Ritchie v. Mauro

The value of the interest a guardian has in the minor’s estate, is not the value-of the estate, but' that of the office of guardian. This is of ho value, except so far as it affords a compensation for labours and services; and in a controversy-between persons claiming adversely as guardians, having-no distinct interest of their own, it cannot be considered as amounting to a sufficient sum to authorise an appeal to this Cqurt, from a circuit court of the district of Co- ■ lumbia.

THIS was an appeal from the circuit court of the county of Washington; in which court the proceedings of the orphans’ court, of that county, appointing a guardian to the estate of a minor, had been reversed on appeal, and the court had proceeded to pass, such a decree, as it adjudged the orphans’ court should have ■ passed. From this decreé of the circuit court, the appellant came before this Court, and he sought to sustain the decision of the orphans’ fcourt. The appellant, under an order of the orphans’ courti had béen appointed the guardian of John W. Ott; and had, in pursuance of the same, order, entered into a bond, as guardian of the said John W. Ott, in the petial sum of $10,000, with sureties. Asj the Court did not decide but upon one of the points in the ca§e presented by the counsel, the arguments upon the others' are omitted. An objection wias made by the counsel of the appellees, that the amount in controversy was not sufficient to au-thorise an appeal from the circuit court of Washington county to this .pourt... The whole question to be decided on this appeal was, whether the appellant,of the appellees were legally entitled to the guardianship of the person'and estate of John W..Ott, a minor; whose estate, it was admitted, was of considérable value. It was also admitted, that neither the appellant nor the appellees had any interest iii the estate, except that which would be obtained from the compensation they might derive for their labours and responsibilities, as guardians of the minor. The counsel for the appellant contended, that the right of appeal was complete, as the property which would come •into the hands of the guardian exceeded two thousand dollars ; and the bond given.by him, by order of the orphans’ trnurt, was in the sum of ten thousand dollars. The law is well settled, that a trustee may appeal when the property under his charge is of sufficient amount, al-. ' though he has no interest whatever in the trust estate. A guardfan is a trustee, and should be considered in the same relations to the property of his Ward. submitted the question of the right of appeal to the Court, presenting onlylhe suggestion that the pecuniary benefit of the appellant, from the estate, could not, under any circumstances, amount to. one thousand dollars. Whatever claims on the estate of his ward the appellant might have, for services to be rendered hereafter ; in the state of things at the time of the appeal, as he had never acted as guardian, he had no pecuniary claims , whatsoever.