Legal Opinion

Case of M'Nair's Appeal

Supreme Court of Pennsylvania

Decided February 11, 1833PublishedCited by 25 opinions

This case came before the court on an appeal from the decision of the Circuit Court of Montgomery County, held by the Chief Justice in March, 1832, reversing the decree of the Orphan’s Court of that county on the settlement of the accounts of the executors of Samuel M‘JVair, deceased. Samuel M‘JVair died in the year 1816, leaving a will, which bore date the 15th of April, 1816, and was proved on the 16th of May, following.

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This case came before the court on an appeal from the decision of the Circuit Court of Montgomery County, held by the Chief Justice in March, 1832, reversing the decree of the Orphan’s Court of that county on the settlement of the accounts of the executors of Samuel M‘JVair, deceased. Samuel M‘JVair died in the year 1816, leaving a will, which bore date the 15th of April, 1816, and was proved on the 16th of May, following. By this will, after certain legacies and devises which need not be mentioned, and giving to his wife an estate for life in a portion of his real estate, he directed his two…

1Opinion of the Court

The opinion of the court was delivered by

Kennedy, J.

It is proper to observe, that the contest In this case is between the executors and legatees, and not with the creditors of the testator. And although Lord Thürlow, in Saddler v. Hobbs, 2 Bro. Ch. Rep. 117, seemed to think it an odd distinction that a creditor should have a right to charge an executor when legatees should not, and Mr. Toller, in his treatise on the Law of Executors and Administrators, 484, has said, that it appeared to rest on no authority, its existence is recognised in 2 Fonb. 83-84, and acted upon in several cases. In…

2Cases cited1 opinion

  1. Appeal of BrownSupreme Court of Pennsylvania · 1788

3Cited by25 opinions

  1. Gardner's EstateSupreme Court of Pennsylvania · 1936
  2. Dundas's AppealSupreme Court of Pennsylvania · 1870
  3. In re Estate of SempleSupreme Court of Pennsylvania · 1899
  4. Verner's EstateSupreme Court of Pennsylvania · 1837
  5. Foster v. ThomasSupreme Court of Connecticut · 1851

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