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16 Pa. Super. 330

Phillips's Estate

Superior Court of Pennsylvania

Decided February 18, 1901

Superior Court of Pennsylvania · decided 1901-02-18

Appeal, No. 215, Oct. T., 1900, by Mary Phillips, from decree of O. C. Schuylkill Co., appointing a guardian of Mary and Emma Oakum. Petition for the appointment of guardian. Prom the record it appeared that on July 24, 1899, the orphans’ court appointed Rev. J. H. Umbenhen. as guardian of Mary and Emma Oakum without notice to the mother of the children.

Affirmed · Decided 1901-02-18

¶1Opinion by

William W. Porter, J.,

¶2Conceding, for tbe purposes of discussion only, that the mother was entitled to notice of the intended application for *332the appointment of a guardian for her children, the purpose of such notice could only be to afford her an opportunity to appear and exhibit to the court any facts or reasons within her knowledge adverse to the appointment. On the motion to vacate, opportunity was given to the mother to be heard on the merits. Every advantage which she could have had if notified of the original application was preserved to her by the court below on the motion to vacate. Hence, it is apparent that even if the original appointment were improvidently made, the rehearing saved all the rights the mother may have had. Upon the facts then appearing, the court, in a wise exercise of its discretion, reaffirmed the appointment theretofore made.

¶3The decree is affirmed.

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