Legal Opinion

Brooke's Appeal

Supreme Court of Pennsylvania

Decided January 29, 1883PublishedCited by 8 opinions

Appeal from the Orphans? Court of Philadelphia eounty : Of July Term 1882, No. 168. This was an appeal by Charles W. Brooke, from a decree of said court,- directing him to deliver up certain securities to the guardian of the minors to whose estate said securities belonged. The case was heard on petition and answer.

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Appeal from the Orphans? Court of Philadelphia eounty : Of July Term 1882, No. 168. This was an appeal by Charles W. Brooke, from a decree of said court,- directing him to deliver up certain securities to the guardian of the minors to whose estate said securities belonged. The case was heard on petition and answer. The petition of Ann Stack, formerly Ann Tobin, filed March 25th 1882, set forth substantially as follows: On January 5th 1866, the petitioner, then Ann Tobin, widow of Walter Tobin, deceased, was appointed by the Orphans’ Court guardian of her two minor children, Mary and Johanna…

1Opinion of the Court

The opinion of the court was delivered January 29th 1883.

2Per curiam

— We discover no error in this decree. The appellant had removed from the state taking the property of the minor children with him. He had not paid any interest to them *156for more than a year and a half. His claim to possession of the property, under the facts, could not be maintained against the lawful demand of the guardian of the children. It is the duty of. the Orphans’ Court to watch over their property and to protect their lights therein. It was therefore within a just exercise of its powers to make an order that the property be…

3Cited by8 opinions

  1. Estate of TysonSupreme Court of Pennsylvania · 1899
  2. Williams' EstateSupreme Court of Pennsylvania · 1912
  3. Appeal of the Odd Fellows Savings BankSupreme Court of Pennsylvania · 1889
  4. Mulholland's EstateSupreme Court of Pennsylvania · 1893
  5. Watts's EstateSupreme Court of Pennsylvania · 1893

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