Ritchie v. Mauro, 27 U.S. 243 (1829)

U.S. Supreme Court

Ritchie v. Mauro, 27 U.S. 2 Pet. 243 243 (1829) Ritchie v. Mauro

27 U.S. (2 Pet.) 243

APPEAL FROM THE CIRCUIT COURT

OF THE COUNTY OF WASHINGTON

Syllabus

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 no value except so far as it affords a compensation for labors 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 authorize an appeal to this Court from a Circuit Court of the District of Columbia.

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 decree of the circuit court the appellant came before this Court, and he sought to sustain the decision of the orphans' court.

The appellant, under an order of the orphans' court, had been 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 penal sum of $10,000, with sureties.

Page 27 U. S. 244

MR. CHIEF JUSTICE MARSHALL delivered the opinion of the Court.

In the present case a majority of the Court is of opinion that this Court has no jurisdiction in the case, the value in controversy not being sufficient to entitle the party by law to claim an appeal. The value is not the value of the minor's estate, but the value of the office of guardian. The present is a controversy merely between persons claiming adversely as guardians, having no distinct interest of their own. The office of guardian is of no value except so far as it affords a compensation for labor and services thereafter to be earned.