Pan-American Life Ins. v. Crymes

I disagree with that part of the controlling opinion which holds that the chancery court had the power to authorize the guardian to lend the money of his ward to himself. I concur in what Judge Griffith has written on that subject, which is set out in the second paragraph of his opinion.

Wherever the common law prevails, a trustee will not be permitted to deal with himself where his interest and that of the cestui que trust are adverse. That was exactly the relationship of the guardian and ward in this case. Did section 1885, Code 1930, abolish that wise and wholesome common-law principle? It…