Morganstern v. Shuster

Irving, J., delivered the opinion of the Court. The appellant was the ward of the appellee, who, by the will of the appellant’s mother, was appointed executor of her will and guardian to her children. The appellee was also, uncle by marriage to the appellant. The will was probated in May, 1868, and the guardianship commenced about the same time.

The appellant’s distributive share of his mother’s estate was the small sum of twenty-five dollars and twenty six cents. Within thirteen months from administration and his appointment as guardian, the appellee passed an account in the Orphans’ Court in which he was charged with the whole estate of his ward, consisting of the small distribution from his mother’s éstate, and seven dollars and thirty eight cents received for him from Germany, making a total of $32.64. After deducting costs and register’s fees, the sum of twenty-seven dollars and seventy two cents remained, and this was claimed by the guardian for support and maintenance and was allowed by the Court as “per account,” and the account as passed and approved was ordered to be recorded. ²⁵² The whole estate of the ward thus appears entirely exhausted. This account was passed on the 15th of June, 1869.

The appellant was between eleven and twelve years of age when the wardship began, and came of age in 1877. In April, 1886, he filed a petition in the Orphans’ Court for Washington County, claiming that the account passed therein by his guardian, was erroneous; and that the money claimed in it by the guardian for maintenance was not due, and. claiming that his guardian received certain sums during his minority for his services to persons to whom he was hired, and asking for a revision of the account passed and a new accounting. The appellee was summoned, appeared and answered. Testimony was taken, and the Orphans’ Court dismissed the appellant’s petition, and he has appealed.

We find no error in the action of the Orphans’ Court. JSo far as the Court’s original