Reply – Re: Contracts in Infancy
Your Name
Subject
Message
or Cancel
In Reply To
Re: Contracts in Infancy
— by william-michael william-michael
Treatise on Suits in Chancery 1907: 2nd edition by Henry R Gibson.  Go to page 54.

"§ 35. When Parties are Disabled to Act the Chancery Court will Act for Them
.

21a-Persons of unsound mind are disabled to act for themselves by nature; infants are disabled both by nature and by law, and married women are disabled by law alone. As a rule, none of these three classes can of themselves enter into any important contract, especially contracts relative to lands. But it is often of great importance to their welfare, to convert their property into another form, or to expend it for their urgent necessities; and the law would be greatly defective in this important matter if it furnished no remedy for such emergencies. The Chancery Court gives this remedy, and has full jurisdiction to do everything necessary for the welfare of persons under disability; it may sell, lease or exchange, their lands; convert personality into realty, or realty into personality; order the expenditure of any part of the principal of their estates for their education, or maintenance; and, in general, do any any act indispensable to their welfare, the Court at all times having in view the best interests of the parties; and acting as would a preferred and considerate parent.22
       
         21a  While this is not a maxim, it is nevertheless a fundamental principle of Equity.
         
         22  Ridley v. Halladay, 22 Pick., 607. It is the peculiar province of Courts of Equity to give all needed and appropriate relief in case of infants whose rights have been sacrificed. Cody v. Roane Iron Co., 21 Pick., 515. The Chancery Court acts as guardian for all persons under disability; and, on proper application, will protect them from cupidity of faithless guardians and relatives, and the rapacity of unscrupulous strangers. But while accorded full protection they are not entitled to have technicalities strained in their behalf, especially against a stranger guilty of no unconscientious conduct." (Emphasis supplied.)"

Check this out going back to §24 Maxims of Jurisdiction in this same book.  Go back now to page 44.

Maxims of Jurisdiction