
    Petition of David Tucker & Al., Guardians.
    Court have no authority to license the sale of the real estates of spendthrifts by their guardians.
    The Attorney-General (Sullivan) presented a petition of David Tucker, William, Peirce, and John Ruggles, Jun., who, as selectmen of Milton, in the county of Norfolk, had been appointed, by the judge of probate for said county, guardians of one Jahez Sumner, of said Milton, pursuant to the 8th section of “An Act empowering the judges of probate to appoint guardians to minors and others,” passed March 10, 1784. The petition stated that the persona estate of said Sumner amounted to 186 dollars ; that there were debts due from his estate amounting to 141 ; that, in the opinion of the petitioners, (which was fortified by a certificate from the judge of probate for the county of Norfolk,) it was expedient that the whole of the personal property of their ward should be retained for the use of him and his family, and that a portion of the real estate be sold for the payment of the debts, — and they prayed amnority to sell the same accordingly.
   The Court

were of opinion that their power to license the sale of real estate ought to be given them by express words, or * by necessary construction. No express words are [*158] contained in the statute ; and such a construction is not necessary, for the guardians of spendthrifts may in many cases exe cute all the duties of their office without selling real estate.

Petition dismissed. 
      
      
         Sed vide Stat. 1806, c. 102, Stat. 1818, c. 112, whereby authority is given to such guardian to sell estate of the spendthrift in certain cases.
     