White's Executors v. Commonwealth
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia. This was an action of debt, brought March 3d 1860, in the court below, by the Commonwealth of Pennsylvania, to the use of The Pennsylvania Company for Insurances on Lives and Granting Annuities,” trustee, &e., against Richard S. Smith, executor, &c., of Thomas H. White, deceased.
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Error to the District Court of Philadelphia. This was an action of debt, brought March 3d 1860, in the court below, by the Commonwealth of Pennsylvania, to the use of The Pennsylvania Company for Insurances on Lives and Granting Annuities,” trustee, &e., against Richard S. Smith, executor, &c., of Thomas H. White, deceased. The plaintiff declared on a joint and several bond, bearing date the 30th day of October, A. d. 1852, executed by the said Thomas H. White, together with one Jared Ingersoll, to the Commonwealth, in the penal sum of $19,000, by the condition whereof, after reciting that…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
The testator of the plaintiffs in error became surety for Ingersoll, as trustee of the estate of Sarah F. White, under the will of Sarah Brinton, to invest certain moneys, and pay over the interest to said Sarah F., during her natural life. It seems there was a breach of the trust in a failure of the trustee to pay over or invest the money, and he was dismissed from his trusteeship, and a decree had against him in the Common Pleas for the whole amount of the money, and that he pay the same over to his successors. After proceedings…
2Cases cited2 opinions
- Commonwealth v. WenrickSupreme Court of Pennsylvania · 1839
- Yard v. LeaSupreme Court of Pennsylvania · 1802
3Cited by12 opinions
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