Merritt v. Simpson

Citations

• 41 Ill. 391

Syllabus

<p>1. Guardian and ward—power of the former to mortgage the real estate of the latter. The 134th section of the statute of “ wills ” provides that real estate may be mortgaged by a guardian, provided, the mortgage shall not be for a longer term than until the heir entitled to such real estate shall attain the age of twenty-one years, if a male, or eighteen years if a female.</p> <p>2. So a mortgage in fee executed by a guardian upon the ward’s land, being wholly unauthorized by the statute, is nugatory and void, so far as the interests of the ward are involved.</p>