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ESTHER I. ABARBANEL v. MARK B. WEBER (03/22/85)

filed: March 22, 1985.

ESTHER I. ABARBANEL, APPELLANT,
v.
MARK B. WEBER



Appeal from the Order entered September 9, 1983 in the Court of Common Pleas of Bucks County, Civil Division, No. 51687

COUNSEL

Thomas J. Profy, III, Bristol, for appellant.

Lisa J.G. Weikel, Perkasie, for appellee.

Cavanaugh, Beck and Tamilia, JJ.

Author: Tamilia

[ 340 Pa. Super. Page 475]

This is an appeal from an Order sustaining appellee's preliminary objections in the nature of a demurrer to appellant's

[ 340 Pa. Super. Page 476]

    petition for citation to file an accounting. After a careful review of the record and the arguments presented by both parties on appeal, we affirm in part, and reverse and remand in part for proceedings consistent with this Opinion.

The facts are as follows. Ian A. Abarbanel and Esther I. Abarbanel executed a guardianship agreement on May 22, 1977 with Mark B. Weber, Esq., as guardian-trustee.*fn1 The agreement conveyed an interest in a real estate partnership to Michelle Beth Abarbanel and Amy Lynn Abarbanel, the minor children of Ian and Esther Abarbanel. The agreement provided that:

(b) the Guardian shall have all of the powers vested in him by law as set forth in the Probate Estates and Fiduciaries Code of the Commonwealth of Pennsylvania. Guardian in his sole discretion, after taking into consideration the natural guardian's [sic] abilities to furnish reasonable support in accordance with their station in life, shall have the right to pay principal and income to or on behalf of the said minors at such times and in such amounts as may be necessary for their maintenance, education and support. Guardian shall also have the right to pay principal and income for such other necessary incidental expenses of such minors until they shall arrive at the age of twenty-one years. Education shall be defined as public or private schooling, camping experiences, special lessons and training, whether the same shall be at the elementary, secondary, college or post college level.

Guardianship agreement, pp. 2-3. The above agreement, being very general, did not earmark a specific sum to be paid to the minors on a regular basis nor did it contain any language stating whether said agreement could be amended.

On November 27, 1979, the Abarbanels executed a post-nuptial agreement which provided for, inter alia, support and alimony ...


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