Gayle v. Hayes' Adm'r

Citations

• 79 Va. 542
• 1884 Va. LEXIS 111

Syllabus

<p>1. Infants—Necessaries.—What are necessaries for which infant’s estate is liable, depends on his condition and circumstances.</p> <p>2. Idem—Idem— Case at Bar.—In 1871 G. married widow having son ten years old, and lived with them on land owned by her as her dower and by son in fee expectant on her decease. Present worth of his interest was only $977.55. He had no personalty. In 1874 he was reasonably well educated. He died in 1878. G. set up against his estate a claim of $799.83, for his maintenance and education during years 1874 to 1878, inclusive.</p> <p>Held :</p> <p>G.’s claim is not sustainable as being for necessaries.</p> <p>3. Construction of Statutes—Realty as Assets—Infant’s Realty.— Statute making real estate of any person dying intestate assets for payment of his debts, does not warrant a sale of infant’s real estate, even to satisfy a claim for necessaries. Code 1873, chapter 127, section 3.</p> <p>4. Guardian and Ward—Income.—Out of annual proceeds of ward’s estate his maintenance and education may be provided. To pay expense therefor in excess of annual income chancery court may order sale of his personalty. But neither ward himself nor his real estate is liable therefor. Ibid, sec. 7, 8 and 9.</p> <p>5. Idem—Sale of Ward’s Realty.—Not until act passed 17th March, 1873, {Ibid, section 13), was it lawful for the court to order application of proceeds of ward’s real estate, beyond annual income, to his maintenance and education. And under that act such order must always precede such application. Rinker v. Streit, 33 Gratt. 653.</p> <p>6. Idem—Creditor of Infant.—Such creditor occupies no higher ground quoad infant or his property than guardian occupies. Evans v. Pearce, 15 Gratt. 513.</p>