Miller, Admrx. v. Jacobs, Admrx.

Opinion by

Mr. Justice Horace Stern,

The question of liability for torts committed during the course of administration of a decedent’s estate has been the subject of varied discussion both by judges and academic authorities. In Pennsylvania, however, as well as by the overwhelming weight of authority in other jurisdictions, the principle that the executor or administrator, not the estate, is liable for such torts, is so firmly entrenched that no successful assault can now be made upon it.

In 1867 the legislature granted to one John W. Berryman, his heirs and assigns, the right to operate a ferry…