Wood v. Stafford

Citations

• 50 Miss. 370

Syllabus

<p>1. Estates of Decedents — Witnesses — Competency thereof — Code, 1871, § 758. — The construction put upon § 758 of tbe Code of 1871, is that a living party, plaintiff or defendant, in a suit in which the representative of a decedent is a party, is not competent to establish his right or demand against the estate, nor to defeat one, set up by the estate against him. Lamar v. Williams, 89 Miss., 347 ; Ealer v. Jordan, 44 Miss, 289.</p> <p>2. Guardian — Ward—Investment of Funds thereof.— If the money of a ward is invested in land or other property, the ward may follow the money into the land and elect to treat the land as held in trust for him, or if more to his advantage, can hold the guardian as his debtor for the money. Pressly, Supt., v. Ellis et al., 48 Miss., 582. If the ward elects to take the money, the title to the property becomes absolute in the guardian.</p> <p>3. Same — Marriage of Female Guardian. — The husband of an executrix by virtue of his wife’s appointment, may exercise the powers of an executor. Edmonson v. Roberts, 1 How., 329. Marriage with the administratrix confers the same duties and responsibilities. Wren et al. v_ Gayden, 1 Hew., 376. The rule must be the same when the female guardian marries.</p> <p>4. Same — Investment of Ward’s Money by Husband of Female Guardian. —When the husband of a female guardian invests the money of his wife’s ward in land, he becomes a volunteer, and if the ward should elect to proceed against the land, he would occupy no better position than would the guardian had she taken the title to herself. Courts of equity follow the ward’s property, whenever wrongfully disposed of, and into whosesoever hands it may come, that person will be charged as trustee, if it be shown that he had knowledge of the trust.</p> <p>5. Same — Power of Disposition in Guardian. — When the right of disposition is in the guardian, and the purchaser or assignee is not obliged to see to the appropriation of the money, yet if upon the face of