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1 Wright 119

Campbell v. English

Ohio Supreme Court

Decided October 15, 1832

Ohio Supreme Court · decided 1832-10-15

Upon the record, the following questions are submitted to the court, the determination ■of which will affirm or reverse the judgment of the court below. 1. Is the security upon an administrator’s bond, liable for money -coming into the administrator’s hands as the proceeds of a sale of land upon petition for partition, by the heirs of the intestate? 2.

Decided 1832-10-15

LANE, J.

¶1The sale of land upon a petition for partition is one of the duties enjoined by law in certain cases upon the administrator, and is, therefore, e'mbraeed. in the bond for the performance of his: duties; 4 O. 127.

¶2A guardian for a female under twelve years continues only till the ward attains to that age. A guardian, or a man that has been guardian, after his guardianship has expired, has no more power *120than if he had never been appointed. The money, in this case, was-due the child, and the payment to one having no authority is no payment. If proof were admitted, that the child said, after she was of full age, that she had dealt with her former guardian, as guardian, how would it avail? Would her acts, while an infant, change the law? We should think not. .

¶3The judgment is affirmed.

¶4[Guardianship of female under 12 years old expires at that age,, and guardian’s power ceases; approved, Perry v. Brainard, 11 O. 442. 444.]

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