Baylor & Carr v. Fulkerson's Ex'ors

Citations

• 96 Va. 265
• 31 S.E. 63
• 1898 Va. LEXIS 86

Syllabus

<p>1. Guardian and Ward&emdash;Settlements&emdash;Sow Viewed&emdash;Dealings between Guardian and Ward.&emdash;Settlements made by a guardian with his ward soon after the latter comes of age, and especially before he is in the possession of his property, are viewed by courts of equity with a watchful and jealous eye. The law, however, does not prohibit the guardian from dealing with his recently emancipated ward, and a release of the guardian or a gift to him may consequently stand, if shown to have been made deliberately, and with a sufficient opportunity for consultation and advice.</p> <p>H. Laches&emdash; Guardian and Ward&emdash; Case in Judgment.&emdash;Thong and unexplained acquiescence in a settlement between guardian and ward is an effectual bar to proceedings to impeach it. In the case in judgment the guardian was the father of his wards; the settlement was made by the wards deliberately and voluntarily, after ample time for advice and consultation ; the wards had been of age several years and had married and removed to homes of their own ; the children had ample notice of the several capacities in which their father was indebted to them ; there was no misrepresentation or concealment on the part of the father, and the settlement was allowed to remain unimpeached and undisturbed for a period of twelve years, and until after the death of the father.</p> <p>Held: Such laches under such circumstances leaves the wards without any standing in a court of chancery, and their bill was properly dismissed.</p>