McLean's Executors v. Wade
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Crawford county. This was an action of account render, issued June 13th 1856, by Thomas M. Wade and Mary G. Wade, his wife, in her right, against James G. McLean, William McLean and Anderson McLean, executors, &c., of Daniel McLean, deceased.
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Error to the Court of Common Pleas of Crawford county. This was an action of account render, issued June 13th 1856, by Thomas M. Wade and Mary G. Wade, his wife, in her right, against James G. McLean, William McLean and Anderson McLean, executors, &c., of Daniel McLean, deceased. The plaintiffs in the 1st count of their declaration averred, that Mrs. Wade was seised in fee of a tract of 100 acres of land, and that the decedent for twenty-five years had the care of the premises, to receive the rents, &c., as her bailiff, and render an account, &c.; that he received all the rents, &c., and had…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
The acts and admissions of the defendant’s testator, it seems to us, were quite sufficient to justify the finding of the jury that he had taken upon himself to act in the capacity of agent or bailiff, in regard' to the estate of his infant granddaughter, the meritorious plaintiff below. His declarations go to show that he undertook the relation at the request of his son, when the latter was on his death-bed ; and he admitted it at all times afterwards, both by acts and declarations. The cestui que trust, the granddaughter and her husband,…
2Cases cited2 opinions
- Lee v. WrightSupreme Court of Pennsylvania · 1829
- M'Fadden v. ErwinSupreme Court of Pennsylvania · 1836
3Cited by13 opinions
- Ehmling v. D. L. Ward Co.Supreme Court of Pennsylvania · 1924
- Brothers EstatesSuperior Court of Pennsylvania · 1944
- Commonwealth v. Easton Trust Co.Supreme Court of Pennsylvania · 1943
- Plogstert EstateSupreme Court of Pennsylvania · 1944
- Roberts v. MessingerSupreme Court of Pennsylvania · 1890
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