Arthurs' Appeal
Supreme Court of Pennsylvania
Appeal by George Arthurs from the decree of the Orphans’ Court of Allegheny county, allowing Sarah Ferguson to choose a guardian of her estate, and discharging the appellant from the further guardianship thereof, and requiring him to surrender and deliver to Joseph S. Morrison, a guardian chosen by the ward and approved by the court, the property, rights, credits, choses in action, and effects, of the said Sarah.
Read the full summary
Appeal by George Arthurs from the decree of the Orphans’ Court of Allegheny county, allowing Sarah Ferguson to choose a guardian of her estate, and discharging the appellant from the further guardianship thereof, and requiring him to surrender and deliver to Joseph S. Morrison, a guardian chosen by the ward and approved by the court, the property, rights, credits, choses in action, and effects, of the said Sarah. George Arthurs, the appellant was appointed guardian of Sarah Montgomery, when she was of the age of ten years. When she arrived at the age of nineteen, having been married to…
1Opinion of the Court
The opinion of the court was delivered
by Lewis, J.
— At common law, the guardian for nurture took charge of the person and personal estate; but if the ward held real estate by socage tenure, the guardian took the charge of the body and lands. So long as the minor was too young to exercise discretion, the law designated who his guardians should be. But he was held to be at years of “ discretion” as soon as he was fourteen; and at that age, therefore, he had the right to “oust Ms guardian and call him to account for the rents,” and to choose a guardian for himself. 2 Blackst. 88. It followed…
2Cases cited1 opinion
- Webb v. DietrichSupreme Court of Pennsylvania · 1844
3Cited by3 opinions
- Glassburner's EstateSuperior Court of Pennsylvania · 1909
- Com. ex rel. Waleisa v. Waleisa, Pennsylvania Court of Common Pleas, Schuylkill County1874
- Schell's EstatePennsylvania Orphans' Court, Snyder County · 1925