Hudson v. Strickland

Citations

• 58 Miss. 186

Syllabus

<p>1. Guardian and Ward. Agreement as to commissions. When enforced.</p> <p>An agreement between a guardian on the one side and his female ward and her husband on the other, fixing the amount of commissions due the former, with a view to a final settlement of the guardianship, may be enforced against the ward, though made during her minority, if such amount be within the limit prescribed by the statute, and it be not shown that the agreement was obtained by'imposition.</p> <p>2. Same. Claim for commissions surrendered. Right thereto not lost.</p> <p>If, upon such agreement, the guardian, in his final settlement, surrenders his claim for an allowance of his commissions by the court, and gives the same as part of the consideration for land purchased by him from his ward, and the purchase be set aside on account of the minority of the ward, it is proper for the court cancelling the conveyance, it being the same court in which the final settlement of guardianship was made, to allow the guardian such commissions as may be proper.</p> <p>3. Same. Conveyance set aside. Account of rents and improvements.</p> <p>Where a deed of partition has been set aside, upon abill filed by the grantor, on the ground of minority, and an account is ordered to be taken between such grantor and the grantee, who owns the interest of two other heirs to the land, it is proper for the latter to be charged with rents of the property after the date of his purchase thereof, and to be allowed in full for all improvements made thereon before the filing of the bill against him, and, after such filing, for expenditures and improvements in the nature of necessary repairs in full, and for additions to the property to the extent only that they enhance its price.</p>