38 Ala. 688 | Ala. | 1863
When the appellee intermarried with Mrs. Martin, he thereby became joined with her in the guardianship of her children by Mr. Martin, her former husband. Carlisle v. Tuttle, 30 Ala. 613-624. We know of no principle of law which denies to him the right to charge his wards a reasonable sum for their board. But neither this charge, nor the one tor their tuition fees, accruing, as these items did, during coverture, can come up in the settlement of Mrs. Foster’s estate. They are no charge against the collective estate, and can only be considered in adjusting the accounts between the appellee and the children.
Payments made by Mr. Foster, after he became executor, of debts due by Mrs. Foster, stand on a different footing. The law makes it his duty to pay these debts, if assets sufficient come to his hands; and such payments, rightfully made, are a charge against the estate in his hands.
What we have said will probably be a sufficient guide on another trial.
Reversed and remanded.