Grumbein Estate

Lancaster County Orphans' Court

Grumbein Estate

88 Pa. D. & C. 279, 1954 Pa. Dist. & Cnty. Dec. LEXIS 337

CourtPennsylvania Orphans' Court, Lancaster County

DecidedFebruary 11, 1954

Docketno. 69½

StatusPublished

This text of 88 Pa. D. & C. 279 (Grumbein Estate) is published on Counsel Stack Legal Research, covering Pennsylvania Orphans' Court, Lancaster County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Grumbein Estate, 88 Pa. D. & C. 279, 1954 Pa. Dist. & Cnty. Dec. LEXIS 337 (Pa. Super. Ct. 1954).

Pincite

Opinion

Bowman, P. J.,

— Elam L. Grumbein, who will become 21 years of age on December 15, 1954, presented a petition, with a joinder by the Conestoga National Bank of Lancaster, guardian of the minor’s estate, for an authorization to the guardian to expend $500 for or toward the purchase of an automobile.

The petition sets forth that the minor’s estate consists of principal of $4,310.61 and income of $123.04; that the minor was honorably discharged from the United States Marines after a period of service of three years, part of which was served in Korea; that [280]*280the minor is now seeking employment as a salesman, necessitating the use of an automobile, and even if ■unsuccessful in obtaining the employment he prefers, he “would like to have an automobile to go to and from work with”.

• Since the income balance is insufficient, the greater portion of the payment would have to be made from principal. Whether or not the proposed expenditure is one which the court can or should authorize under the provisions of section 1084 of the Fiduciaries Act of April 18, 1949, P. L. 512, we need not now decide. The minor is now unemployed and it is not shown that the possession of an automobile by him is prerequisite to his ultimately finding a job as a salesman. Accordingly, the petition will be dismissed without prejudice to a later reconsideration thereof should circumstances so warrant.

Free access — add to your briefcase to read the full text and ask questions with AI

Bowman, P. J.,

— Elam L. Grumbein, who will become 21 years of age on December 15, 1954, presented a petition, with a joinder by the Conestoga National Bank of Lancaster, guardian of the minor’s estate, for an authorization to the guardian to expend $500 for or toward the purchase of an automobile.

The petition sets forth that the minor’s estate consists of principal of $4,310.61 and income of $123.04; that the minor was honorably discharged from the United States Marines after a period of service of three years, part of which was served in Korea; that [280]*280the minor is now seeking employment as a salesman, necessitating the use of an automobile, and even if ■unsuccessful in obtaining the employment he prefers, he “would like to have an automobile to go to and from work with”.

• Since the income balance is insufficient, the greater portion of the payment would have to be made from principal. Whether or not the proposed expenditure is one which the court can or should authorize under the provisions of section 1084 of the Fiduciaries Act of April 18, 1949, P. L. 512, we need not now decide. The minor is now unemployed and it is not shown that the possession of an automobile by him is prerequisite to his ultimately finding a job as a salesman. Accordingly, the petition will be dismissed without prejudice to a later reconsideration thereof should circumstances so warrant.

Cite This Page — Counsel Stack

Bluebook (online)

88 Pa. D. & C. 279, 1954 Pa. Dist. & Cnty. Dec. LEXIS 337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grumbein-estate-paorphctlancas-1954.