Oliver's Appeal
Supreme Court of Pennsylvania
Appeal from tbe Orphans’ Court of Allegheny county: Of October Term 1882, No. 108. From tbe petitions and answers filed, particularly referred to below, tlie facts of this case appeared to be as follows: — William Oliver was, in bis lifetime, guardian of William Neel and Harvey Neel, and died intestate June 23d 1875, having a large balance in bis hands as such guardian, and seised of certain real estate incumbered by liens.
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Appeal from tbe Orphans’ Court of Allegheny county: Of October Term 1882, No. 108. From tbe petitions and answers filed, particularly referred to below, tlie facts of this case appeared to be as follows: — William Oliver was, in bis lifetime, guardian of William Neel and Harvey Neel, and died intestate June 23d 1875, having a large balance in bis hands as such guardian, and seised of certain real estate incumbered by liens. George Oliver was appointed administrator of his estate. On October 21st 1875, John A. Stone was appointed guardian of said minors, and from time to time up to August 10th…
1Opinion of the CourtChief Justice Sharswood
Undoubtedly in an action at law or a proceeding in the Orphans’ Court or in a court of equity neither the guardian nor his personal representatives could set up the bar of the statute of limitations to the demand of the ward for the balance due him. That statute does not run in any case of a technical trust cognizable in equity, which that growing out of the relation of guardian and ward unquestionably is. This is all that the cases cited and relied upon in the opinion of the learned judge in the court below decided. But they do not touch the question in this case which is, whether the demand…
2Cases cited2 opinions
- Kerper v. HochSupreme Court of Pennsylvania · 1832
- Alexander v. M'MurrySupreme Court of Pennsylvania · 1839
3Cited by13 opinions
- Kirk v. Van HornSupreme Court of Pennsylvania · 1920
- Ferguson v. YardSupreme Court of Pennsylvania · 1894
- Central-Penn National Bank v. CulpSupreme Court of Pennsylvania · 1935
- Higgins's EstateSupreme Court of Pennsylvania · 1936
- Catanzaritti v. BiancoSuperior Court of Pennsylvania · 1938
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