Peale's Adm'r v. Thurmond

Citations

• 77 Va. 753
• 1883 Va. LEXIS 111

Syllabus

<p>1. Fiduciaries—Guardian defacto—Rents and profits.—Guardian de facto is liable to his wards for rents and profits received by him during his possession of the corpus of their estate.</p> <p>2. Idem—Idem—Father—Advancements.—Father acting as such guardian and liable for such rents and profits, is entitled to set-off against same, the amount advanced his female ward’s husband to assist him in business ; and it is inequitable to settle on the wife the whole she is entitled to, without deducting the amount so advanced.</p> <p>3. Idem—Idem—Statute limitations—Lapse of time.—Such guardian, being a fiduciary, the statute of limitations runs not in his favor against his ward’s claim, nor does any presumption arise from lapse of time, where the claim is clearly established.</p>