103 Tenn. 237 | Tenn. | 1899
The question presented for determination upon this record is whether a minor eighteen years of age, but emancipated by the law of her domicile, is entitled to a settlement with her guardian in Tennessee, so as to take possession of her realty and collect her rents.
It is further shown that May Blessing is now eighteen years of age, and that under the laws of the State of Illinois she has attained full age; and the object and prayer of her petition is to have her said guardian, the Memphis Trust Company, settle with her and put her in possession of her estate, both: real and personal.
The answer of the Memphis Trust Company admits substantially the allegations qf the petition.
Proof was '.taken, and on final hearing the Chancellor decreed in favor of the .petitioner, .and directed the Memphis Trust Company, as her guardian, to turn over to her all her property, .real and .personal, in its possession.
The Memphis Trust Company, ¡guardian -as aforesaid, appealed, and has assigned errors, as follows:
First. — The Court erred .in granting petitioner relief. ¡It-should haye adjudged that -she was not entitled to any ;final settlement with her guardian until she arrived at the age of twenty-one years.
Second. — If the decree of the Court below was right with reference to the personal property in the hands of the guardian, it was manifestly erroneous as to -the ireal estate .and the special ■fund derived from the sale of real estate. As to said real estate and said special .fund, it should have decreed that the laws of Tennessee controlled, and that petitioner, May 'Blessing, was not entitled to demand .possession of -same from her
Third. — In any event, the decree of the Court below was erroneous in so far as it adjudged that May Blessing was entitled to the immediate possession of her real estate. It should have adjudged that she was not entitled to such possession until she arrived at the age of tweuty-one years.
It will be observed that while the first assignment of error denies that petitioner was entitled to any settlement with her guardian until she arrives i at the age of twenty-one years, learned counsel • concede, in argument, that so far as the personal property in the hands o'f the guardian is involved, the case vrould be governed by Woodward v. Woodward, 87 Tenn., 644. In that case it was expressly decided that a minor domiciled in another State, but emancipated under its laws from all disabilities of infancy, can receive or recover in the same manner as an adult personal funds to which he is entitled by the law of his domicile held for him by a guardian appointed and resident in this State, and administered under our laws. The lex domicilii controls as to ward’s capacity.
It is insisted, however, by the able counsel for appellant- that the case of Woodward v. Woodward is not controlling either as • to the real estate or as to the special fund in the hands of
“Every minor upon attaining the age of twenty-one years, and every female ward when she is married, upon the receipt of money or estates due either, shall receipt the guardian for the same, in the same manner as legatees, distrubutees, or others interested in the distribution of estates.” Shannon’s Code, See. 4318.
In Woodward v. Woodward, 87 Tenn., this Court, in considering this very statute, said, viz.:
“But does the statute in question do more than provide for wards domiciled in our own State % Is it aimed at nonresident wards ? We do not so' read or understand our statute. We consider that the reference to the age of twenty-one years is for Tennessee wards, and is not for the purpose of fixing arbitrarily that particular age at*243 wbieli the guardian shall settle with wards domiciled in other States, but it uses that age in consequence merely of the fact that under the law of this State a party is a minor until that age is attained, and that the statute, therefore, must be read as though it had. merely provided that the • guardian should settle when the ward attained his majority. The statute referred to by counsel as fixing the age of twenty-one as the earliest period at which a Tennessee guardian can be called on to settle, does not declare a trust in the hands of all guardians until the ward attains twenty-one, 'as is argued. . . . The word ‘twenty-one’ happens to be used in the statute merely because that is the age of majority at common law, which is the law of this State on that subject, there being no statute declairing it, and the wurd ‘twenty-one’ is used as synonymous with ‘full age’ or coming of ‘age,’ as shown by the title to the article, etc. ... So that there is nothing in our statute fixing twenty-one years as the age at which a guardian shall settle with wards who are of full age in the State of their domicile. The only provisions on the subject are the two referred to,' to wit, that the ward on ' coming of age shall give a - receipt; and that if a guardian fails to turn over property to ward at ‘his majority’ or ‘her marriage,’ he is guilty of a misdemeanor. So that, under our law, he is required1 to settle when ward is of full age, and*244 under the jus gentium the petitioner is of full age, and - he must, settle.”
We think this construction of our statute conclusive of this case, whether the property involved be realty or personalty. The statute was designed to fix a time for final settlement with wards in this State, and has no application to, wards who have arrived at full age by the law of their domicile. The Court below so held, and the decree is affirmed. ■