36 Vt. 636 | Vt. | 1864
On the trial of this case in the county court, it was admitted that the plaintiff, as administrator, was entitled
An administrator is the legal representative of the right of his intestate, and a guardian is a trustee for his ward, but neither a guardian nor an administrator has any power to manage, control or dispose of real estate except in the manner provided by law. Neither can sell or convey such estate without a license from the probate court, and the regulations under which such licenses are granted evince the [jealous care with which the rights of minors and of all others interested in the property are protected. The chief duty of an administrator or guardian in respect to real estate is to take care of the property; but this duty will not authorize any alienation or transfer of the title except in a manner authorized by law» The interests of minors are specially
But the defendant claims that this action is not properly brought in the name of the plaintiff as administrator, and that it should have been brought in the name of the heirs of the intestate, and that as, for this reason, the same judgment must be rendered which was rendered in the county court,, that judg
The judgment of the county court for the defendant is reversed, and a new trial is granted.