Cook v. Lee

Citations

• 6 Paige Ch. 158

Syllabus

<p>Where the real estate of infants was sold under a judgment in a partition suit commenced in the supreme court, under the act of 1813, the guardian ad litem of the infants and not their general guardian was the proper person to receive and invest their' shares of the proceeds of the sale.</p> <p>And where the commissioners who sold the property, instead of paying the infants’ shares of the proceeds to their guardian ad litem in the suit, paid such shares to the general guardian, who wasted the same and became insolvent, the guardian ad litem not having directed such payment or assented to the same; Held, that the remedy of the infants was against the commissioners who made the payment without authority; and that the guardian ad litem was not answerable for the loss, it not appearing that the commissioners were irresponsible.</p>