Marshall v. Hoff
Supreme Court of Pennsylvania
APPEAL from the decree of the orphan’s court of Berks county, making distribution of the money in the hands of Jacob Hoff and Catherine Hoff, administrators of John Hoff deceased. Jacob Bright died seised of real estate, having made his will, by which he authorised his executor, John Hoff, to sell his said estate for certain purposes therein directed.
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APPEAL from the decree of the orphan’s court of Berks county, making distribution of the money in the hands of Jacob Hoff and Catherine Hoff, administrators of John Hoff deceased. Jacob Bright died seised of real estate, having made his will, by which he authorised his executor, John Hoff, to sell his said estate for certain purposes therein directed. The estate was sold, and John Hoff the executor took bonds and mortgage for the payment of part of the purchase money, and subsequently settled an account, charging himself with the said purchase money, by which there was found to be a balance…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
The administrators of John Hoff can administer *441the funds in their hands derived from the estate of Jacob Bright in no way more advantageously to Hoff’s creditors than he himself could do were he alive; and the question is, what would be their recourse against him in a court of equity, to whose jurisdiction the subject belongs? It is plain that he could not make the assets his own, to defeat the purposes of the will, by charging the value in his account: a chancellor would, notwithstanding, lay hold on the funds in the hands of. the…
2Cited by7 opinions
- Williams' EstateSupreme Court of Pennsylvania · 1912
- Crosetti's EstateSupreme Court of Pennsylvania · 1905
- In Re Estate of LivingstonSupreme Court of Pennsylvania · 1992
- Moore's EstateSupreme Court of Pennsylvania · 1905
- Tassey's EstateSupreme Court of Pennsylvania · 1861
2 more not listed; retrieve them via the Exa API.