Brandau v. Greer

Citations

• 95 Miss. 100
• 48 So. 519

Syllabus

<p>1. Guardian and Ward. Acquirement of ward’s property by guardian wife.</p> <p>The -wife of a guardian cannot lawfully acquire the property of her husband’s ward where the law forbids him to acquire it.</p> <p>2. Same. Duty to protect ward. Profit on estate.</p> <p>It is the guardian’s duty to protect his ward’s estate, and he can-' not make profit on it, except the compensation lawfully allowed him for administering his trust.</p> <p>3. Same. Nature of trust. Neglect of ward’s interest.</p> <p>A guardianship is a trust of the most sacred character, and a guardian cannot he allowed an inducement to neglect the interest of his ward.</p> <p>4. Same. Unfairness in acquiring property of ward.</p> <p>If a guardian acquires his ward’s property under circumstances raising a strong suspicion of unfairness, the transaction will not he allowed to stand when assailed by the ward.</p> <p>5. Same. Same. Ratification. Evidence.</p> <p>Where a guardian unfairly obtained the property of his infant ward and claims that the ward ratified the transaction after reaching majority, the ratification will he ineffectual, unless it he clearly shown that the ward had full knowledge of all the facts, was advised of the law relating thereto and acted freed from the guardian’s influence.</p>