The Business Mans Legal Adviser volume 5

Cover The Business Mans Legal Adviser volume 5
The Business Mans Legal Adviser volume 5
Albert Sidney Bolles
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1 8. A guardian has the general management of his ward's estate, and to a considerable degree acts according to his own discretion and judgment. He must exercise ordinary prudence and care. Should he not do so he will, be held liable for the consequences. Too often he has abused his trust. For this he can be called to account by the court during his guardian- ship, or else by the ward after attaining his majority.
In one of the cases a court has remarked that the fiduciary relation requires vig
...ilance as well as honesty. A dead and sluggish calm, a supine negligence is full of peril to a minor; it is often as fatal as positive dishonesty.
19. In a general way a guardian's duties and powers are like those of an ordinary trustee. He should take possession of his ward's property of every kind and enforce any claim the ward may have against other persons to any kind of property. To this end he may maintain suits whenever they are necessary.
Legal proceedings should ordinarily be conducted in the ward's name, but many of the rules pertaining to them are technical, and need not be considered ioi4 BUSINESS MAN'S LEGAL ADVISER here.


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