McCormick v. Joyce
Supreme Court of Pennsylvania
In error from the Common Pleas of Bucks. Dee. 28. Assumpsit by McCormick, executor of Boyd, who was the guardian of Joyce, to recover the balance found due to the guardian, on settlement of his accounts in the Orphans’ Court. In 1837, Joyce being a minor above the age of fourteen, Boyd applied to the Orphans’ Court to have a settlement of his accounts, and be discharged from the guardianship.
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In error from the Common Pleas of Bucks. Dee. 28. Assumpsit by McCormick, executor of Boyd, who was the guardian of Joyce, to recover the balance found due to the guardian, on settlement of his accounts in the Orphans’ Court. In 1837, Joyce being a minor above the age of fourteen, Boyd applied to the Orphans’ Court to have a settlement of his accounts, and be discharged from the guardianship. In this settlement, of which notice had been given to the ward, the credits claimed were for interest paid on a mortgage; repairs to buildings on the property of the ward; expenses and commissions. There…
1Opinion of the CourtBell, J.
The sole question raised upon this record, is whether the account settled by the plaintiff’s testator, as guardian of the defendant, during the minority of his ward, was competent evidence to establish, even prima facie, the alleged indebtedness of the ward to the guardian, for and on account of payments made by the latter beyond the trust-fund which came into his hands. It is supposed to be evidence for this purpose, because it received the sanction of the Orphans’ Court, by its order of confirmation of the 15th of February, 1837, which, as it is said, is in the nature of a decree binding…
2Cases cited1 opinion
- Case of RichardsSupreme Court of Pennsylvania · 1821