Butcher's Estate

Citations

• 266 Pa. 479
• 109 A. 683
• 1920 Pa. LEXIS 593

Syllabus

<p>Guardian and ward — Appointment of guardian — Persons of same religious persuasion — “Shall he preferred” — Parental grandfather —Maternal uncle — Discretion of court — Welfare of child — Act of June 7,1917, P. L. U7.</p> <p>1. The mere fact that a father, being a Protestant, had promised the mother, a Catholic, previous to marriage, that children of the marriage should be brought up in the Catholic faith, which promise he afterwards confirmed in a letter to the children, does not in itself compel the court to appoint as guardian of the children a person of the Catholic faith, under see. 59 (B) of the Fiduciaries Act of June 7,1917, P. L. 447, which provides that “persons of the same religious persuasion as the parents of the minors shall in all cases be preferred by the court in their appointment as guardians of the persons of such minors.”</p> <p>2. In such a ease the court, in the exercise of a sound discretion, taking into account all the circumstances of the case, and the welfare of the minors, may, after the death of both parents, appoint as guardian a paternal grandfather, a Protestant, rather than a maternal uncle, a Catholic, where it appears that the grandfather is of excellent character and high standing, possessed of considerable property, fond of the children, and has stated to the court that he had no desire in any way to interfere with the religious training of the children, would permit their attendance at a Catholic church, and would bring them up as Catholics until they were old enough to choose for themselves in such matters.</p> <p>3. The provision of the Act of June 7, 1917, P. L. 447, which requires that persons of the same religious persuasion “shall be preferred” by the court, is not to be. construed as a positive command to appoint such person, regardless of considerations relating to fitness, or as taking from the court its discretion, nor in any way to relieve it of its duty to choose such person as, in its opinion, shall be best fitted