Legal Opinion

Seguin's Appeal

Supreme Court of Pennsylvania

Decided April 16, 1883No. 277PublishedCited by 4 opinions

Appeal from the Orphans’ Court of Philadelphia county: Of January Term 1883, No. 277. This was an appeal by Mary R. Séguin from a decree of said court dismissing her exceptions to, and confirming the adjudication in the matter of the account of Charles II. Beckefus, late guardian of said Mary R. Séguin, formerly Mary R. Richardson.

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Appeal from the Orphans’ Court of Philadelphia county: Of January Term 1883, No. 277. This was an appeal by Mary R. Séguin from a decree of said court dismissing her exceptions to, and confirming the adjudication in the matter of the account of Charles II. Beckefus, late guardian of said Mary R. Séguin, formerly Mary R. Richardson. At the audit, before Asuman, J., the following facts appeared : In February, I860, the accountant was appointed guardian of the four minor children of J. J. Richardson, then deceased, and his partner, S. S. Scattergood, became his security in the sum of $50,000. On…

1Opinion of the Court

The opinion of the court was delivered

2Per curiam

We think this account was adjudicated on correct principles. The guardian was charged with that part of the profits received by him, produced by the capital invested. The cestui que trust is entitled to what the capital alone produced : but not to the soperadded product of skill, industry and labor in the business in which the capital was invested.

The appellant having declined to elect whether she would take interest or profits, it was not error for the court to elect for her. Previous to suqli election there was no final decree. The appellant fails to…

3Cited by4 opinions

  1. McGowan v. MilnerSupreme Court of Alabama · 1915
  2. Kreinson v. Commercial National BankSupreme Court of Pennsylvania · 1936
  3. Appeal of BakerSupreme Court of Pennsylvania · 1888
  4. Kashner's EstateSuperior Court of Pennsylvania · 1900

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