Ward v. Jossen

(after stating the facts as above). In the absence of statute the rule generally prevails that a guardian is without authority to invest the ward’s funds in the purchase of real estate without an order of the court. 28 C. J. p. 1144, note 42. By our statute a guardian, acting in good faith and with that prudence required of trustees, may invest the ward’s funds in' the purchase of lands. Code, § 8168. Title must be conveyed to the ward. Section 8169. The guardian is liable to the ward for any loss by reason of failure or defect of title. Section 8170, Code.

The statutes vest in the guardian no…