Boisseau v. Boisseau

Citations

• 79 Va. 73
• 1884 Va. LEXIS 61

Syllabus

<p>1. Guardians—Conversioíi of ward’s estate.—Guardians have no. right to convert the personalty of their wards into realty without the previous sanction of a court of chancery.</p> <p>2. Idem—Particeps criminis.-—Vendor to guardian receiving payment out of ward’s funds without previous sanction of court, is held to be a participant in the guardian’s offence, and equally liable with him.</p> <p>3. Idem—Idem—Case at bar.—B. sold to guardian house and lot in D. for $1,500, and received in part payment $750 of the ward’s estate, and for balance executed, as such guardian, his three bonds each for $250, payable with 8 per cent, per annum interest from date, in one, two and three years, all without previous sanction of court</p> <p>Held :</p> <p>1. The transaction was unauthorized and invalid.'</p> <p>2. B. should be required to refund the cash paid, with interest; and in default thereof, the property should be sold for the ward’s benefit.</p>