Case of Gelbach's Appeal
Supreme Court of Pennsylvania
APPEAL by Frederick Gelbach from the. decree of the Orphans’ Court of Lancaster county. ' . <. . , , Frederick Gelbach, the father of the appellant, died in the year, 1813, seised .in fee of a considerable real estate,. in J ’ • 7 . , . Lancaster county, intestate and leaving a widow and teen children. On the petition of one of the children, the Orphans’ Court ordered an inquest to make partition of the T , . ,1,, estate.
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APPEAL by Frederick Gelbach from the. decree of the Orphans’ Court of Lancaster county. ' . <. . , , Frederick Gelbach, the father of the appellant, died in the year, 1813, seised .in fee of a considerable real estate,. in J ’ • 7 . , . Lancaster county, intestate and leaving a widow and teen children. On the petition of one of the children, the Orphans’ Court ordered an inquest to make partition of the T , . ,1,, estate. In pursuance of this order, an inquest was held, and the estate divided into four parts, on each of which a certain value was fixed, which was confirmed by the Court,…
1Opinion of the Court
The opinion of the.Court was delivered by
Tilghman C. J.
The object of this appeal i,s to decide, whether the appellant shall be bound, against his consent, to keep purpart, No. 2. adjudged to him by the Orphans’ Court. It is a question, which has become of very great importance, in consequence of the remarkable fluctuation of the price of lands, within the last twelve years., There is no insinuation of fraud, or improper conduct of.any- kind, in the guardian of the appellant. No doubt, he acted to the best of his judgment, and intended to promote the interest, of his ward. But it has turned…
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