Sayers v. Pollock

Citations

• 219 Pa. 274
• 68 A. 732
• 1908 Pa. LEXIS 560

Syllabus

<p>Guardian and, ward — Dealing with ward’s real estate — Unauthorized act of guardian — Consent of ward — Adverse possession.</p> <p>A guardian cannot by his own unauthorized act destroy the inheritance in the land of his ward; the court may not authorize him to do so except in the statutory way for such reasons as the statute allows; nor can the ward authorize the guardian to do what the ward cannot of herself do.</p> <p>A parol exchange of lands between a mother and her daughter, sixteen years of age, with the consent of the guardian, and under a promise by the daughter upon her coming of age to execute and deliver a deed to her mother, is wholly invalid against the estate of the daughter who died before she reached the age of twenty-one years. Where, in such a case, the mother enters into possession of the land and holds it for more than twenty-one years after her daughter’s death, it is for a jury to determine under proper instructions from the court whether such facts exist as constitute in law title by adverse possession in the mother.</p>