Opinion
October 2, 1934.
November 26, 1934.
Orphans' court — Costs and fees — Appointment of guardian for weak-minded person — Payment out of income and corpus of trust estate.
A decree directing the payment of costs and attorneys' fees incident to the appointment of a guardian for a weak-minded person, out of the income accruing to the weak-minded person from a trust estate, with the right to encroach upon the corpus when and if the fund became available, was affirmed on appeal where the action of the court below was supported and justified by decedent's will and was unobjectionable.
Argued October 2, 1934.
Before FRAZER, C. J., SIMPSON, KEPHART, SCHAFFER, MAXEY, DREW and LINN, JJ.
Appeal, No. 185, March T., 1934, by Margaret H. Roberts, from decree of O. C. Washington Co., Feb. T., 1932, No. 97, A. A., in Estate of Georgia Roberts, cestui que trust, sur Estate of George W. Roberts, deceased. Decree affirmed.
Audit of account of trustee. Before CRUMRINE, P. J.
The opinion of the Supreme Court states the facts.
Adjudication and decree entered confirming account. Margaret H. Roberts appealed.
Error assigned, inter alia, was construction of will by court.
Robert H. Locke, for appellant.
John C. Judson and Norman E. Clark, for appellee.
The sole question raised in this appeal is the propriety and validity of a decree of the Orphans' Court of Washington County authorizing the payment of costs and attorneys' fees incident to the appointment of a guardian for Georgia Roberts, a weak-minded person. The decree directed that payment be made out of the income accruing to the trust estate with the right to encroach upon the corpus when and if the fund became available. The action of the court below is supported and justified by decedent's will and is unobjectionable.
All other issues injected into the case by appellant are irrelevant and have no relation to this proceeding.
The decree is affirmed at appellant's cost.