Omohundro v. Patty

My dissent is because there are two items in the Guardian’s account which should have been disallowed by the Probate Court. These two items relate to the case of Omohundro v. Erhart, and are: (1) the $200.00 attorney’s fee allowed Mr. "Walther in that case; and (2) the amount of $115.10 allowed as brief costs in that case. These items should have been paid by Mrs. Erhart personally, and not by the Guardian of the Estate of Mrs. Shader.

I have carefully examined the transcript and the briefs in the case of Omohundro v. Erhart, No. 1496 in this Court, decided March 17, 1958 and reported in 228…