Kramer v. Mugele

Citations

• 153 Pa. 493
• 25 A. 788
• 1893 Pa. LEXIS 1137

Syllabus

<p>Guardian and ward — Collateral attack upon decree appointing executor as guardian.</p> <p>A decree of the orphans’ court, appointing as guardian of minors the executor of the estate in which the minors are interested, cannot be collaterally attacked in an action of ejectment by the minors to recover land sold by the guardian under a decree of court.</p> <p>An executor of an estate, fourteen years after his active duties were ended, was appointed guardian of minors interested in the estate. Under a decree of court he subsequently sold at private sale certain real estate belonging to the minors. No fraud was alleged or proved. After the minors came of age they brought ejectment to recover the land, alleging the invalidity of the guardian’s appointment. Held, that they were not entitled to recover.</p> <p>Lull’s Ap., 108 Pa. 604, appears to treat such an appointment as this as an irregularity and not as absolutely void. The orphans’ court having jurisdiction to appoint a guardian, the purchaser had a right to rely upon the record of such appointment and was not bound to inquire further.</p>