Irwin's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia. This was an appeal by John EL Irwin and others, residuary legatees of John P. D. Muhlenberg, deceased, from the decree of the court below, upon the accounts of Elhanan W. Keyser, one of the executors of the said John P. D. Muhlenberg. John P. D. Muhlenberg, by his will, dated the 11th December 1848, appointed Elhanan W. ICeyser and Daniel L. Woods, his executors, and gave them power to sell and dispose of his real estate.
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Appeal from the Orphans’ Court of Philadelphia. This was an appeal by John EL Irwin and others, residuary legatees of John P. D. Muhlenberg, deceased, from the decree of the court below, upon the accounts of Elhanan W. Keyser, one of the executors of the said John P. D. Muhlenberg. John P. D. Muhlenberg, by his will, dated the 11th December 1848, appointed Elhanan W. ICeyser and Daniel L. Woods, his executors, and gave them power to sell and dispose of his real estate. Daniel L. Woods had acted as the testator’s agent, during his lifetime, in the collection of the rents of his real estate.…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
There is, perhaps, no one subject on which English authorities are so contradictory and irreconcilable as upon the question, when is one trustee or executor liable for moneys that have been lost in the hands of a co-trustee or executor. According to some of the authorities, the rule is not the same as to trustees and executors; according to others, it is. , In some of the cases relating to executors, a distinction is taken between their liability to creditors, and their liability to legatees — a distinction recognised by Lord Harcourt in…
2Cases cited3 opinions
- Boyd v. BoydSupreme Court of Pennsylvania · 1833
- Jones's AppealSupreme Court of Pennsylvania · 1844
- Verner's EstateSupreme Court of Pennsylvania · 1837
3Cited by3 opinions
- Commonwealth v. GregorySupreme Court of Pennsylvania · 1918
- Myer v. MyerSupreme Court of Pennsylvania · 1898
- Beach's EstateSuperior Court of Pennsylvania · 1906