Pauer Estate

Opinion by

Mr. Justice Allen M. Stearne,

This appeal raises the question of whether a guardian of a mental incompetent appointed by the court of common pleas under the Act of May 28, 1907, P. L. 292, 50 PS section 941, as amended, may be surcharged for investment of the funds of its ward in omnibus participating mortgages where the said investments were made in good faith and with due diligence, there being no evidence of loss to the estate, merely because the said investments were made without antecedent approval of the court having jurisdiction over the guardian and ward.

On September 21,1921,…