Royer's Appeal
Supreme Court of Pennsylvania
This was an appeal by Boyer and Boyer, administrators of the estate of Joseph-Boyer, deceased, from the decree of the Orphans’ Court of Lancaster county, overruling exceptions to and confirming the account of Fahnestock, formerly one of the executors of the will of said Joseph Boyer. - On the 15th day of August, 1834, Joseph Boyer, of Warwick township, Lancaster county, made his last will and testament, and on the 6th day of January, 1847, he annexed a codicil to his said…
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This was an appeal by Boyer and Boyer, administrators of the estate of Joseph-Boyer, deceased, from the decree of the Orphans’ Court of Lancaster county, overruling exceptions to and confirming the account of Fahnestock, formerly one of the executors of the will of said Joseph Boyer. - On the 15th day of August, 1834, Joseph Boyer, of Warwick township, Lancaster county, made his last will and testament, and on the 6th day of January, 1847, he annexed a codicil to his said will and testament; in said will and codicil he appointed his son David B'oyer and Peter Fahnestock, executors. He died in…
1Opinion of the Court
The opinion of the court was delivered by
Bell, J.
Notwithstanding what was said in Bradford vs. Boudinot, 3 W. C. C. R. 122, and repeated in Geddis’ Appeal, 9 W. 284, of the duty of an executor to sustain the validity of the instrument under which he acts, as a will, against the hostile attacks of those claiming adversely to it, and of his right to call on the estate of the supposed testator to discharge the costs and expenses •incurred in the contest, it is, under our decisions, clear that his right to do so depends altogether upon whether the litigation is for the benefit of the estate, or…
2Cases cited2 opinions
- Mumper's AppealSupreme Court of Pennsylvania · 1842
- Scott's EstateSupreme Court of Pennsylvania · 1845
3Cited by14 opinions
- Baughman's EstateSupreme Court of Pennsylvania · 1924
- Faust EstateSupreme Court of Pennsylvania · 1950
- In re Estate of SmithSupreme Court of Iowa · 1914
- Laughlin EstateSupreme Court of Pennsylvania · 1945
- Bennett EstateSupreme Court of Pennsylvania · 1951
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