Commonwealth ex rel. Stewart v. Stewart

Supreme Court of Pennsylvania November 8, 1897

Commonwealth ex rel. Stewart v. Stewart, 183 Pa. 269 (Pa. 1897)

38 A. 597; 1897 Pa. LEXIS 752

Collum, Dean, Fell, Green, Mitchell, Stelirett, Williams

Opinion of the Court

Per Curiam,

On the petition of the appellant, Sarah Leisser, administratrix of Samuel Stewart, deceased, a rule was granted on Smith Shan*271non, Esq., administrator de bonis non, etc., of Thomas Verner, deceased, late committee of said Samuel Stewart, a lunatic, to show cause why he should not file an account of said committee. The discharge of the rule and dismissal of appellant’s petition arc the subjects of complaint in this appeal.

We find no error in tbe record. The decree is affirmed on the opinion of the learned president of the common pleas, and the appeal is dismissed at appellant’s costs.

Reference

Full Case Name: The Commonwealth of Pennsylvania ex rel. George Stewart v. Samuel Stewart. Appeal of Sarah Leisser, Administratrix
Status: Published
Syllabus: J/unacy — Accounting by committee — Laches. Where the administrator of a deceased committee oí a lunatic died eleven years after his appointment without any demand ever having been made upon him to file an account, and no demand is made upon his legal representatives after his death, an administrator d. b. n. of the deceased committee, appointed fourteen years after the death of the lunatic, and who is unable to. obtain any knowledge of the affairs of said committee, will not be required to account for the lunatic’s estate.