Stell's Appeal
Supreme Court of Pennsylvania
From tbe Common Pleas of Philadelphia. March 13. In 1836 Mrs. Yanarsdall filed a petition in the Common Pleas, setting forth, that in 1818 Gray made an assignment, for the benefit of creditors, to Billington and Richards; that petitioner was a creditor of Gray ; that Billington was dead, and Richards had never filed an account; and prayed a citation to compel a settlement.
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From tbe Common Pleas of Philadelphia. March 13. In 1836 Mrs. Yanarsdall filed a petition in the Common Pleas, setting forth, that in 1818 Gray made an assignment, for the benefit of creditors, to Billington and Richards; that petitioner was a creditor of Gray ; that Billington was dead, and Richards had never filed an account; and prayed a citation to compel a settlement. The answer of Richards set up, that he had never taken an active part in the trust, nor received any moneys, and that Billing-ton, who had exclusively managed the trust, had filed an account in 1828. He admitted that, as…
1Opinion of the CourtBeil, J.
This is an ancient controversy; but, in our apprehension, not difficult of determination. The view we take of it relieves us from the necessity of considering the somewhat conflicting evidence upon the question whether Mr. Richards, in fact, assumed the duties of trustee, under the deeds executed by Robert E. Gray. Admitting that he did not, directly, disclaim the office, but remained passive during the active administration of it by Billington — and this is the utmost that can be claimed by the appellant — the inquiry still remains, do the conceded facts make his estate liable to account for…
2Cases cited2 opinions
- Case of M'Nair's AppealSupreme Court of Pennsylvania · 1833
- Appeal of BrownSupreme Court of Pennsylvania · 1788
3Cited by5 opinions
- Estate of FesmireSupreme Court of Pennsylvania · 1890
- Field v. FieldSuperior Court of Pennsylvania · 1917
- In Re Johnson's Estate & GuardianshipWyoming Supreme Court · 1958
- Alanko v. WaymanWyoming Supreme Court · 1958
- Myer v. MyerSupreme Court of Pennsylvania · 1898