Brown's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Orawford county: Of January Term, 1886, No. 274. This was an appeal by James Brown, from the decree of the Orphans’ Court, confirming the auditor’s report, surcharging him in his account as guardian of Ida and Jesse Beard, minor children of A. P. Beard, deceased.
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Appeal from the Orphans’ Court of Orawford county: Of January Term, 1886, No. 274. This was an appeal by James Brown, from the decree of the Orphans’ Court, confirming the auditor’s report, surcharging him in his account as guardian of Ida and Jesse Beard, minor children of A. P. Beard, deceased. The following facts were found by the Auditor, J. W. Smith, Esq.: A. P. Beard, the father of the wards, died May 6th, 1864. James Brown, the accountant, was appointed guardian February 21st, 1865. He received from Theron Beard, the administrator, the'sum of thirty-two dollars, and from the United…
1Opinion of the CourtJustice Paxson
If this decree is affirmed the appellant will have had a severe experience as a guardian# of minor children. He received in all for his two wards the sum of $1,339.28, of which $1,307.28 was pension money from the United States. All of this money was paid out by the guardian for the maintenance and education of the wards. The court below has surcharged him with the sum of $1,886.09.
It was not denied that the money had been paid out as above stated; nor that it had been expended under a contract made by the guardian for the support of the children; but it was alleged that the contract and the…
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