Brawner v. Franklin
Court of Appeals of Maryland
Appeal from the Equity side of Charles county court. On the 31st October 1844, the appellees filed their bill, alleging, that Ellcanah Franklin, the father of E. F. and J. H..; and the husband of Sarah, died in the year 1840, leaving the appellees, his widow and children, alive, and also Mary E. Franklin, his daughter.
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Appeal from the Equity side of Charles county court. On the 31st October 1844, the appellees filed their bill, alleging, that Ellcanah Franklin, the father of E. F. and J. H..; and the husband of Sarah, died in the year 1840, leaving the appellees, his widow and children, alive, and also Mary E. Franklin, his daughter. The said E. F., by his last will, devised all his real estate, called by the name of “ Three Sisters,” to his three sons, to wit, E. F., J. H. and F. E. F. Before the death of the said E. F., the said F. E. F. died, and his legal representatives are two of the complainants in…
1Opinion of the CourtDorsey, J.
It is a general and well settled principle, as well at law as in equity, that no person under the age of twenty-one years, is com*469petent to make a contract, binding upon him, unless it be for “necessaries.” Until his arrival at that age, the law presumes his incompetency to protect his interests, and manage his own concerns; and therefore casts around him its protection and guardianship, as to all his contracts. No executory contract, by him, bona fide, entered into, during his minority — unless confirmed by him after arriving at years of maturity — can be decreed to be specifically performed,…
2Cited by9 opinions
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- Adams v. BeallCourt of Appeals of Maryland · 1887
- Wilhelm ex rel. Ami v. HardmanCourt of Appeals of Maryland · 1859
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