§ 167.: Control of property by guardian.— - Christopher G. Tiedeman, A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint, vol. 2 
A Treatise on State and Federal Control of Persons and Property in the United States considered from both a Civil and Criminal Standpoint (St. Louis: The F.H. Thomas Law Book Co., 1900). Vol. 2.
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- State and Federal Control of Persons and Property. Vol. II.
- Chapter X.: State Regulations of Real Property.
- § 133.: What Is Meant By “private Property In Lands?”—
- § 134.: Regulation of Estates—vested Rights.—
- § 135.: Interests In Expectancy.—
- § 136.: Limitation of the Right of Acquisition.—
- § 137.: Regulation of the Right of Alienation.—
- § 137 A.: the Right of Testamentary Alienation and Intestate Succession—taxation of Inheritances.—
- § 138.: Involuntary Alienation.—
- § 139.: Eminent Domain—general Propositions. 2 —
- § 140.: Exercise of Power Regulated By Legislature.—
- § 141.: Public Purpose, What Is A.—
- § 142.: What Property May Be Taken.—
- § 143.: What Constitutes a Taking.—
- § 144.: Compensation, How Ascertained.—
- § 145.: Regulation of the Use of Lands—what Is a Nuisance?—
- § 146.: What Is a Nuisance, a Judicial Question.—
- § 147.: The Regulation of Unwholesome and Objectionble Trades.—
- § 148.: Regulation of Mines and Mineral Products.—
- § 149.: Regulation of Burial-grounds.—
- § 150.: Laws Regulating the Construction of Buildings In Cities.—
- § 151.: Regulation of the Right to Hunt Game and to Catch Fish. 3 —
- § 152.: Abatement of Nuisances—destruction of Buildings.—
- § 153.: How Far Use of Land May Be Controlled By Requirement of License?—
- § 154.: Improvement of Property At the Expense and Against the Will of the Owner.—
- § 155.: Regulation of Non-navigable Streams—fisheries.—
- § 156.: Conversion of Non-navigable Into Navigable Streams.—
- § 157.: Statutory Liability of Lessors For the Acts of Lessees.—
- § 158.: Search Warrants—sanitary Inspection.—
- § 159.: Quartering Soldiers In Private Dwellings.—
- § 160.: Taxation—kinds of Taxes.—
- § 161.: Limitations Upon Legislative Authority.—
- Chapter XI.: State Regulation of Personal Property.
- § 162.: Laws Regulating the Creation and Acquisition of Interests In Personal Property—real and Personal Property Herein Distinguished.—
- § 163.: Statute of Uses and Rule Against Perpetuity As Regulations of Personal Property.—
- § 164.: Regulation and Prohibition of the Sale of Personal Property.—
- § 165.: Laws Regulating Disposition of Personal Property By Will. 2 —
- § 166.: Involuntary Alienation.—
- § 167.: Control of Property By Guardian.—
- § 168.: Destruction of Personal Property On Account of Illegal Use. 2 —
- § 169.: Destruction of Personal Property In the Interest of Public Health.—
- § 170.: Laws Regulating the Use of Personal Property.—
- § 171.: Prohibition of Possession of Certain Property.—
- § 172.: Regulation and Prohibition of Manufacture of Certain Property.—
- § 173.: Carrying of Concealed Weapons Prohibited.—
- § 174.: Miscellaneous Regulations of the Use of Personal Property.—
- § 175.: Laws Regulating Use and Keeping of Domestic Animals.—
- § 176.: Keeping of Dogs.—
- § 177.: Laws For the Prevention of Cruelty to Animals.—
- § 178.: Regulation of Contracts and Rights of Action.—
- § 179.: Regulation of Ships and Shipping.—
- Chapter XII.: State Regulation of the Relation of Husband and Wife.
- § 180.: Marriage, a Natural Status, Subject to Police Regulation.—
- § 181.: Constitutional Limitations Upon the Police Control of Marriages.—
- § 182.: Distinction Between Natural Capacity and Legal Capacity.—
- § 183.: Insanity As a Legal Incapacity.—
- § 184.: The Disability of Infancy In Respect to Marriage.—
- § 185.: Consanguinity and Affinity.—
- § 186.: Constitutional Diseases.—
- § 187.: Financial Condition—poverty.—
- § 188.: Differences In Race—miscegenation.—
- § 189.: Polygamy Prohibited—marriage Confined to Monogamy.—
- § 190.: Marriage Indissoluble—divorce.—
- § 191.: Regulation of the Marriage Ceremony.—
- § 192.: Wife In Legal Subjection to the Husband—its Justification.—
- § 193.: Husband’s Control of Wife’s Property.—
- § 194.: Legal Disabilities of Married Women.—
- Chapter XIII.: State Regulation of the Relation of Parent and Child, and of Guardian and Ward.
- § 195.: Original Character of the Relation of Parent and Child—its Political Aspect.—
- § 196.: No Limitation to State Interference.—
- § 196a.: People V. Turner.—
- § 197.: Compulsory Education.—
- § 198.: The Child’s Right to Attend the Public School—separate Schools For Negro Children—expulsion From School Must Be For a Reasonable Cause.—
- § 199.: Parent’s Duty of Maintenance.—
- § 200.: Child’s Duty to Support Indigent Parents.—
- § 201.: Relation of Guardian and Ward Altogether Subject to State Regulation.—
- § 202.: Testamentary Guardians.—
- Chapter XIV.: Police Regulation of the Relation of Master and Servant.
- § 203.: Terms “master and Servant” Defined.—
- § 204.: Relation Purely Voluntary.—
- § 205.: Apprentices.—
- § 206.: Regulation of Private Employment.—
- § 207.: Public Employments.—
- Chapter XV.: State Regulation of Corporations.
- § 208.: The Inviolability of the Charters of Private Corporations.—
- § 209.: Police Control of Corporations.—
- § 210.: Freedom From State Control, As a Franchise.—
- § 211.: Police Regulations of Corporations In General.—
- § 212.: Laws Regulating Rates and Charges of Corporations.—
- § 213.: Regulation of Foreign Corporations.—
- § 214.: Regulations of Railroads.—
- Chapter XVI.: The Location of Police Power In the Federal System of Government.
- § 215.: The United States Government One of Enumerated Powers.—
- § 216.: Police Power Generally Resides In the States.—
- § 217.: Regulations Affecting Interstate Commerce.—
- § 218.: License Tax Upon Drummers and Peddlers.—
- § 219.: Taxation of Interstate Commerce.—
- § 220.: State Regulation and Prohibition of Interstate Commerce, Particularly, Articles of Merchandise.—
- § 221.: State Regulation of Railroads and Other Common Carriers, and of Their Business, When an Interference With Interstate Commerce.—
- § 222.: The Jurisdiction of Anti-trust Laws, National and State, As Affected By the Interstate Commerce Clause.—
- § 223.: Control of Navigable Streams.—
- § 224.: Regulation of Harbors—pilotage Laws.—
- § 225.: National and State Quarantine Laws.—
- § 226.: Regulation of Weights and Measures.—
- § 227.: Counterfeiting of Coins and Currency.—
- § 228.: Regulation of the Sale of Patented Articles.—
- § 229.: War and Rebellion. 5 —
- § 230.: Regulation of the Militia.—
- § 231.: Taxation.—
- § 232.: Regulation of Offenses Against the Law of Nations.—
- § 233.: The Exercise of Police Power By Municipal Corporations.—
Control of property by guardian.—
The control of the ward’s property is so common an authority of the guardian, that it is altogether unnecessary to refer to cases in support of the constitutionality of a law which invests the guardian with this control over the property of the infant ward. The helplessness of the minor, and his inability to manage his property in a careful manner, resulting from his immaturity, constitute sufficient reasons for taking from him the control of his property. The powers of the guardian are dependent upon the provisions of the law, and are constantly subject to legislative regulation and change. The common law gave to the guardian of a minor the power to manage his real estate, lease it and collect the rents, make repairs, etc., but he had not the power to make a sale of it in fee, without an order from a court of equity. And this is the general rule, in this country, at the present day. But the guardian has, in the absence of statutes to the contrary, the ordinary power of selling and disposing of the personal property of the minor, whenever he should deem it advisable to do so. And it seems that, after a guardian has been appointed and has taken charge of the ward’s estate, he acquires such a vested interest in the property during the guardianship, that a law would be unconstitutional, because it deprived him of a vested right, which provided for the sale of the minor’s property by another, even though the other person be the mother of the ward.
Not only is it a legitimate exercise of police power to place the control of a minor’s property in the hands of a guardian; but it is equally competent to place under guardianship the person and property of all other persons, who from any cause may become unable to take care of themselves. There can be no doubt of the power to treat the insane in this manner. And it has been held to be competent, in the exercise of the police power, to place habitual drunkards under guardianship. The assumption by the guardian of the control of the property of the drunkard would not be an unlawful deprivation of property. The derangement of mind, resulting from habitual intemperance, would place him in the same category with the ordinary insane.
The claim has also been made that the property of spendthrifts may be taken from them and placed under the control of a guardian or curator. But it would appear to be a very difficult matter to determine just what degree of extravagance will make the possessor of property a spendthrift. And before that difficulty could be overcome, it would be necesary to determine what makes one a spendthrift. Webster defines a spendthrift to be “one who spends money profusely or improvidently.” If that be taken as a correct definition, it would be difficult to discover in it the element which would justify this exercise of police power. If it be established that his improvident expenditures are the acts of a deranged mind, then he could lawfully be placed under guardianship, on the ground that he is suffering from a form of dementia. But if a perfectly sane man chooses to spend a fortune in high living; prefers the pleasures of a riotous life, with poverty in advanced years, to an equable and moderate expenditure of his income, with the enjoyment of ease and comfort through life, and a proper provision for his heirs; who can lawfully hinder him from making the choice? A man can do what he please with his own property, provided he does not interfere with or transgress some vested right of another. He may, like Raphael Aben Ezra, give away his entire fortune, and become a beggar and a wanderer upon the face of the earth; and no one in a free State dare deny him that privilege. And what he could give away, without receiving any equivlent therefor, he may dispose of in riotous living.
See Schouler Dom. Rel. 480-487.
See Schouler Dom. Rel. 461-479.
Lincoln v. Alexander, 52 Cal. 482 (28 Am. Rep. 639).
Wadsworth v. Sharpsteen, 8 N. Y. 388; Imhoff v. Whitmer, 21 Pa. St. 243; Devin v. Scott, 34 Ind. 67.
See Schouler Dom. Rel. 404.