Fishel v. Fishel
Supreme Court of Pennsylvania
ERROR to the common pleas of York county. Anna Maria Fishel against Henry King and Michael Fishel, executors of Henry Fishel deceased.
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ERROR to the common pleas of York county. Anna Maria Fishel against Henry King and Michael Fishel, executors of Henry Fishel deceased. The declaration sets forth that Henry King and Michael Fishel, executors of the last will and testament of Henry Fishel, late of the count}', &c., were summoned to answer Anna Maria Fishel of a plea of trespass on the case, &c., and whereupon the said Anna Maria by her attorney, &c., complains, “ that whereas, by a covenant or articles of agreement, made and executed and sealed with their seals ihe 20th day of April, A. D. 1807, wherein the testator aforesaid…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
As the effect of the will is to preserve; and not to create a responsibility under the covenant, an action for the articles to be furnished cannot be maintained as for a legacy, and consequently not to charge the defendants in a representative capacity. The testator had power to release the covenant.; and, butforhis testamentary reservation of it., his appointment of the covenantor to the executorship, would have released it in equity and at law. An action is maintainable on a covenant or an obligation, not, as on a parol promise, by the…
2Cited by1 opinion
- Bowman's AppealSupreme Court of Pennsylvania · 1869