Jones v. Payne
Supreme Court of Georgia
Minors. Arbitration. Jurisdiction. Before Judge Clark. Chambers. Lee county. September, 1869. R. L. Payne, of Lee county, Georgia, died testate, leaving a wife, three daughters and two sons. His will provided that his executors should pay his debts and then carry on his-farm for the support and maintenance of his family, with power to control his -property and change it as said executors saw proper.
Read the full summary
Minors. Arbitration. Jurisdiction. Before Judge Clark. Chambers. Lee county. September, 1869. R. L. Payne, of Lee county, Georgia, died testate, leaving a wife, three daughters and two sons. His will provided that his executors should pay his debts and then carry on his-farm for the support and maintenance of his family, with power to control his -property and change it as said executors saw proper. It provided that upon the marriage of his wife, or the marriage or majority of either of said children, payment should be made of his or her respective equal share, by drawing out his or her part…
1Opinion of the CourtMcCAY, J.
1. An infant cannot bind himself, by a submission of his rights to arbitration: Billing on Awards, 34. Nor can he *31appoint an agent or attorney to do it: 1 American Leading Cases, 250. The submission is the foundation of an arbitration, a defect in that, a want of capacity in the signer of it to bind himself, cannot be cured by the arbitrators appointing a guardian ad litem. As to the infant, the arbitrators have never been legally chosen, and if they have no power to act, they have none to appoint a prochien ami. Nor do we think this difficulty is cured by the appointment of a guardian by the…
2Cited by2 opinions
- Walton v. ReidSupreme Court of Georgia · 1918
- Millsaps v. Estes.Supreme Court of North Carolina · 1904