| Mass. | Mar 3, 1879

Colt, J.

The evidence offered was properly rejected, as immaterial. The rule is, that a guardian can make no contract binding upon the ward, or upon his estate. The guardian has only the control and management of the ward’s estate, with no title to it; a power not coupled with an interest. He may make contracts in his own name, but they only bind himself; and the ward does not become a party to them after the death or discharge of the guardian. Thacher v. Dinsmore, 5 Mass. 299" court="Mass." date_filed="1809-05-15" href="https://app.midpage.ai/document/thacher-v-dinsmore-6403391?utm_source=webapp" opinion_id="6403391">5 Mass. 299. Hicks v. Chapman, 10 Allen, 463. Simmons v. Almy, 100 Mass. 239" court="Mass." date_filed="1868-10-15" href="https://app.midpage.ai/document/simmons-v-almy-6415497?utm_source=webapp" opinion_id="6415497">100 Mass. 239.

The plaintiffs bring themselves within no exception to the rule. The contract here relied on, moreover, is one which, inde*367pendently of the rule, would not be binding on the minors, if made by them; for repairs on a dwelling-house are not necessar ries in the technical sense of the word. Tupper v. Cadwell, 12 Met. 559.

Exceptions overruled.

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