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3 Pennyp. 243

Copenheffer's Appeal

Pennsylvania Orphans' Court, Lancaster County · decided 1883-05-16

Appeal of Henry Copenheffer, guardian of Mary Jane McCauley, from a decree of the Orphans’ Court of Lancaster Qounty dismissing exceptions to the report of an auditor. Joseph L. Detwiler died intestate in the year 1863, leaving, among other children, a minor daughter, Mary Jane Detwiler, now7 Mary Jane McCauley. On March. 19, 1866, Henry Copenheffer was appointed her guardian.

Decided 1883-05-16

— Pee Curiam :

¶1The fact is unquestioned that the appellant mingled the trust money with his own, and used it indiscriminately for all purposes. He was, therefore, correctly held liable for the legal rate of interest thereon. If he desired to avoid payment of that rate of interest, he should have kept the trust money separate from his own, and proved an honest effort to invest it. As he is not shown to have made such an effort, and he did not ask for an order of Court directing the investment, he is in no position to complain of the decree imposing legal interest upon him.

¶2Decree affirmed, and appeal dismissed at the cost of appellant.

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