whether the father, as natural guardian, has a right to lease the independent estate of the minor, for years, without being appointed by the judge of probate, and giving bonds ; the minor being under the age of fourteen years, the lease being for seven years, and to…
1Opinion of the Court
The opinion of the Court was delivered by
Dana, C. J.
The question is, whether the father, as natural guardian of an infant, has authority to make a lease of the infant's land. Having conferred together, and examined the * authorities which have been cited at the bar, we are [ * 56 j unanimously of opinion that he has no such authority, and especially considering the provisions of our statute respecting *58guardians, which require them to give bonds, &c. In the Court of Chancery, bond is required of a natural guardian, when a legacy given to his child is ordered to be paid over to him by the…
2Cases cited1 opinion
- Wilkins v. WilkinsWashington Supreme Court · 1890
3Cited by14 opinions
- McKinnon v. the First National Bank of PensacolaSupreme Court of Florida · 1919
- Kinney v. HarrettMichigan Supreme Court · 1881
- North School Congregate Housing v. MerrithewSupreme Judicial Court of Maine · 1989
- Riley v. JamesonSuperior Court of New Hampshire · 1823
- Campbell v. FichterIndiana Supreme Court · 1907
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