Commonwealth v. Gracey
Supreme Court of Pennsylvania
Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1880, No. 110. Debt by the Commonwealth for the use of Samuel ftícGaugh, guardian of Adelia, Thomas, Lafayette and William Gracey, minor children of John Gracey, deceased, against Robert Gracey and his sureties, on the bond of said Robert Gracey, as the guardian of the above children of John Gracey, deceased.
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Error to the Court of Common Pleas, No. 2, of Allegheny county: Of October and November Term 1880, No. 110. Debt by the Commonwealth for the use of Samuel ftícGaugh, guardian of Adelia, Thomas, Lafayette and William Gracey, minor children of John Gracey, deceased, against Robert Gracey and his sureties, on the bond of said Robert Gracey, as the guardian of the above children of John Gracey, deceased. The following is the copy of the affidavit and the bond on which suit was brought: “ Samuel McGaugh, guardian of Adelia, Thomas, Lafayette and William Gracey, being sworn, says, that the.…
1Opinion of the CourtJustice Paxson
The decree of the Orphans’ Court directing Robert Gracey, guardian, to pay over to the plaintiff, who is his successor in the trust, the money in his hands as such guardian, not having been appealed from, is conclusive both upon Gracey and the sureties upon his official bond. It is manifest, therefore, that in an action of debt upon such bond the defendants can have no defence but payment. The affidavit of defencesets up nothing of the kind. It makes some suggestions as to what ought to be done in the Orphans’ Court.in the way of distribution of the funds, but this is a question with which a…
2Cited by4 opinions
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