American Surety Co. of New York v. Adams

Atkinson, Presiding Justice.

1. There is no authority of law for a guardian by private contract to invest funds of his ward in land. Such an investment is a breach of the guardian’s statutory bond that will authorize suit to recover the amount from the guardian and his surety.

2. “Guardians are authorized to invest any funds held by them as such guardians in lands: Provided, that an order to that effect shall first be obtained from the judge of the superior court, who is authorized to consider and pass upon such applications either in term time or vacation.” Code, § 49-216. A petition of a…