Brown's Estate

Supreme Court of Pennsylvania January 21, 1895

Brown's Estate, 166 Pa. 249 (Pa. 1895)

30 A. 1122; 1895 Pa. LEXIS 1185

Dean, Fell, Green, McCollum, Mitchell, Sterrett, Williams

Opinion of the Court

Per Curiam,

. The facts and circumstances of which the decree in this case is predicated, are clearly and concisely presented in the report of the learned master, whose findings of fact appear to have been fully warranted by the testimony. We find no error in his conclusions, the most important of which is that “the best interests of the minors will be preserved by allowing them to remain with their aunt, the petitioner, with whom they are happy and form a united family.” In the exercise of a sound discretion, we think the court was clearly right in dismissing the exceptions and entering the decree complained of.

For reasons given by the learned master the decree is affirmed and appeal dismissed with costs to be paid by appellants.

Reference

Full Case Name: Margaret Brown's Estate. Appeal of Park, Guardians
Cited By: 6 cases
Status: Published
Syllabus: Guardian and ward—Parent and child—Custody of Children. At any time during minority the court will make such disposition of a minor child, whose custody is in dispute, as the circumstances of the ease demand, having always in view, first and last, the consideration of what will best promote the welfare of the infant. Testator appointed his wife guardian of his three children, and after her death two of his friends were to be the guardians. An aunt of testator’s wife lived in his family and cared for the children during the life of both the testator and his wife, and after the death of the wife continued in charge of them. Testator was a Protestant, and there was evidence that he had requested the two friends who were to succeed his wife as guardians, to bring up his children in the Protestant faith. Testator’s wife was a Roman Catholic, and during her life the children were brought under Roman Catholic influences, and after her death remained so under the care of their aunt. The wife by her will appointed the aunt guardian of the children. The wife had no separate estate of her own. The evidence showed that the minors, who were eight, fourteen and sixteen years of age respectively, were happy in their relations with their aunt, and the oldest declared that she would not live with her guardians, and that she would not go to a Protestant school. Held, that, únder the circumstances, the custody of the children should be awarded to the aunt.