Burke & Williams v. Mackenzie
Supreme Court of Georgia
Equitable petition. Before Judge Hammond. Burke superior court. March 25, 1905. Burke & Williams, a partnership, brought an equitable petition, in the superior court of Burke county, against J. H. Mackenzie as guardian of L. F. Mackenzie, alleging: The defendant was guardian of his minor son, who owned an unimproved lot in Waynesboro, Ga., and defendant employed the petitioners to erect a dwelling-house thereon, the petitioners to furnish the labor and material at a price of…
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Equitable petition. Before Judge Hammond. Burke superior court. March 25, 1905. Burke & Williams, a partnership, brought an equitable petition, in the superior court of Burke county, against J. H. Mackenzie as guardian of L. F. Mackenzie, alleging: The defendant was guardian of his minor son, who owned an unimproved lot in Waynesboro, Ga., and defendant employed the petitioners to erect a dwelling-house thereon, the petitioners to furnish the labor and material at a price of $1,440.00, which was subsequently increased by $56.60. Petitioners erected the house, and received from the defendant…
1Opinion of the CourtCobb, P. J.
“As a matter of law, guardians of the property of wards are trustees, whose powers over the property of their cestui que-trusts are defined by law. Among these powers are not included the execution of a contract binding the estate of his wards.” Howard v. Cassels, 105 Ga. 416. See also Fidelity Co. v. Rich, 122 Ga. 506. The general rule is that trustees are not authorized to create any lien upon the trust estate, except such as is authorized by law. Civil Code, §3186. The guardian can not by any contract, except those specially allowed by law, bind his ward’s property or create any lien…
2Cases cited3 opinions
- Howard v. CasselsSupreme Court of Georgia · 1898
- Fidelity & Deposit Co. of Maryland v. Rich & Bros.Supreme Court of Georgia · 1905
- Malone v. BuiceSupreme Court of Georgia · 1878
3Cited by6 opinions
- Sturgis v. DavisSupreme Court of Georgia · 1924
- Tennessee Chemical Co. v. JonesSupreme Court of Georgia · 1930
- Paulk v. RobertsCourt of Appeals of Georgia · 1930
- First National Bank v. MeadSupreme Court of Georgia · 1916
- Clark v. LeverettSupreme Court of Georgia · 1924
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