Estate of Mary Lou Hazelbaker

Opinion by

Cunningham, J.,

The question- here involved is whether the guardian of a minor should be surcharged, in the adjudication of his account, by reason of the loss of trust funds, resulting from the closing of a bank in which they were deposited. The auditing judge made the surcharge; the court below, in banc, sustained the guardian’s exceptions to this action; and the ward has appealed.

The salient facts are these: The guardian was appointed, by decree of the orphans’ court, on May 28, 1927, to receive the minor’s share of the proceeds of the sale of certain real estate, when sold. He…