In re the Guardianship of Gorman
Court of Common Pleas of Ohio, Franklin County, Civil Division
In the probate court of this county the former guardian of four minors resigned and' a new guardian was appointed. In the settlement of the former guardian’s accounts, the probate court referred this cause to the appellant here, William G. Pengelly, as a referee, he as an expert accountant to examine through all the accounts of the said former guardian by reason of their entanglements and complications, and to render a full report of his findings to the court.
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In the probate court of this county the former guardian of four minors resigned and' a new guardian was appointed. In the settlement of the former guardian’s accounts, the probate court referred this cause to the appellant here, William G. Pengelly, as a referee, he as an expert accountant to examine through all the accounts of the said former guardian by reason of their entanglements and complications, and to render a full report of his findings to the court. To this order of reference the minors excepted and objected. The referee completed his work 'and reported to the court and asked for…
1Opinion of the Court
A motion to dismiss this appeal for want of jurisdiction has been filed and the case has also been argued upon its merits, and I shall pass upon all the questions.
It is provided by Section 6407 that appeals may be taken from the probate court to the court of common pleas from any order, decision or judgment of that court in settling accounts of a guardian. A fair construction of this statute, in my opinion, authorizes an appeal from the allowance or disallowance of costs for or against a guardian or his ward as the same are 'most clearly a part of the settling of his account, and come within…
2Cases cited1 opinion
- Kern's Administrator v. FosterOhio Supreme Court · 1847