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MARSHALL ESTATE. (03/28/61)

March 28, 1961

MARSHALL ESTATE.


Appeal, No. 36, March T., 1960, from order of Orphans' Court of Butler County, O.C. No. 133 of 1960, in re estate of Paul E. Marshall. Appeal dismissed and record remanded.

COUNSEL

Saul J. Bernstein, with him Adolph Zeman, and Zeman and Zeman, and Bernstein and Campbell, for appellant.

Lee C. McCandless, for appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.

Author: Jones

[ 403 Pa. Page 349]

OPINION BY MR. JUSTICE BENJAMIN R. JONES.

On March 15, 1948, Eileen Marshall was appointed by the Orphans' Court of Butler County as guardian for Paul Marshall, then a minor aged nine years.*fn1 The Employers' Liability Assurance Corporation, Ltd., [bonding company] filed a $11,000 guardian's bond for Eileen Marshall; the condition of this bond was that

[ 403 Pa. Page 350]

Eileen Marshall would file triennial accounts of her guardianship and any other accounts required by the Orphans' Court of Butler County, that she would deliver up her ward's property in accordance with any decree or order of the court and that she would in all respects faithfully perform the duties of guardian.

On November 4, 1948, the guardian filed a first and partial account wherein the assets of the ward's estate were set forth as $17,748.81, credits were claimed of $9,010.11 and a balance shown of $8,738.70.*fn2

On July 12, 1954, the bonding company petitioned the Orphans' Court of Butler County setting forth that the guardian, although requested, had failed to file triennial accounts and had failed to cooperate with the bonding company or give it any information as to the corpus, or investments of the corpus, of the ward's estate. The bonding company asked the court to discharge it from any further liability on its bond or, in lieu thereof, to require the guardian to file an account within ten days and to display the estate assets for examination to the bonding company's representative or someone appointed by the court. Pursuant to that petition, the court granted a rule on the guardian and after a hearing (at which the guardian did not appear), President Judge SHUMAKER on July 23, 1954 found the following facts, inter alia: (1) that the guardian had failed to file triennial accounts; (2) that the guardian had failed to cooperate with her bonding company; (3) that the guardian had failed to cooperate with her own attorney; (4) that, in spite of notice given, the guardian had failed to appear at the hearing. On that date, the court directed that the safe deposit box in the guardian's name at the Mellon National Bank and Trust Company, Butler, Pa., be sealed, that an attachment be

[ 403 Pa. Page 351]

    issued to the sheriff to produce the guardian before the court on August 2, 1954 and that the guardian be directed to have with her at such time in court all her books, records, accounts, etc., pertaining to the ward and ...


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