Savage's Estate

Citations

• 27 Pa. Super. 292
• 1905 Pa. Super. LEXIS 54

Syllabus

<p>Guardian and ward — Rent—Surcharge.</p> <p>A guardian was surcharged $5.00 a month on account of the rent of an office in a building belonging to his ward. It appeared that the real estate in question had been left by an uncle to the ward. Before the uncle’s death the guardian rented the office from the uncle for $10.00 a month, and was instructed to rent the remainder of the building as a dwelling for $25.00 per month. For his own convenience he rented the dwelling part to a family without children for $20.00 per month, contributing the remaining $5.00 out of his pocket. Subsequently he secured a tenant for $25.00 per month, and thereafter paid $10.00 for the office, which payment he continued after he became guardian. Held, that there was no ground for surcharge.</p> <p>Where an auditing judge finds that a guardian accepted rebates from tradesmen, and this finding is confirmed by the court below, and the guardian is denied commissions, the appellate court will not interfere.</p> <p>Guardian and ward — Costs■—Witness fees.</p> <p>A guardian should not be charged with fees of a large number of witnesses (mechanics who did the work), summoned at the instance of the exceptant to his account, to prove that repairs which he had made were necessary, the witnesses not having been called, and where it appears that the necessity for but not the fact that the repairs were made was denied.</p>