Leonard's Estate
Leonard's Estate
Opinion of the Court
Opinion by
This appeal is from a decree of the orphans’ court confirming the report of an auditor appointed to pass upon exceptions filed to the account of a guardian. It was sought at the audit to surcharge the guardian for selling the undivided interest of his ward in real estate at an inadequate price. It is conceded that the. exceptions to the guardian’s account could not be sustained without proof of actual fraud or gross negligence, and that this appeal cannot be sustained without overruling the findings of fact by the auditor, approved by the court. There was no evidence of actual fraud, and the auditor re
The decree is affirmed.
Reference
- Status
- Published
- Syllabus
- Orphans’ court — Auditor’s findings of fact — Guardian and ward— Sale of real estate. An auditor’s finding of fact that a guardian did not sell his ward’s real estate for an inadequate price, when based upon sufficient evidence, and confirmed by the orphans’ court, will be accepted as conclusive by the appellate court, unless manifest error is made to appear.