Duval v. Chaudron
Supreme Court of Alabama
Writ of error to the County Court of Mobile. Dbbt, by Chaudron v. Duval. The declaration contains several counts, of which the first is in these terms, to wit: — • “ For that at an orphans’ court of said county, held on the 15th April, 1843, that day having been appointed for an allowance and settlement of the accounts of the said plaintiff, as guardian of the said defendant; and the said plaintiff, and the said defendant, then of mature age, appearing in said court.
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Writ of error to the County Court of Mobile. Dbbt, by Chaudron v. Duval. The declaration contains several counts, of which the first is in these terms, to wit: — • “ For that at an orphans’ court of said county, held on the 15th April, 1843, that day having been appointed for an allowance and settlement of the accounts of the said plaintiff, as guardian of the said defendant; and the said plaintiff, and the said defendant, then of mature age, appearing in said court. The said accounts so reported were examined, exceptions were taken to some items therein, and it appearing to the court, from…
1Opinion of the CourtGoldthwaite, J.
The general duty of a guardian, with relation to his ward’s estate, is to preserve the principal unimpaired, and to devota no more than the income for maintenance, education, &e. Our statute directs the guardian ■shall make application to the orphans’ court for the sale of the lands of the ward, when his personal estate, and the rents and profits of the real estate, are not sufficient for the maintenance and education. [Dig. 268, § 6.] Much of the jurisdiction formerly vested in chancery over the persons and ■estates of infants, is now, by various statutes conferred on the orphans’ court, but…
2Cited by4 opinions
- Terrell v. CunninghamSupreme Court of Alabama · 1881
- Brown v. ChadwickSupreme Court of Missouri · 1883
- Allen v. RaneySupreme Court of Alabama · 1851
- Montgomery v. GordonSupreme Court of Alabama · 1874