93-13-35 - Allowance for maintenance and education of ward.
§ 93-13-35. Allowance for maintenance and education of ward.
The chancery court or chancellor in vacation, may, at discretion, settle the sum to be expended in the maintenance and education of a ward, having regard to his or her station, future prospects and destination; and may allow expenditures in excess of the income of the estate, and, if necessary, may order sale of so much of the personal estate as may be necessary to meet such expenditures. And if the personal estate and the rents and profits of the real estate be not sufficient for the maintenance and education of the ward, the court may, on investigation, decree the sale of such part of the real estate of the ward as may be necessary for the purpose; but if it be more advantageous to the ward, the court may order the sale of real estate in preference to the sale of personal property. No guardian shall make any expenditure in excess of his ward's income for the ward's support and education without a previous order of the court or chancellor authorizing the same.
Sources: Codes, Hutchinson's 1848, ch. 36, art. 1(131); 1857, ch. 60, art. 150; 1871, § 1220; 1880, § 2109; 1892, § 2197; 1906, § 2413; Hemingway's 1917, § 1974; 1930, § 1876; 1942, § 412; Laws, 1894, ch. 57.