Wilson v. Wilson
Supreme Court of Pennsylvania
tuéstateofiamsy foam a has always been a trustee for the to all°the personal property of the testator not disposed of by ^ money jlad and received will lie ae-ainst an executor in his personal character to recover a distributive portion of the tesby his will, and to the*executor’s hands as trus- rT,HIS was an appeal from the judgment of the late Mr. -*- Justice Smith at a Circuit Court for Lancaster in May t ono It was an action for money had and received, brought by the…
Read the full summary
tuéstateofiamsy foam a has always been a trustee for the to all°the personal property of the testator not disposed of by ^ money jlad and received will lie ae-ainst an executor in his personal character to recover a distributive portion of the tesby his will, and to the*executor’s hands as trus- rT,HIS was an appeal from the judgment of the late Mr. -*- Justice Smith at a Circuit Court for Lancaster in May t ono It was an action for money had and received, brought by the plaintiff, who was the widow of John Wilson deceased, to r , , r i i i- , ,. recover from the defendant who was his…
1Opinion of the Court
Tilghman C. J.
This is an action on the case for money had and received, brought by the widow of John Wilson senior, against the executor of her husband’s will, to recover her share of her husband’s personal estate. The defendant makes two objections to the plaintiff’s recovery. 1. That an action for money had and received does not lie in this case. 2. That all that part of the testator’s personal estate, not disposed of by the will, is vested in his executor for his own use.
1. The first objection is founded on the impropriety of making the executor personally responsible for property which…
2Cited by9 opinions
- App v. DreisbachSupreme Court of Pennsylvania · 1830
- Morrow ex rel. Isett v. BrenizerSupreme Court of Pennsylvania · 1828
- Patterson v. NicholSupreme Court of Pennsylvania · 1837
- Dayton v. AdkissonNew Jersey Court of Chancery · 1889
- Griffith v. ChewSupreme Court of Pennsylvania · 1822
4 more not listed; retrieve them via the Exa API.