42 Ky. 160 | Ky. Ct. App. | 1842
delivered the opinion of the Court.
In May 1824, William Patton was appointed by the Christian County Court, guardian to his four infant children, who are the defendants in error, and executed bond with David S. Patton, Robert G. Patton, and Mathew Patton, Jr., as his securities. In 1824-5, several sums of money, some slaves and plate, came to the guardian’s hands, from the estate of the grand father of the wards. William Patton having died, the wards, by their next
We also think that the father should have been allowed, under the circumstances of this case, for the maintenance, education, &c. of the infants, the interest upon ... ... i ,, ,. „ 1 , their money m his hands, as well as the use of their slaves, and that no charge should have been made against his estate during his life, for interest or hire, the amount as it appears, being greatly below an amount that would be requisite for their maintenance, &e. Though a father, in the general, is bound to support his children out of his own means; when he is poor, or his means limited, and even in some cases, where his means are abundant, but their income is greater than his, a Court of Equity will allow him to apply their means to their support and education. Story’s Equity, 2, 577 — Kent's Com. But after •his death, they have a right to interest and the hire of their slaves, so far as they have not received the same. ¡David S. Patton is personally responsible for the sum for which he sold their negro woman Delilah, or her value and interest on the amount. He had no power to sell ¡her, as the administrator of Wm. Patton, deceased — she was no part of his estate.
But as Win. Patton was the principal in the guardian bond, his whole estate, rea! and personal, should be first
Both the decrees of 1837 and 1838, with the amendment to the latter, are reversed, and cause remanded, that further proceedings may be had not inconsistent with this iymiion.