Irvine v. McDowell
Court of Appeals of Kentucky
debt< From the Circuit Court for Mercer County. Statement of the CJSe' “An action cannot be sustained on a guardian’s bond,' executed before the passage of the act of 1813, authorizing the sale of real estate of infants—for the proceeds of aside made under that act”—as held in p. case, 4 Litt, 1. It is the duty of* a guardian to take care of the estate of his wards; and especially of their land, and make that profitable; he has no right to assent to, or permit, a sale of it,…
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debt< From the Circuit Court for Mercer County. Statement of the CJSe' “An action cannot be sustained on a guardian’s bond,' executed before the passage of the act of 1813, authorizing the sale of real estate of infants—for the proceeds of aside made under that act”—as held in p. case, 4 Litt, 1. It is the duty of* a guardian to take care of the estate of his wards; and especially of their land, and make that profitable; he has no right to assent to, or permit, a sale of it, by the wards; nor allow more than the profits to be consumed, for their support. It is no part of the duty of .a…
1Opinion of the CourtChief Justice Robertson
Horace Cleland, husband of one of the heirs of John Irvine, deceased, was, in 1818, appointed guardian for Priscilla and Robert, two infant children, and the. only-remaining heirs, of the decedent; and executed a guar? dian’s bond, with the ordinary condition, with Joseph McDowell as surety.
In 1823, during the minority of the wards, they and their guardian, in right of his wife, being entitled to a tract of land of which he was possessed, sold it to one Davis Caldwell, and took his bonds for the price, payable,in instalments, jointly to themselves, and afterwards assigned the bond's to…
2Cited by2 opinions
- Rudy v. RudyCourt of Appeals of Kentucky · 1911
- Ralls v. CrouchCourt of Appeals of Kentucky · 1878