Willim H. Baldy, a citizen of Georgia, died in that state prior to the Civil War, leaving several children, one of whom was Marianne J. Baldy, who became of full age on the 21st day of February, 1875.
In 1857, Dr. E. H. W. Hunter was appointed her guardian, and, after duly qualifying as such, took possession of the estate of his ward.
By an act of the legislature of Georgia, passed on the 16th day of December, 1861, guardians, trustees, executors, and administrators were authorized to invest any funds held by them in the bonds issued by the Confederate States, or in lands and negroes, order to that effect being first obtained from a judge of the superior court, who was empowered to consider and pass such applications, either in term time or vacation. Laws Ga. 1861, p. 32.
On the 25th day of April, 1863, the superior court of Jefferson county, Ga., passed an order granting leave to the guardian of Miss Baldy to invest certain funds then in his hands in Confederate bonds. This order was granted upon the petition of the guardian, who expressed the opinion that such funds should be so invested. On the same day the investment was made.
The legislature of Georgia, by an act approved March 12, 1866, entitled 'An act for the relief of administrators, executors, guardians and trustees, and for other purposes,' declared that all administrators, executors, guardians, and trustees who, in pursuance of an order, judgment, or decree of any court having jurisdiction, or of any law of that state, bona fide invested the funds of the estate they represented in the bonds, notes, or certificates of the state of Georgia or of the Confederate States, 'be and they are hereby relieved from all the penalties of mismanagement, misappropriation or misapplication of the funds of the estates they represent, by reason of such investments,' and that all administrators, executors, guardians, and trustees claiming the benefit of the provisions of that act should, before their final settlement, make oath before the ordinary of the county in which they had theretofore made their returns, 'showing what funds of the estates they represent they have so invested, and shall also swear that the notes, bonds or certificates, so held by them, are the same kind of currency which they received for the estates they so represent.' Laws Ga. 1865-66, p. 85.
On the 2d day of July, 1866, the guardian made a return to the proper court of his acts for the years 1864 and 1865, showing the amount in his hands, and also made oath before the ordinary of Jefferson county, Ga., 'that in 1863, in pursuance of an order, judgment, or decree of the superior court of said county, as guardian of M. J. Baldy, a minor, he did bona fide invest twelve hundred dollars of the funds of said minor in the eight per cent. bonds of the Confederate States, and that the bonds so held by him are the same kind of currency which he received for said minor's estate.'
In 1876 Hunter received from the ordinary of Jefferson county letters of dismissal as guardian of the several children of William H. Baldy. He died nine years thereafter, in 1885, and this suit was brought in 1893 against his executor, in the name of Marianne J. Baldy, by her next friend, she having become of unsound mind as far back at least as 1875, and being at the time this suit was brought in a lunatic asylum.
At the trial below the plaintiff asked the court to instruct the jury that 'an investment by a guardian of money of his ward during the Confederate war, and while both guardian and ward were residing within the Confederate territory, in bonds of the Confederate States, was unlawful, and the guardian is responsible to the ward for the sum so invested'; and that no act of the legislature of the state 'passed during the late war, authorizing the guardian to invest the funds of his ward in Confederate bonds, and no order of any court of the state granted in pursuance of said act of the legislature, would authorize such investment.' Both of these instructions were refusd .
It is not contended that the case involves any question as to the statute of limitations.