The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-01-28

President Judge A. A. Vosburg OF the
orphans court, yesterday handed down
the following opinion in the matter of
the petition for an allowance for Eu-
gene S. LaBar, from the estate of
George S. LaBar:
George s. LaBar died in the city of Scranton,
county of Lackawanna, on the oath day of No
vember, 1901, leaving to survive him widow,
Juanita LaI3ar, and an infant son, Eugene Shoe.
maker LaBar.
Upon proper petition, the Title Guaranty and
Trust company. of Scranton, Pa, was duly ap-
pointed guardian of this minor, and on Januliy
4, 1909, this guardian presented a petition asking
for an order OF court authorizing an allowance
for the Support and maintenance of its ward.
Based upon this petition citation was awarded,
returnable January IA, 1902; and an answer l,av.
ing been filed by the widow, testimony was taken
for the information of the court, all parties in
terested, so far as known, being represented at
the hearing The administrator Of the estate of
George 5. LaBar, deceased, was represented by I.
p Hoban, who also appeared for the widow,
while Layton VI. Schoch appeared for the guar
dian.
The preliminary question of whether or not
an allowance can legally be made must be
swered in the affirmative. Sec ] Rh. Or. Court
Pr, page 81, and cases cited Even where there
is direction in will to accumulate income, the
courts are authorized to order an adequate al
lowance for the minor from such accumulation.
for maintenance and education where there ore
no other vailable means. Act go, March 1sj2,
sec. 10. P. H. 1872 Kinikes Estate, go W. N.
g., 163 The court is also asked to ratify and
approve the payments already made by the
guardian, on behalf of the ward amounting to
$93OG2, and as it appears from the evidence that
these expenditures were legitimate and proper,
allowance is made as prayed for, with the same
force and effect as ii made before said sum was
paid. Seiberts Ap., 10 Pa, 149.
A request was also made for the allowance of
a fec for the services of counsel in connection
with this application and other necessary mat
tiers. 1T appears that considerable time has been
spent by Mr.. Schoch and other attorneys who
have assisted him. in the examination OF the
records relating to this cstatet, so that the guar
dian, as we'll as the court, could be fully in
formed as to the nature and extent of the prop
erty OF this minor, and the income which the
guardian will be called upon to collect. That
this work was laborious, and that it has been
thoroughly and satisfactorily done, is shown by
the large number of copies which have been
procured by counsel and offered in evidence. of
the various records, deeds, leases, and other
matters relating to the estate. Under these cir
cumstances. it seems proper to make an allow
ance for Layton NJ. Schoch, 7. p. Hoban and
other counsel who may have assisted in this
work, OF $500, and such an allowance is accord.
ingly made.
through whose hands the allowance authorized in
this proceeding must pass, is the mother OF the
ward; and it has been held that an allowance
will not be made to father for the maintenance
OF his minor children unless it appears that he
is unable to support them. llarlords Accounts,
Rawle. 323
But in the case under consideration, it ap-
pears that the mother has means whatever;
and it is we'll settled that when mother is not
able to maintain her minor child an allowance
will be made for its past and future support.
Pennock's Est, 80 Leg. Int, 1859. StrawbridSe's
Ap., 5 Wharton, 56S.
The next question which naturally arises, Is,
what allowance would be reasonable and proper
one, under all the circumstances OF this case?
An instructive authority upon this point, is
the case OF the Estate OF Dora Aslmead Jones,
minor, reported in 10 Phila., Rep, 2aS.
1t was there held that ''Food, raiment and
shelter are not all that the court should provide
for; but that it looks to the establishment OF
social environment in keeping with the circum-
stances and position in life OF the family. and
such the court has reason to believe, from all
the evidence within it's reach, the father himself
would have provided"
The facts in evidence to which this rule should
apply are follows: The annual income, which
Is being paid and viii, be paid to the guardian,
is about six thousand five hundred dollars; per-
haps little more. The father OF the minor, dur
ing his lifetime, occupied position in life which
called for large expenditures, and it is in evil
dence that he lived up to his income, as stated
above, although it does not appear that he was
man Of any bad habits, or that he wasted his
money in any way. At the time Of his death he
was living with his wife and child in a well.kept
and respectable family hotel in the city OF Scran-
ton. and W. II. Whyte, the proprietor of this
hotel, testified that the mode of life of Mr.. la
Bar required the expenditure OF a large sum OF
money.
family, and that he was well educated and intel.
lgent. His widow is also Of good social stand
ing, and obviously cultured and refined, All
these matters must properly be considered in
determining the amount of the allowance; and
cannot overlook the evidence 10 the necessity
of providing home for the child, where he can
be kept apart from the surroundings incident to
a hotel life, which are certainly not conducive
to the proper rearing OF child
The petition OF the guardian, originally filed,
did not include specific request for an allow.
ance Tor furnishing house for home, but all
parties at the hearing agreed that it might lie
considered as a part OF the application. | do
not propose to discuss the evidence in detail, but
have simply referred to it ia general way,
without quoting from the testimony OF the diff
ierent witnesses called, See Norris vs.. Fisher &
Ash, AL
The case OF Dora Jones, a minor, Csupra),
seems very like the one under consideration, and
! reel inclined 10 ADOPT the order there MADE so
far an annual allowance is concerned, bearing
in mind the relative income of the two estates.
In that case an allowance of 5000 per annm
was made, the estate yielding $4,000 year; one
half Of this being appropriated for present needs
and the balance allowed 10 accumulate.
Adopting this rule, practically an allowance of
5000 per year is made, TO begin January 4,
1907 and to continue until the further order of
this court
An allowance Of a full one,half of the income
would be made, except for the fact that part OF
the income is derived from coal royalties, which,
Of course, is really Withdrawal from the corpus
OF the estate
| have alluded to the evidence upon the ques-
tion of the necessity Of making an allowance to
iX up home in which the minor can be reared;
but the advantage Of home life for child are
too obvious to require extended discussion. See
Smith VS. Gummere, 80 n. j, Eq,, l27,
| allow the sum OF $500 at this time for the
purpose OF furnishing a home in which this minor
can be reared by his mother; and should this
allowance prove inadequate for this purpose. an
increase can be asked for a a subsequent time.
A. A. Nosbmg,. r. j,
In Orphans Court.
In the orphans court yesterday