Shaw and Wife v. . Coble .
Supreme Court of North Carolina
Bill, set for hearing upon exceptions to a report by the ■clerk and master, at Spring Term 1868 of the Court of Equity for G-uilford, and transferred to this Court by consent. The plaintiffs were the next of kin of one John Amick, deceased, and the defendants were the guardian and the administrator o.f the deceased, together with a representative of another one of the next of kin. At Pali Term 1866 the cause had been referred to the clerk and master, to state an account.
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Bill, set for hearing upon exceptions to a report by the ■clerk and master, at Spring Term 1868 of the Court of Equity for G-uilford, and transferred to this Court by consent. The plaintiffs were the next of kin of one John Amick, deceased, and the defendants were the guardian and the administrator o.f the deceased, together with a representative of another one of the next of kin. At Pali Term 1866 the cause had been referred to the clerk and master, to state an account. At Spring Term 1868 the report of the master was filed, with the exceptions thereto.- The exceptions were as follows: 1st.…
1Opinion of the CourtReads, J.
I. The first exception is overruled. A guardian who advances money for his ward, over and above the income of his «state, in order to set him up in business, or for other purposes, without applying to the Court for leave, is not entitled to charge his ward .with it. It is against the interests of society, and the policy of the law, and often ruinous to the-ward, to allow him the use and control of his property, and an expenditure beyond the income of his estate.
II. The second exception is sustained. The payment of the-incumbrance upon the land of the plaintiff’s wife, enured to his benefit,…
2Cited by1 opinion
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