Clark's Estate
Supreme Court of Pennsylvania
Appeal, No. 350, Jan. T., 1899, by William J. McAuliffe, guardian of John Joseph Clark, from decree of Superior Court, Oct. T., 1898, No. 8, affirming a decree of the Orphans’ Court of Phila. Co., Jan. Term, 1895, No. 154, in the estate of John Joseph Clark, a minor. Appeal from Superior Court. See 10 Pa.
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Appeal, No. 350, Jan. T., 1899, by William J. McAuliffe, guardian of John Joseph Clark, from decree of Superior Court, Oct. T., 1898, No. 8, affirming a decree of the Orphans’ Court of Phila. Co., Jan. Term, 1895, No. 154, in the estate of John Joseph Clark, a minor. Appeal from Superior Court. See 10 Pa. Superior Ct. 423. From the record it appeared that the guardian claimed credit for the sum of $12.00 paid to the City Trust Safe Deposit & Surety Company for becoming his surety upon the bond which he was required by law to give as guardian. The orphans’ court disallowed the claim, and the…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The single question in this ease is the constitutionality of the Act of June 24, 1895, P. L. 248, authorizing a receiver, assignee, guardian, committee, trustee, executor, or administrator, required by law or' by order of court to give bond as such, to include as part of his lawful expenses in executing the trust such reasonable sum as he may have paid to a company authorized by the law of this state to do so, for becoming his surety, as may be allowed by the court in which he is required to account.
It is objected principally that this act contravenes the clause…
2Cases cited2 opinions
- Ayars v. WestfieldSupreme Court of Pennsylvania · 1889
- Commonwealth v. VroomanSupreme Court of Pennsylvania · 1894
3Cited by25 opinions
- Commonwealth v. MoirSupreme Court of Pennsylvania · 1901
- Commonwealth ex rel. Attorney General v. MathuesSupreme Court of Pennsylvania · 1904
- Nolan v. JonesSupreme Court of Pennsylvania · 1919
- King v. Pony Gold Mining Co.Montana Supreme Court · 1900
- Commonwealth v. HanleySuperior Court of Pennsylvania · 1900
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