Appeal of Landmesser
Supreme Court of Pennsylvania
FROM THE DECREE OF THE ORPHANS’ COURT OF LUZERNE COUNTY. No. 396 January Term 1889, Sup. Ct. On October 9,1888, exceptions were filed in the court below to the account of Lewis Landmesser, guardian of Daniel Landmesser, a minor. The minor was one of five children entitled to the proceeds of a policy of insurance issued by the Reserve Mutual Life Insurance Co. upon the life of Daniel Landmesser, their father.
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FROM THE DECREE OF THE ORPHANS’ COURT OF LUZERNE COUNTY. No. 396 January Term 1889, Sup. Ct. On October 9,1888, exceptions were filed in the court below to the account of Lewis Landmesser, guardian of Daniel Landmesser, a minor. The minor was one of five children entitled to the proceeds of a policy of insurance issued by the Reserve Mutual Life Insurance Co. upon the life of Daniel Landmesser, their father. The exceptions, alleging that the guardian bad failed to charge himself with $220, the one fifth of the sum paid by the insurance company on the policy, were dismissed by the court below,…
1Opinion of the Court
Pee Ctjeiam:
It was found by the court below, and not denied, that the money with which it was attempted to surcharge this guardian, never came into his hands. He ought not to be surcharged under such circumstances, unless he has been guilty of gross negligence.
The facts, briefly stated, are as follows: The appellee was duly appointed guardian of the minor children of Daniel Landmesser. Among the assets which came into his hands was a policy of insurance on the life of Daniel Landmesser. The company declining to pay, he placed it in the hands of an attorney for collection. The attorney at that…
2Cited by7 opinions
- Kline's EstateSupreme Court of Pennsylvania · 1924
- Estate of WebbSupreme Court of Pennsylvania · 1895
- Hofmann EstatePennsylvania Orphans' Court, Montgomery County · 1948
- Kauffeld's EstateSuperior Court of Pennsylvania · 1905
- Schenkel's EstateSupreme Court of Pennsylvania · 1915
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