Commonwealth v. Evans
Supreme Court of Pennsylvania
ERROR to the district court of York county. This was an action of debt upon an administration bond given by the defendant], John Evans, esquire, upon taking out letters of administration on the estate of F. M. Wadsworth, esquire, deceased. The suit was brought on the 3d of November 1831 ; and the breach of the condition of the bond alleged by the plaintiff was, the non-payment of a debt owing by the deceased, F. M. Wadsworth, esquire, to Thomas Relly, esquire.
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ERROR to the district court of York county. This was an action of debt upon an administration bond given by the defendant], John Evans, esquire, upon taking out letters of administration on the estate of F. M. Wadsworth, esquire, deceased. The suit was brought on the 3d of November 1831 ; and the breach of the condition of the bond alleged by the plaintiff was, the non-payment of a debt owing by the deceased, F. M. Wadsworth, esquire, to Thomas Relly, esquire. The plaintiff, to support the issue on his part, gave in evidence the record of a suit, No. 29, May term 1830, Relly v. Evans,…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The condition alleged to have been broken, is the *438second in the series as prescribed by the legislature, to wit, that the administrator will well and truly administer according to law the goods, chattels and credits of the deceased, which shall come to his hands ; and we are called upon to give these words an original judicial construction. It was indeed said in Yard v. Lea’s Administrators, 3 Yeates 345, that the bond is a security for creditors as well as the next of kin ; but without intimating the nature of this particular condition,…
2Cases cited2 opinions
- People v. DunlapNew York Supreme Court · 1816
- Yard v. LeaSupreme Court of Pennsylvania · 1802
3Cited by11 opinions
- Giltinan v. StrongSupreme Court of Pennsylvania · 1870
- Girard Trust Co., Trustee v. DempseySuperior Court of Pennsylvania · 1937
- Commonwealth v. WenrickSupreme Court of Pennsylvania · 1839
- Smith v. Commonwealth ex rel. McGarvySupreme Court of Pennsylvania · 1868
- Boyd v. CommonwealthSupreme Court of Pennsylvania · 1860
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