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DIRECTIONS for GUARDIANS.
153
If a guardian to an infant, whose lands are
incumbered, buys off the incumbrance with less
of the infant's money, he shall charge the infant
only, with what he actually paid. 2.
Chan. Caf. 245.
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An opinion has been entertained by some
people, that if an infant be maintained, and
educated by the guardian, however great the
income of the infant's estate may be, the guardian
is not accountable for the profit; and this
opinion seems to have been taken up, from the
direction that the principal of the ward's estate
shall not be lessened, or impaired, but that the
ward is to be maintained, and educated, out of
the interest, and profits thereof--a provision
flowing from a tender regard to the welfare of
orphans, and not from an intention to enrich
the guardian, at the orphan's expence--A liberal
allowance, when the orphan's estate can
well beat it, and the guardian hath been at
much expence, may not be improperly expected;
but all the profits of the estate, however
great, and exceeding the real expence and
trouble, a guardian can have no legal or equitable
claim to. |
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