Legal Opinion

Shenck's Administration Account

Supreme Court of Pennsylvania

Decided May 15, 1836PublishedCited by 8 opinions

APPEAL and certiorari to the orphans’ court of Lancaster county. John Shenck, one of the executors of Abraham Herr, presented an account to the orphans’ court, in which he charged himself with the amount of the inventory of the estate, 52,557 dollars, and prayed a credit for it, as having gone into the hands of his co-executors; also with some items of mistake in the inventory, and then asked a credit for upwards of 2000 dollars, a debt due to himself.

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APPEAL and certiorari to the orphans’ court of Lancaster county. John Shenck, one of the executors of Abraham Herr, presented an account to the orphans’ court, in which he charged himself with the amount of the inventory of the estate, 52,557 dollars, and prayed a credit for it, as having gone into the hands of his co-executors; also with some items of mistake in the inventory, and then asked a credit for upwards of 2000 dollars, a debt due to himself. The account was passed by the orphans’ court without exception. The heirs appealed, and in this court filed these exceptions : 1. The court…

1Opinion of the Court

The opinion of the' Court was delivered by

Gibson, C. J.

The appellee would have been entitled to exhibit an account, had he been in possession of assets not already accounted for, or had he been out of pocket for disbursements in his office; but not to give him a remedy for a debt due him by the testator in his lifetime. On the face of the account, nothing appears to charge him but the assets comprised in the inventory, which, confessedly, never came to his hands, having been accounted for by the other executor. *86Pie could not, therefore, raise an account merely to let in his claim in the…

2Cited by8 opinions

  1. Dent's AppealSupreme Court of Pennsylvania · 1854
  2. Foster & Co. v. RunkSupreme Court of Pennsylvania · 1885
  3. Clauser's EstateSupreme Court of Pennsylvania · 1841
  4. Carpenter's AppealSupreme Court of Pennsylvania · 1858
  5. Clauser's EstateSupreme Court of Pennsylvania · 1841

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