Stone's Appeals

Citations

• 1 Monag. 710
• 16 A. 731
• 1888 Pa. LEXIS 762

Syllabus

<p>An auditor’s findings of facts, on exceptions to the account of a guardian, was to the effect that the guardian had been guilty of gross negligence in the management of the ward’s estate, among other things, in neglecting to enter a lien against, the real estate of a prior guardian for the amount shown by his account to be. due the ward. The auditor accordingly surcharged the accountant with tliis amount, refused to allow him commissions, and charged him with the costs of the audit. Pending proceedings before the auditor, the accountant was declared a lunatic for a time prior to the filing of his account. The court below dismissed exceptions to the auditor’s repoit. After an appeal was taken to the supreme court, the sureties of the prior guardian paid the amount due to the ward. Held, that, in the absence of manifest error, the findings of the auditor would not be disturbed.</p> <p>Sterrett. J. — The jurisdiction of the supreme, court being appellate) the application for relief, in the nature of a credit on the decree, must be first made to the orphans’ court.</p> <p>The mother of the ward, who had enter'ed into a contract with the guardian for the support of the ward, was offered as a witness, on the hearing before the auditor, the evidence being objected to but received. The guardian, by proceedings? in lunacy subsequently instituted in court, was found to be a lunatic for a period prior to the time of the hearing before the auditor. Held that the witness was not incompetent on the ground oí interest, or public policy or under the Act of June 8,1874.</p>