Fuller's Appeal
Supreme Court of Pennsylvania
October 13th 1881. Before Sharswood, C: J., Merour, Gordon, Paxson, Trunket, and Sterrett JJ. Green, J., absent. Appeal ‘ of James Fuller from a decree of the Orphans’ Court of Allegheny comity, sustaining exceptions to his account as guardian oi Richard A. and Mary C. Beatty, minor children of Robley D. Beatty, deceased: Of October and November Term 1881, No. 93. Robley D. Beatty died August 12th 1876, intestate, leaving surviving a widow and the above named two minor…
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October 13th 1881. Before Sharswood, C: J., Merour, Gordon, Paxson, Trunket, and Sterrett JJ. Green, J., absent. Appeal ‘ of James Fuller from a decree of the Orphans’ Court of Allegheny comity, sustaining exceptions to his account as guardian oi Richard A. and Mary C. Beatty, minor children of Robley D. Beatty, deceased: Of October and November Term 1881, No. 93. Robley D. Beatty died August 12th 1876, intestate, leaving surviving a widow and the above named two minor children. Alexander Dempster was appoined administrator, and James Fuller was appointed guardian of the children. On…
1Opinion of the CourtJustice Gordon
We cannot agree with the court below in its surcharge of the account of the appellant, as guardian of the minor children of Robley D. Beatty, in the sum of $10,000, the balance of the Cassidy mortgage. ITe was charged with this amount on the ground, that, after' Beatty’s death, he assumed, in some conversations which he at different times had with the widow and administrator, to pay this mortgage.
But conceding this assumption to have been clear and distinct, and not within the prohibition of the Act of the 26th of April 1855, yet we cannot see how a contract of this kind can be en*537forced by a…
2Cited by1 opinion
- Locher's EstateSupreme Court of Pennsylvania · 1907