Legal Opinion

Stanley's Appeal

Supreme Court of Pennsylvania

Decided July 3, 1848PublishedCited by 5 opinions

Appeal from tbe Orphans’ Court of Dauphin county. This was a petition of review, in the Orphans’ Court, to open and surcharge an account settled by a deceased guardian. The petition set forth that in 1825 General Stanley, the guardian of the petitioner, had received $400 from her father’s estate, pursuant to the directions of the will, which sum was omitted from the account settled by him as guardian.

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Appeal from tbe Orphans’ Court of Dauphin county. This was a petition of review, in the Orphans’ Court, to open and surcharge an account settled by a deceased guardian. The petition set forth that in 1825 General Stanley, the guardian of the petitioner, had received $400 from her father’s estate, pursuant to the directions of the will, which sum was omitted from the account settled by him as guardian. The defendants, executors of Stanley, set up that the money so received had been invested in certain bank-stock, pursuant to the directions of the will, which the executors had sold, believing…

1Opinion of the CourtGibson, C. J.

The ward’s release, executed as it was within less than four months after she had attained the age of twenty-one, is to be laid out of the case. It has often been ruled, and particularly in Lukens’s Appeal, 7 W. & S. 48, that *434releases given in the dark, and before emancipation from habits of confidence and control, are to be disregarded. And the rule is not only a wholesome, but an indispensable one. I have never known such a release to be set up for any other purpose than to shield the guardian from an investigation that would disclose something which it was his interest to conceal; and for…

2Cases cited2 opinions

  1. Lukens's AppealSupreme Court of Pennsylvania · 1844
  2. Trustees of Jacobs v. BullSupreme Court of Pennsylvania · 1833

3Cited by5 opinions

  1. Yost's EstateSupreme Court of Pennsylvania · 1934
  2. In Re LefevreWashington Supreme Court · 1941
  3. Carr's EstateSuperior Court of Pennsylvania · 1904
  4. LeFevre v. Fidelity & Deposit Co. of MarylandWashington Supreme Court · 1941
  5. McDermott's EstatePennsylvania Orphans' Court, Philadelphia County · 1937

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