Sayre's Executors v. Helme's Executors
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Tioga county: No. 97, to January Term 1869. Anselm Helme and others, executors, &c., of Brewster Helme, deceased, brought an action of assumpsit on the 21st of December 1861, against James Sayre and others, executors, &c., of B. S. Sayre, deceased.
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Error to the Court of Common Pleas of Tioga county: No. 97, to January Term 1869. Anselm Helme and others, executors, &c., of Brewster Helme, deceased, brought an action of assumpsit on the 21st of December 1861, against James Sayre and others, executors, &c., of B. S. Sayre, deceased. The plaintiffs declared on a promissory note, the defendants pleaded the general issue,“and also a special plea,, that' the plaintiffs are not executors of Brewster Helme, deceased, by virtue of letters testamentary issued in the state of Pennsylvania, that the defendants at the issuing of the writ and their…
1Opinion of the Court
The opinion of the court was delivered, May 11th 1869, by
Thompson, C. J.
The only question presented in this case on argument, was, whether the executors of B. S. Sayre, deceased', who was domiciled in the state of New York at the time of his death, could, under letters testamentary granted by the Surrogate’s Court of Orange county, New York, maintain suit for the recovery of a debt due the estate, by a citizen of this state. The court below held that he could, but for insufficient reasons, we think.
That there was but a single debt to be collected in Pennsylvania did not validate an authority…
2Cases cited1 opinion
- M'Cullough v. YoungSupreme Court of Pennsylvania · 1803
3Cited by8 opinions
- Viosca's EstateSupreme Court of Pennsylvania · 1900
- Hunt v. Penn Central Transportation Co.District Court, W.D. Pennsylvania · 1976
- Mansfield v. McFarlandSupreme Court of Pennsylvania · 1902
- Brown v. HughesDistrict Court, M.D. Pennsylvania · 1955
- Willing's EstateSuperior Court of Pennsylvania · 1924
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