Legal Opinion

Gray's Appeal

Supreme Court of Pennsylvania

Decided November 22, 1880PublishedCited by 5 opinions

Appeal from the Orphans’ Court of Allegheny county: Of October and November Term 1880, No. 289. Appeal of Phineas T. Gray from the decree of the court refusing his .petition to make choice of a new guardian.

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Appeal from the Orphans’ Court of Allegheny county: Of October and November Term 1880, No. 289. Appeal of Phineas T. Gray from the decree of the court refusing his .petition to make choice of a new guardian. On thq 29th of November 1873, the appellant by his next friend W. M. Gray, presented a petition to the Orphans’ Court setting forth that he was the minor child of Phineas T. Gray, deceased, under the age of fourteen years and had no guardian; that he was entitled to real estate of no annual value, and to personal estate amounting to $2000, and praying the court to appoint some fit person…

1Opinion of the Court

The judgment of the Supreme Court was entered November 22d 1880,

2Per curiam

As we understand the decision in McCann’s Appeal, 13 Wright 304, it is very correctly stated in the syllabus : “ The legal discretion of the Orphans’ Court in the appointment of guardianh of the persons and estate of minors is not subject to review by a court of error.” It follows that we ought not to intervene even if we thought that the discretion of the court below was not properly exercised in this case.

Decree affirmed, and appeal dismissed at the costs of the appellant.

3Cited by5 opinions

  1. Morrissey EstateSupreme Court of Pennsylvania · 1970
  2. Givens v. GivensSuperior Court of Pennsylvania · 1982
  3. Givens v. GivensSuperior Court of Pennsylvania · 1982
  4. Schell's EstatePennsylvania Orphans' Court, Snyder County · 1925
  5. Vorse's EstatePennsylvania Orphans' Court, Erie County · 1927

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