Wilson's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Allegheny county: Of October Term 1886, No. 241. Appeal by David M. Wilson from the decree of said court surcharging him on the audit of his account as the surviving executor of the estate of William Noble deceased.
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Appeal from the Orphans’ Court of Allegheny county: Of October Term 1886, No. 241. Appeal by David M. Wilson from the decree of said court surcharging him on the audit of his account as the surviving executor of the estate of William Noble deceased. The- following facts of the case are taken from the statements of Hawkins, P. J., filed on the audit of the second account of David M. Wilson, surviving executor of the estate of William Noble deceased, and on the hearing of the exceptions to the adjudication of the audit: ' William Noble died in the year 1866. By his last will and testament he…
1Opinion of the CourtJustice Clark
It is a general rule that a devastavit by one of the executors will not charge his co-executor, unless the latter has in some way contributed to it, for the testator’s misplaced confidence in one, should not operate to the prejudice of the other. Administrators, by giving bond, become sureties for each other: (Boyd v. Boyd, 1 W., 367), but executors, excepting under special circumstances, are liable only for the amount which comes into their hands, respectively : Stell’s Appeal, 10 Barr, 152.
In Hall v. Boyd, 6 Barr, 270, the rule is thus stated:— “ When several persons are appointed…
2Cases cited2 opinions
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- Appeal of BrownSupreme Court of Pennsylvania · 1788
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- McManus's EstateSupreme Court of Pennsylvania · 1905
- Estate of WashburnSupreme Court of Pennsylvania · 1898
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