Shollenberger's Appeal
Supreme Court of Pennsylvania
This was an appeal from the decree of the Ornhans’ Court of Berks county. Jacob Leibersperger and Caroline bis wife, late Caroline Eetherolf, cited John Shollenberger, late guardian of said Caroline, to render his account. April 5, 1850, the account was filed, and it was referred to an auditor, who made report to the Orphans’ Court of Berks county — finding a balance of $1055.90 due accountant.
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This was an appeal from the decree of the Ornhans’ Court of Berks county. Jacob Leibersperger and Caroline bis wife, late Caroline Eetherolf, cited John Shollenberger, late guardian of said Caroline, to render his account. April 5, 1850, the account was filed, and it was referred to an auditor, who made report to the Orphans’ Court of Berks county — finding a balance of $1055.90 due accountant. Leibersperger and wife filed exceptions to the report; and May 26,1851, the Court reduced the balance to $832.57, and decreed that balance in favor of Shollenbergei’. January 20, 1852, on motion, the…
1Opinion of the Court
The opinion of the Court was delivered, by
Woodward, J.
— -Under the Acts of Assembly before 1821, it was decided in Richards’ Case, 6 Ser. $ R. 464, that the Orphans’ Court had no power to decree a balance against a ward in favor of his guardian — that the guardian is to account with the ward and not the ward with the guardian — that the guardian cannot cite the the ward to a settlement, but, if he has advanced beyond what he has received, he may, if the expenditure were proper and fitting to the estate and condition of the ward, create a responsibility that would be enforced elsewhere. The…
2Cases cited1 opinion
- Carl v. WonderSupreme Court of Pennsylvania · 1836
3Cited by25 opinions
- Wilson v. Board of Directors of City TrustsSupreme Court of Pennsylvania · 1936
- Power v. GroganSupreme Court of Pennsylvania · 1911
- Braunschweiger's EstateSupreme Court of Pennsylvania · 1936
- In Re Milton Hershey School TrustCommonwealth Court of Pennsylvania · 2002
- Fitzgerald's EstateSupreme Court of Pennsylvania · 1916
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