Roth's Estate
Supreme Court of Pennsylvania
Appeal, No. 48, July T., 1892, by Ebert et al., administrators of Ebert, deceased guardian of Roth, from decree of O. C. York Co., dismissing exceptions to auditor’s report adjudicating guardian’s account. Roth, the ward, filed a petition alleging a failure on the part of his guardian to file an account and pay over all moneys due, praying for a citation. An answer filed by the guardian’s administrators, appellants, set up a release signed by the ward.
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Appeal, No. 48, July T., 1892, by Ebert et al., administrators of Ebert, deceased guardian of Roth, from decree of O. C. York Co., dismissing exceptions to auditor’s report adjudicating guardian’s account. Roth, the ward, filed a petition alleging a failure on the part of his guardian to file an account and pay over all moneys due, praying for a citation. An answer filed by the guardian’s administrators, appellants, set up a release signed by the ward. A replication asserted that the release was not binding because signed without knowledge of the particular errors which were specified as a…
1Opinion of the Court
Opinion by
Mb. Chief Justice Paxson,
It is the settled rule imthis state that the orphans’ court will always scrutinize a settlement made by a guardian with his ward shortly after the latter arrives at age, and where no account of the trust is filed with the register. In such cases the burden of proof is on the guardian to show that the settlement was a fair one, and that no fraud was practiced upon his ward. The rule upon this subject was fairly stated in Luken’s Appeal, 7 W. & S. 48, where it was said by Kennedy, J.:. “ The ward, under the express provision of the Act of Assembly} has a right…
2Cases cited2 opinions
- Rick's AppealSupreme Court of Pennsylvania · 1884
- Lukens's AppealSupreme Court of Pennsylvania · 1844
3Cited by22 opinions
- Bowman's EstateSupreme Court of Pennsylvania · 1930
- Kauss v. RohnerSupreme Court of Pennsylvania · 1896
- Wright v. HannaSupreme Court of Pennsylvania · 1904
- Grollman's EstateSupreme Court of Pennsylvania · 1922
- Stevenson v. Titus Admrs.Supreme Court of Pennsylvania · 1938
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