Gilfillen's Estate

Citations

• 170 Pa. 185
• 32 A. 585
• 1895 Pa. LEXIS 1382

Syllabus

<p>[Marked to be reported.]</p> <p>Guardian and ward — Receipt of money of minor by person not appointed guardian — Education of minor.</p> <p>Where a grandfather as administrator of his son’s estate receives money belonging to his granddaughter, a minor and deaf mute, and spends the whole fund in having the child taught to speak and to hear, he cannot be ■compelled to account for the fund, although he was never appointed guardian of his granddaughter’s estate; and it is immaterial in such case that the grandfather, as administrator of his son’s estate, could not have been appointed guardian of his son’s daughter.</p> <p>A guardian is entitled to credit for moneys taken from the principal of the ward’s estate, and used in teaching the ward, a deaf mute, to speak and to heár.</p> <p>Evidence — Gift—grandfather and grandchild.</p> <p>A grandfather received from a son’s estate certain moneys belonging to his son’s daughter. He kept an account showing the amount which he held in his hands for the granddaughter, and also entries showing payments for her teaching and schooling, amounting in the aggregate to a sum largely in excess of the amount which he had received. A witness testified that the grandfather had shown him the account, and told him that he intended that the charges should be an offset against the amount due his granddaughter. Held, that the evidence was sufficient to sustain a finding that the payments made on account of the granddaughter’s schooling were not intended as a gift.</p>