91 Mass. 102 | Mass. | 1864
The relation of a guardian to his ward is not that of an ordinary trustee to his cestui que trust; but the title to the property is in the ward; the trust of the guardian consists in the control and management of the ward while under age, and of the property until he discharges himself of his duty by accounting for it according to law. If he continues in the possession and management of the property after the ward has come of age witnout settling his accounts, it is in effect a continuance of the guardianship as to the property. Mellish v. Mellish, 1 Sim. & Stu. 138. Morgan v. Morgan, 1 Atk. 489. Among the duties undertaken by a guardian on assuming his trust, as set forth in
The .assignments executed by Chamberlain to the plaintiff do not stand upon the footing of voluntary assignments; for the previous receipt of the ward’s money and the fiduciary relation between the parties were a sufficient consideration. It appears by the original assignments (which there is nothing to contradict) that they were executed and delivered in the presence of an attesting witness in the form required by law to pass such property. As the title to the ward’s estate was in him and not in the guardian, the evidence of the trust in the securities in question would properly be in the form, which was actually adopted, of an assignment to the. ward himself, rather than a declaration of the trust upon which the guardian should continue to hold it for the ward’s benefit. Yet so long as the guardian had not settled his accounts, but continued in the relation of guardian so far as related to property, he would
The assignments to the ward having been made lor a valuable consideration, and completed more than a year before the institution of proceedings in insolvency, the assignor’s insolvency at the time of making the assignments to the ward is immaterial, and the assignee under those proceedings has no title to these securities as against the ward. Demwrrer overruled.