Legal Opinion

Chorpenning's Appeal

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 22 opinions

Appeal from the Orphans’ Court of Somerset eounty. This was an appeal by Noah Chorpenning, one of the heirs of Michael Chorpenning, deceased, from the decree of the court below, on the account of Henry Chorpenning, the guardian of the appellant. Michael Chorpenning died on the 17th May 1826, leaving a widow and five children, and seised of a farm in Somerset county, containing 220 acres.

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Appeal from the Orphans’ Court of Somerset eounty. This was an appeal by Noah Chorpenning, one of the heirs of Michael Chorpenning, deceased, from the decree of the court below, on the account of Henry Chorpenning, the guardian of the appellant. Michael Chorpenning died on the 17th May 1826, leaving a widow and five children, and seised of a farm in Somerset county, containing 220 acres. On the 7th December 1881, Henry Chorpenning was appointed guardian of Elizabeth, Zedekiah, and Noah, three of the minor children of the decedent. And on the 2d January 1836, he filed an account, charging…

1Opinion of the Court

The opinion of the court was delivered by

Thompson, J. —

The doctrine that a party will not be allowed to purchase and hold property for his own use and benefit, when he stands in a fiduciary relation to it, if contested by the party entitled as cestui que trust, is indisputable. And the rule is inflexible, without regard to the consideration paid, or the honesty of intent. Public policy requires this, not only as a shield to the parties represented, but as a guard against temptation on part of the representative. The relation, however, must be one in which knowledge, by reason of the…

2Cases cited1 opinion

  1. Fisk v. SarberSupreme Court of Pennsylvania · 1843

3Cited by22 opinions

  1. Noonan EstateSupreme Court of Pennsylvania · 1948
  2. Miller v. HawkinsSupreme Court of Pennsylvania · 1964
  3. Steinbeck v. Bon Homme Mining Co.Court of Appeals for the Eighth Circuit · 1907
  4. Comerford EstateSupreme Court of Pennsylvania · 1957
  5. Tanney v. TanneySupreme Court of Pennsylvania · 1893

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