Clay v. Irvine
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Venango county. William Irvine and Mary, his wife, against William Clay, administrator of Agnes Clay, deceased. This was a scire facias upon a transcript filed of a balance in the hands of the defendant as administrator of the estate of Agnes Clay, (formerly Agnes Stewart), his deceased wife, as found by auditors; to which the defendant pleaded payment with leave, &c.
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ERROR to the Common Pleas of Venango county. William Irvine and Mary, his wife, against William Clay, administrator of Agnes Clay, deceased. This was a scire facias upon a transcript filed of a balance in the hands of the defendant as administrator of the estate of Agnes Clay, (formerly Agnes Stewart), his deceased wife, as found by auditors; to which the defendant pleaded payment with leave, &c. The plaintiff gave in evidence the report of auditors, showing a balance of #458.10 upon the administration account of William Clay, administrator of Agnes Clay, deceased. It was admitted that Mary…
1Opinion of the Court
The opinion of the Court (Huston, Justice, dissentiente) was delivered by
Gibson, C. J.
— It seems to have been taken for granted that the property administered by the defendant had been the separate estate of his wife; and that it passed to her children at her death. But the very fact that he administered it, shows that it had become his own. As her separate estate, it could be held only in trust, and the trust account could be settled only by her trustee. If the husband himself were the trustee, he would have had no authority to meddle with the property as her administrator, unless she had…
2Cited by2 opinions
- Commonwealth ex rel. Dauphin County v. HoffmanSupreme Court of Pennsylvania · 1873
- County of Sullivan v. MiddendorfSuperior Court of Pennsylvania · 1898