157 Ga. 352 | Ga. | 1924
This case is before this conrt upon certiorari to review the decision of the Court of Appeals therein. Davis v. Sturgis, 30 Ga. App. 655 (118 S. E. 700). In addition to the facts stated in the opinion of the Court of Appeals, there are other pertinent facts appearing in the record which should be stated. Attached to the petition of the plaintiff and forming part thereof are the annual returns of the guardian, showing receipts and expenditures for the period of her guardianship, beginning with 1914. and ending with 1922. The following two items appear in the return for 1914: “Stock and farm supplies, $141.48; improvements, $115.55.” In the'return for 1915 are these items: “Farm supplies, feed stuffs, etc., $495.86; improvement of farm and buildings, $373.69.” In the 1916 return are these items: “Farm supplies, improvements, $1211.30; farm supplies, $240.” In the guardian’s return for 1917 are these items: “Farm improvements, $254.10; farm supplies, $513.48.” In the 1918 return are: “Farm improvements, $798.37; piano and lessons, $605.33.” In the 1919 return are: “Farm improvements, $1668.91; farm expenses, $506.05.” In the 1920 return are: “Farm expenses, $972.90; improvements on farm, $1805.33; furniture, $169.50.” In the 1922 return are: “Furniture, $654.35.” The guardian’s return for the year 1921, if she made one, is not attached to the petition. Tt will thus be seen that the guardian, during the years, 1914 to 1920, inclusive, expended, exclusive of the charge of $1211.30 in 1916, which is a mixed item of farm supplies and improvements, in farm improvements and buildings the sum of $5015.95. The amounts expended by the guardian in the maintenance and education of the ward during this period were well within the income from the estate of the ward.
It is the duty of a guardian to protect and maintain and, according to the circumstances, to educate the ward. Civil Code (1910), § 3058. In doing this every guardian should be allowed all reasonable disbursements and expenses suitable to the circumstances of the orphan committed to his care; but the expenses of maintenance and education must not exceed the annual profits of the estate, except by the approval of the ordinary previously granted. Civil Code (1910), § 3060. This court has held that
The guardian’s power to make contracts, binding upon the estate of the ward, is strictly limited. “The guardian cannot borrow money and bind his ward therefor, nor can he, by any contract other than those specially allowed by law, bind his ward’s property, or create any lien thereon.” Civil Code (1910), § 3074. “A guardian is not permitted by law to bind the estate of his ward by a contract for the purchase of goods on credit, even though the goods be for the use of the ward and properly classed as necessaries.” Fidelity &c. Co. v. Rich, 122 Ga. 506 (50 S. E. 338); Rich v. Fidelity Co., 126 Ga. 466 (55 S. E. 336). “A contract for the improvement of the real estate of the ward by the erection of buildings thereon is not one which the law authorizes the guardian to enter into and charge the ward’s estate therefor.” Burke v. Mackenzie, 124 Ga. 248 (52 S. E. 653). In First National Bank v. Mead, supra, the guardian purchased fertilizers to enable him to carry on the farming operations for his minor wards on their lands, and the wards “received the benefits of these fertilizers, both in income and improvement of their joint estate.” This court in that case said: “There is no law authorizing the guardian to contract, under the facts alleged in the petition, for the purchase upon credit of the fertilizers represented by the account sued upon.” A guardian cannot make valid and binding contracts for improvements and buildings on lands of his ward, because the law does not specially authorize him to do so. If the law does not allow him to contract for such improvements and buildings with others, by what authority can he himself make them, and charge his ward with the expense of making them?
A guardian, this court has held, cannot buy on credit fertilizers from another for use on the lands of his ward, because the law does not permit him to do so. His contract for the purchase of fertilizers for such purpose cannot be enforced against the estate of the ward, because the law does not allow him to bind the corpus of the
We are of the opinion that guardians are without authority to make contracts with third persons for erecting buildings or other improvements on the lands of their wards; and that they are likewise without authority to erect such improvements themselves, and make expenditures therefor charges upon the estates of their wards, even with the approval of the ordinary. Johnson v. Parnell, 60 Ga. 661. Whether, where a mother, who is the guardian of her minor daughter, makes valuable, permanent improvements on the lands of her minor daughter and ward, whereby the value of such lands is enhanced, at a time when the mother is in debt and is insolvent, the creditors of the mother guardian, or her trustee in bankruptcy, can subject the lands of the ward to the payment of such improvements under equitable principles and proper allega
. For the reasons above stated, we reverse the judgment of the Court of Appeals.
Judgment reversed.