Searight's Estate
Supreme Court of Pennsylvania
Appeal, No. 434, Jan. T., 1894, by James Coyle and Keziah Searight, judgment creditors, from, decree of O. C. Cumberland Co., distributing estate of F. W. Searight, deceased. Adjudication of executor’s account. From the report of Edw.
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Appeal, No. 434, Jan. T., 1894, by James Coyle and Keziah Searight, judgment creditors, from, decree of O. C. Cumberland Co., distributing estate of F. W. Searight, deceased. Adjudication of executor’s account. From the report of Edw. B. Watts, Esq., auditor, it appeared that the following exception was filed to the account of Joseph A. Stuart, one of the executors of F. W. Searight, deceased: ' “Accountant should not be allowed credit for the payment of items on the credit side of the account (enumerating them), for the reason that said payments, the same being for interest, were made by him…
1Opinion of the Court
Opinion bv
Mb. Justice Mitchell,
That the executor, in good faith and with reasonable grounds *227to believe that the estate was solvent, paid the interest and the judgments, gives him, as the auditor found and the court be-' low held, an equitable right of subrogation,, to which he maybe entitled even at the present time provided it can be allowed-without injury tq others. So far therefore as the fund was: the proceeds of personal property, the distribution may be sus-, tained upon the opinion of the learned judge below.
•But with regard to the proceeds of the real estate the case is entirely…
2Cases cited4 opinions
- Douglass's AppealSupreme Court of Pennsylvania · 1864
- Gring's AppealSupreme Court of Pennsylvania · 1879
- Indiana County Bank's AppealSupreme Court of Pennsylvania · 1880
- Harner's AppealSupreme Court of Pennsylvania · 1880
3Cited by5 opinions
- First National Bank & Trust Company v. StolarSuperior Court of Pennsylvania · 1937
- Pennsylvania Trust Co. v. EarnestSuperior Court of Pennsylvania · 1937
- J. R. Clausen & Son v. Bellevue Building & Loan Ass'nSuperior Court of Pennsylvania · 1898
- Young v. BradySupreme Court of Pennsylvania · 1915
- Black's EstatePennsylvania Orphans' Court, Philadelphia County · 1940