Legal Opinion

McElhenny's Appeal

Supreme Court of Pennsylvania

Decided November 2, 1863PublishedCited by 4 opinions

Appeal from the Orphans’ Court of Allegheny county. This was an appeal by John McElhenny, late guardian of Mary Jane Swords, deceased, from the decree of the Orphans’ Court on the auditor’s report on his account. All the material facts of this case, and the matters assigned for error here, are sufficiently stated in the opinion of this court.

1Opinion of the Court

The opinion of the court was delivered, November 2d 1863, by

Strong, J.

Considering the facts of this case, as found by the auditor and uncontroverted, it is a hard measure of justice which has been meted out to this appellant. He was a guardian, and entered upon his duties in 1852. His guardianship continued until the death of the ward in 1861. It is expressly found that he performed his duties, and managed the trust estate. with fidelity, skill, and success; that the estate of the ward, ■when it came to his hands, was realty; that all the funds received by him were derived from the sale of…

2Cases cited1 opinion

  1. Hoopes v. BrintonSupreme Court of Pennsylvania · 1839

3Cited by4 opinions

  1. Estate of Victoria S. Murray, Dec'd.Superior Court of Pennsylvania · 1931
  2. Barth EstateSuperior Court of Pennsylvania · 1951
  3. Fluck EstatePennsylvania Orphans' Court, Delaware County · 1949
  4. McGeehan EstateSupreme Court of Pennsylvania · 1959

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