Darter v. Speirs
Darter v. Speirs
Opinion of the Court
delivered the opinion of the court.
Section 2111, Code 1880, declares that “the guardian of a minor, who has a father or mother, shall not expend anything for the support or education of the ward until the court or the Chancellor in vacation shall have ordered, that expenditure for that purpose shall be made by the guardian.” This language plainly contemplates a precedent order by the court or Chancellor, and deprives the court of the power to ratify and sanction such expenditures by a subsequent order. Unless the order precedes the expenditure, the latter is condemned by the statute and cannot be made valid by any subsequent ratification. Such has been the settled construction, by numerous decisions, of §2103 of the Code, with reference to expend
Reversed and, remanded.
Reference
- Full Case Name
- Florence E. Darter v. R. R. Speirs, Guardian, etc.
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- 1. Guardian and Ward. Expenditure for support. Probate jurisdiction. Under Code 1880, f¡ 2111, the chancery court cannot ratify a guardian’s expenditures for the maintenance of his ward who has parents, but a precedent order is necessary. 2. Same. Advancement of necessaries. Equity jurisdiction. The result in such a case, it seems, would be the same if the guardian expended his own money and by original bill sought reimbursement out of his ward’s estate which was to come into his hands.