Lee's Estate

Stearne, J.,

Guardians of the estate of a minor present a petition under section 49(e) 2 of the Fiduciaries Act of June 7, 1917, P. L. 447, as amended by the Act of May 28,1937, P. L. 1037, praying for authority to retain enumerated securities accepted by the guardian in kind upon distribution of a decedent’s estate.

At the outset petitioners are confronted with a presumptive adverse decision of the Supreme Court in Rebmann’s Estate, 338 Pa. 120, affirming this court in an opinion by Van Dusen, P. J., reported in 35 D. & C. 33.

The learned counsel for petitioners, in an excellent brief,…