Fitz-Gerald v. Bailey
Mississippi Supreme Court
Appeal from the Chancery Court of Tallahatchie County. Hon. J. B. Morgan, Chancellor. In pursuance of au order of the Probate Court, made in July, 1863, under an act of the Legislature approved August 2, 1861, George G. Harvey, as guardian of Martha J. Bradford, invested his ward’s money in Confederate bonds. In 1866, Harvey died, and W. H. Fitz-Gerald was appointed administrator of his estate.
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Appeal from the Chancery Court of Tallahatchie County. Hon. J. B. Morgan, Chancellor. In pursuance of au order of the Probate Court, made in July, 1863, under an act of the Legislature approved August 2, 1861, George G. Harvey, as guardian of Martha J. Bradford, invested his ward’s money in Confederate bonds. In 1866, Harvey died, and W. H. Fitz-Gerald was appointed administrator of his estate. In March, 1871, Martha J. Bradford attained her majority, and in 1872 was married to Pryor L. Bailey. In 1874, she and her husband filed a bill in chancery to compel Fitz-Gerald, as administrator of…
1Opinion of the CourtChalmers, C. J.
The order of the Probate Court directing the investment of *660the ward’s money in'Confederate bonds was a nullity, as we held when this case was heretofore before us. 56 Miss. 578. The money is therefore to be regarded as remaining continuously thereafter in the guardian’s hands, and as still there. It was neither taken by him at interest, nor loaned out, nor mingled with his own, nor used by him. Under these circumstances he was not liable for interest upon it so long as he remained guardian, or so long as his ward remained a minor. Reynolds v. Walker, 29 Miss. 262; Roach v. Jelks, 40 Miss. 756…
2Cases cited4 opinions
- Crump v. GerockMississippi Supreme Court · 1866
- Roach v. JelksMississippi Supreme Court · 1866
- Garland v. NormanMississippi Supreme Court · 1874
- Bailey v. Fitz-GeraldMississippi Supreme Court · 1879