17 Ala. N. s. 306. He can invest the money of his ward in real estate only by order of court 3 Ind. 320; 6 id. 628 ; 3 Yerg. Tenn. 336; 21 Miss. 9 ; 38 Me. 47. Nor can be convert real estate into personalty without a similar order. 25 Mo. 548 ; 2 Jones, Eq. No. C. 411 ; 3 Jones, No. C. 42 ; 4 id. 15; 16 B. Monr. Ky. 289; 18 id. 387 ; 1 Rawle, Penn. 293 ; 1 Ohio, 232; 1 Dutch. N. J. 121 ; 2 Kent, Comm. 230.
9. He may lease the land of his ward, 1 Parsons, Contr. 114; 2 Mass. 56; but if the lease extends beyond the minority of the ward the latter may avoid it on coming of age. 1 Johns. Ch. 561 ; 10 Yerg. 160; 2. Wils. 129 ; 7 Johns. N. Y. 154 ; 5 Halst. N. J. 133. The same principle is applied to the hiring of a Ward's slave. 13 Ired. No. C. 475. He may sell his ward's personalty without order of court, 27 Ala. N. s. 198; 19 Mo. 345, and dispose of and manage it as be pleases.
2 Pick. Mass. 243. He is required to put the money out at interest, or show that he was unable to do this. 21 Miss. 9 ; 2 Wend. N. Y. 424 ; 1 Pick. Mass. 527 ; 18 id. 1; 1 Johns. Ch. N. Y. 620; 5 id. 497; 7 Watts & S. Penn. 48; 13 Eng. L. & Eq. 140. If he spends more than the interest and profits of the tate in the maintenance and education of the ward without permission of the court, he may be held liable for the principal thus sumed. 1 Smedes & M. Ch. Miss. 545 ; 26 Miss. 393; 6 B. Monr. Ky. 1292; 2 Strobh. Eq. So. C. 40; 2 Sneed, Tcnn. 520.
10. If he erects buildings on his ward's estate out. of his own money, without order of court, he will not be allowed any compen sation. 11 Barb. N. Y. 22; 8 id . 48; 11 Penn. St. 326; 23 Miss. 189; 24 id. 204. He is not chargeable with the services of his wards if for their own benefit he requires them to work for him. 12 Gratt. Va. 608. A mar ried woman guardian can convey the real estate of her ward without her husband join ing. 2 Dougl. 433. On marriage of a female minor in Mississippi, her husband, although a minor, is entitled to receive her estate from her guardian. 3 Miss. 893.
11. Contracts between guardian and ward immediately after the latter has attained his majority are unfavorably regarded by the courts, and will be set aside where they re dound to the profit of the guardian. 4 Serg.
& R. Penn. 114; 5 Bnin. Penn. 8 ; 8 Md. 230; 28 Miss. 737 ; 14 B. Monr. Ky. 638 ; 12 Barb. N. Y. 84; 10 Ala. N. s. 400. Neither is he allowed to purchase at the sale of his ward's property. 2 Jones Eq. No. C. 285 ; 22 Barb. N. Y. 167. But the better opinion is that such sale is not void, but voidable only. 2 Gray, Mass. 141; 10 Humphr. Tenn. 275. He is not allowed, without permission of court under some statute authority, to remove his ward's property out of the state. 24 Ala. N.
s. 486. He cannot release a debt due his ward, 1 J. J. Marsh. Ky. 441 ; 11 Mo. 649, although he may submit a claim to arbitra tion. 22 M'ss. 118 ; 11 Me. 326 ; 6 Pick. Mass. 269; Dy. 216; 1 Ld. Raym. 246. He cannot by his own contract bind the person or estate of his ward, 6 Mass. 58 ; 1 Pick. Mass. 314, nor avoid a beneficial contract made by his ward. 13 Mass. 237 ;•Coke, Litt. 17 b, 89 a.
12. He is entitled to the care and cus tody of the person of his ward. 7 Humphr. Tenn. 111; 4 Bradf. Surr. N. Y. 221. If a female ward marry, the guardianship termi nates both as to her person and property. It has been thought to continue over her pro perty if she marries a minor. If a male ward marries, the guardianship continues as to his estate, though it has been held otherwise as to his person. If he marries a female minor, his guardian will also be entitled to her property. Reeve, Dom. Rd. 328 ; 2 Kent, Comm. 226.
13. A guardian may change the residence of his ward from one county to another in the same state. But it seems that the new county may appoint another guardian. 4 Bradt'. Surr. N. Y.221. Whether he has the right to remove his ward into a foreign juris diction has been a disputed question. By the common law, his authority both over the per son and property of his ward was strictly local. 1 Johns. Ch. N. Y. 156 ; 1 N. IL 193 ; 12 Wheat. 169; 10 Miss. 532. And this is the view maintained in most of the states. See Story, Conti. Laws, 540. But see, on this question, 5 Paige, Ch. N. Y. 596 ; 8 Ala. N. s. 789 ; 11 id. 461; 18 id. 34; 11 Ired. No. C. 36 ; 9 Md. 227 ; 3 Mer. Ch. 67 ; 5 Pick. Mass. 20 ; 2 Watts & S. Penn. 548.