Appeal of Wilson

Supreme Court of Pennsylvania

Appeal of Wilson

11 A. 678, 8 Sadler 579, 35 Pitts L.J. 179, 1887 Pa. LEXIS 790

CourtSupreme Court of Pennsylvania

DecidedNovember 11, 1887

DocketNo. 149, W. D.

StatusPublished

Cited by2 cases

This text of 11 A. 678 (Appeal of Wilson) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Appeal of Wilson, 11 A. 678, 8 Sadler 579, 35 Pitts L.J. 179, 1887 Pa. LEXIS 790 (Pa. 1887).

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Opinion

Per Curiam:

We think there is a clear distinction between the case in hand and that of Dietterich v. Heft, 5 Pa. 87. In the latter' it was held, on the authority of Hoopes v. Brinton, 8 Watts, 73, that a guardian was not chargeable with interest during the time exceptions to his account filed by his ward were pending in the orphans’ court.

In the pending controversy, however, the appeal was taken by the accountant, and although he succeeded in reducing the surcharge there was a large balance found against him, and this balance he neither tendered to, nor offered to distribute among, those to whom it belonged. We are, therefore, of the opinion that the appellant was properly charged with interest.

The appeal is dismissed and the decree affirmed, at the costs of appellant.

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Per Curiam:

We think there is a clear distinction between the case in hand and that of Dietterich v. Heft, 5 Pa. 87. In the latter' it was held, on the authority of Hoopes v. Brinton, 8 Watts, 73, that a guardian was not chargeable with interest during the time exceptions to his account filed by his ward were pending in the orphans’ court.

In the pending controversy, however, the appeal was taken by the accountant, and although he succeeded in reducing the surcharge there was a large balance found against him, and this balance he neither tendered to, nor offered to distribute among, those to whom it belonged. We are, therefore, of the opinion that the appellant was properly charged with interest.

The appeal is dismissed and the decree affirmed, at the costs of appellant.

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Bluebook (online)

11 A. 678, 8 Sadler 579, 35 Pitts L.J. 179, 1887 Pa. LEXIS 790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/appeal-of-wilson-pa-1887.

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