Opinion
November 15, 1951.
January 17, 1952.
Guardian and ward — Weak-minded persons — Death of ward — Discretion of court in selection or removal of guardians — Moot question.
1. A feeble-minded or weak-minded person is the ward of the court appointing the guardian, and the guardian is simply its bailiff or agent in protecting him and his estate.
2. The functions and powers of a guardian or committee cease with the life of the incompetent; there remain only the duty and liability to account.
3. In a proceeding relative to the guardianship of the estate of a weak-minded person, in which it appeared that an appeal had been taken from an order revoking the appointment of a guardian and directing it to file an account as temporary guardian, and appointing another as successor permanent guardian; that the ward had died; and that the temporary guardian had filed its first and final account; it was Held that the question as to whether or not the court below had abused its discretion was moot and the appeal was dismissed.
Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS, ARNOLD and GUNTHER, JJ.
Appeal, No. 103, April T., 1951, from appeal of Court of Common Pleas of Allegheny County, Jan. T., 1951, No. 248, in re Appointment of Guardian of Estate of Maud A. Palmer, a weak-minded person. Appeal dismissed.
Proceedings relative to guardianship of estate of weak-minded person.
Order entered revoking order appointing guardian and substituting successor permanent guardian, opinion by MONTGOMERY, J. Petitioner appealed.
Harvey A. Miller, with him Dale T. Lias and Miller Miller, for petitioner, appellant.
George F. Taylor, with him G.M. Fehr and Alter, Wright Barron, for successor-trustee, under Rule No. 46.
Argued November 15, 1951.
This is a proceeding under the Act of May 28, 1907, P. L. 292, as amended, 50 P. S. § 941 et seq., relative to the guardianship of the estate of Maud A. Palmer, a weak-minded person. Florence J. Harvey, niece of the ward and a next of kin residing in Pittsburgh, has appealed from an order of the court below entered on April 6, 1951, which revoked the appointment of the Mellon National Bank and Trust Company as guardian of the estate of Maud A. Palmer and directed it to file within thirty days its account as temporary guardian and bailiff. The appointment of the Mellon National Bank and Trust Company as guardian had been made by order of October 27, 1950, as modified and limited by subsequent orders of the court. By the order of April 6, 1951, the court appointed the Commonwealth Trust Company of Pittsburgh as successor permanent guardian of the estate of the said Maud A. Palmer. Appellant on this appeal asks that the Mellon National Bank and Trust Company be reinstated as guardian.
Repealed by the Act of June 28, 1951, No. 158, effective January 1, 1952.
Appellant's appeal from the order of the court below was taken to this Court on April 27, 1951. See section 8 of the Act of May 28, 1907, P. L. 292, as amended, 50 P. S. § 964. Subsequently, on August 9, 1951, before the argument of the appeal, the ward died. No one has appeared as appellee in this appeal. The Commonwealth Trust Company of Pittsburgh, however, filed a brief under Rule 46 of this Court, and was permitted to participate in the oral argument in support of the action of the court below.
No extended recital of the facts or of the proceedings in the court below is necessary. Maud A. Palmer was so mentally defective as to require the appointment of a guardian for the protection of her estate. But appellant complains that it was an abuse of discretion for the court below to revoke, allegedly without cause, the appointment of the Mellon National Bank and Trust Company as guardian made by the order of October 27, 1950, as modified and limited by subsequent orders of the court, and to appoint the Commonwealth Trust Company of Pittsburgh successor permanent guardian. While the selection or removal of a guardian of the estate of a weak-minded person may be reviewable for abuse of discretion ( Voshake's Estate, 125 Pa. Super. 98, 189 A. 753; Arthur's Case, 136 Pa. Super. 261, 7 A.2d 55), that issue is not before us, as it has been rendered moot by the death of the ward ( Dean's Appeal, 90 Pa. 106, 110). In Gerlach's Estate, 127 Pa. Super. 293, 300, 301, 193 A. 467, 470, we said: "A feeble-minded or weak-minded person is the ward of the court appointing the guardian, and the guardian is simply its bailiff or agent in protecting him and his estate. . . . The functions and powers of a guardian or committee cease with the life of the incompetent; there remain only the duty and liability to account." See, also, Graham's Estate, 147 Pa. Super. 57, 23 A.2d 235, 346 Pa. 479, 31 A.2d 125; Frew's Estate, 340 Pa. 89, 91, 16 A.2d 26. On May 4, 1951, Mellon National Bank and Trust Company complied with the order of the court of April 6, 1951, by filing its first and final account as temporary guardian and bailiff.
In so far as it appears from the record in this appeal, there is nothing for decision before us.
Appeal is dismissed.