Schenkel's Estate

Citations

• 250 Pa. 504
• 95 A. 703
• 1915 Pa. LEXIS 978

Syllabus

<p>Guardian and ward — Duties of guardian — Failure to collect money — Gross negligence — Surcharge.</p> <p>1. Guardians are not liable beyond what they actually receive unless in case of gross negligence.</p> <p>2. Where a guardian was appointed three years after the death of a former guardian and two years after the death of his ward’s father, who was the surviving husband and administrator of the estate of the ward’s mother, the guardian is improperly surcharged with the amount of the ward’s share in the estate of his mother based upon the inventory of the estate filed by her husband and administrator, where no account of the estate was ever filed and there was nothing to show that there ever was any balance distributable among her heirs and where it appeared further that the ward had resided with and been supported by the husband, his father, until the latter’s death.</p> <p>3. Where in such case the guardian made no effort whatever to collect moneys belonging to the ward, from the former guardian or his bondsman and there was some evidence of sharp practice and designing acts on his part, a decree surcharging him for sums so lost was affirmed.</p>