Pote's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Bedford county: Of January Term, 1884, No. 153. This was an appeal by John B. Pote, from a decree revoking his appointment as guardian of Mary Margaret Irene Pote, a minor, and confirming the appointment of D. S. Brumbaugh as guardian of said minor.
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Appeal from the Orphans’ Court of Bedford county: Of January Term, 1884, No. 153. This was an appeal by John B. Pote, from a decree revoking his appointment as guardian of Mary Margaret Irene Pote, a minor, and confirming the appointment of D. S. Brumbaugh as guardian of said minor. From the petitions and answer hereinafter referred to, the facts appeared to be as follows: Harriet L. Pote, a single woman, daughter of John B. Pote, became the mother.of a female child on or about the 18th day of February, 1876, the putative father being Dr. S. S. Brumbaugh. Claims on behalf of the mother were…
1Opinion of the CourtJustice Clark
The appointment of a guardian is a final decision or decree, from which an appeal lies to this court, but the legal discretion of the Orphans’ Court, in the appointment of a guardian of a person and estate of a minor, is not the proper subject of review: McCann’s Appeal, 13 Wright, 304. The Orphans’ Court must judge of the fitness of the person proposed, and the action of that court can be rejudged here, only when it disregards a positive rule of law in making the appointment: Senseman’s Appeal, 9 Harris, 331; Gray’s Appeal, 15 Norris, 243.
If, therefore, the appointment of D. S. Brumbaugh, as…
2Cases cited1 opinion
- Moritz v. GarnhartSupreme Court of Pennsylvania · 1838
3Cited by19 opinions
- Allison v. BryanSupreme Court of Oklahoma · 1910
- Gwiszcz AppealSuperior Court of Pennsylvania · 1965
- Latney's AppealSuperior Court of Pennsylvania · 1941
- Garrett v. MahaleySupreme Court of Alabama · 1917
- Wallace v. BlanchardNew Mexico Supreme Court · 1920
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