Dillebaugh's Estate
Supreme Court of Pennsylvania
APPEAL from the decree of the orphan’s court of Dauphin county. Ann Dillebaugh, the widow of Christian Dillebaugh deceased, on the 3d of May 1831, presented a petition to the court, for a citation to Christian Ober and Henry Ober, administrators of said deceased, to appear and make distribution of the balance of their administration account, 2231 dollars 94 cents, settled the 4th of May 1811. The widow claimed the interest of 740 dollars, payable to her annually, from the…
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APPEAL from the decree of the orphan’s court of Dauphin county. Ann Dillebaugh, the widow of Christian Dillebaugh deceased, on the 3d of May 1831, presented a petition to the court, for a citation to Christian Ober and Henry Ober, administrators of said deceased, to appear and make distribution of the balance of their administration account, 2231 dollars 94 cents, settled the 4th of May 1811. The widow claimed the interest of 740 dollars, payable to her annually, from the year 1817, up, to which time she had received it. The administrators appeared ; relied upon the statute of limitations,…
1Per curiam
—An administrator is not chargeable with the consequences of a disastrous exercise of his discretion, unless it be accompanied with negligence so gross as to raise a presumption of wilful misconduct. Here, however, the order being to sell for cash, precluded every thing like discretion; nevertheless, the administrators thought proper (o leave a portion of the purchase money with the vendee, by reason of which it has been lost. At whose risk are they to be considered as having acted 1 The answer is in the administration account—at their own ; and there is no reason to doubt the correctness of…
2Cited by6 opinions
- De Haven v. BartholomewSupreme Court of Pennsylvania · 1868
- Waddell's EstateSupreme Court of Pennsylvania · 1900
- Vreeland v. SchoonmakerNew Jersey Superior Court Appellate Division · 1863
- Robinson v. Cameron CountySupreme Court of Pennsylvania · 1877
- Robinson v. Cameron CountySupreme Court of Pennsylvania · 1877
1 more not listed; retrieve them via the Exa API.