Hartzell v. Brown's heirs
Supreme Court of Pennsylvania
THIS was an appeal by the surviving administrator of Engelhart Brown, from a decree of the Orphan’s Court of Mifflin county, In a supplemental account filed by the administrators, they charged the estate of their intestate, with various sums expended for costs, fees ol counsel &c. m several suits brought against them by persons claiming as next of kin to Engelhart Brown.
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THIS was an appeal by the surviving administrator of Engelhart Brown, from a decree of the Orphan’s Court of Mifflin county, In a supplemental account filed by the administrators, they charged the estate of their intestate, with various sums expended for costs, fees ol counsel &c. m several suits brought against them by persons claiming as next of kin to Engelhart Brown. These suits were defended upon the ground that the plaintiffs were not the next of kin. ft appeared that on the 30th of May 1803, the administrators, agreeably to the ninth section of the act of 29th September 1787, in…
1Opinion of the Court
Tilghman C. J.
The question is, whether the administrators shall be allowed the expenses of several suits brought against them by the next of kin of the intestate, to recover their shares of his estate. They defended these suits, on the ground of the plaintiff’s not being the next of kin, and there appears to have been reason for doubt on this subject. I would not lay it down as a principle, that an administrator shall in no case be allowed the costs of defending a suit against persons setting themselves up as heirs. Every encouragement should be given to defend the estate against all unjust…
2Cited by2 opinions
- Lambourn v. HartswickSupreme Court of Pennsylvania · 1824
- Milliken v. BarrSupreme Court of Pennsylvania · 1847