Hanbest's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia conniy: Of January Term 1880, No. 39. Appeal of John Hanbest and others, from the decree of the court dismissing the exceptions to the report of the auditor to audit the account of the executor of Thomas Passmore Hanbest, deceased. Thomas Passmore Hanbest died on the 7th of August 1873, leaving a will dated July 30th 1873, wherein he appointed Isaac Norris his executor.
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Appeal from the Orphans’ Court of Philadelphia conniy: Of January Term 1880, No. 39. Appeal of John Hanbest and others, from the decree of the court dismissing the exceptions to the report of the auditor to audit the account of the executor of Thomas Passmore Hanbest, deceased. Thomas Passmore Hanbest died on the 7th of August 1873, leaving a will dated July 30th 1873, wherein he appointed Isaac Norris his executor. By a codicil he appointed his brother, Philip M. Hanbest, co-executor. The latter died intestate in August 1875. The account of Mr. Norris as executor was filed and referred to an…
1Opinion of the Court
The judgment of the Supreme Court was entered February 2d 1880,
2Per curiam
The deposit or investment by Mr. Norris as executor of Hanbest in the bank of Jay Cooke & Co., was nothing but a simple continuation of the deposit and investment made by the testator and on the same terms. That he opened an account as executor, and transferred the amount to his new account, did not alter the state of the case. Had this been an original deposit *484by the executor of money in his hands, it would have presented an entirely different question. According to the well-established rules on this subject, there was no supine…
3Cited by1 opinion
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