Stair v. York National Bank
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of York county. This was an action of assumpsit to August Term 1866, by George W. Stair, administrator d. b. n., &c., of George Shearer, deceased, against the York National Bank. The suit was brought to recover a deposit under the following circumstances:— George Shearer died about November 1864, having made his will, and letters testamentary were issued to William W. Wolf, the executor named in it.
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Error to the Court of Common Pleas of York county. This was an action of assumpsit to August Term 1866, by George W. Stair, administrator d. b. n., &c., of George Shearer, deceased, against the York National Bank. The suit was brought to recover a deposit under the following circumstances:— George Shearer died about November 1864, having made his will, and letters testamentary were issued to William W. Wolf, the executor named in it. The executor filed an inventory, part of which was a certificate of special deposit made by Shearer with the banking-house of C. Weiser & Son. On the 20th of…
1Opinion of the Court
The opinion of the court was delivered, July 3d 1866, by
Agnew, J.
— The administrator de bonis non is the proper party to recover the assets of the decedent’s estate in the hands of a former administrator or his representative, and to sue on promises made to him in his representative capacity: Act 24th February 1834, § 31. A payment to the administrator of a deceased administrator is invalid: Musser v. Eckhart, 7 Harris 201; Little v. Watton, 11 Harris 164. If the deposit in question in this case belonged to the estate of George Shearer, deceased, the plaintiff, as administrator de bonis non…
2Cases cited2 opinions
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