McGriff v. Leonard

Citations

• 83 Fla. 695
• 93 So. 179

Syllabus

<p>1. The right of a father to appoint a testamentary guardian of the person and estate of his minor child did not exist at common law but is of statutory origin.</p> <p>2. Powers of testamentary guardians are referable to and dependent upon the statutes under which their appointment is authorized and by which their powers are defined.</p> <p>3. Under the statute (Sec. 3964, Rev. Gen. Stat. of Fla.), a testamentary guardian in this State may have and exercise such “power over the child and over the property of the child” and is subject “to the same liability as in the case of other guardians.”</p> <p>4. Testamentary guardians may not, by provisions of the will appointing them, be given power exempting them from mandatory statutory provisions regulating the conduct of sales of real estate of minors made by “other guardians.”</p> <p>5. A suit for partition cannot be resorted to as a substitute for the action of ejectment nor used for the sole purpose of testing a legal title or trying an issue as to it.</p>