Commonwealth v. McConnell
Supreme Court of Pennsylvania
Appeal, No. 202, Oct. T., 1909, by defendant, from decree of C. P. Beaver Co., Sept. T., 1909, No. 200, dismissing exceptions to auditor’s report in case of Commonwealth ex rel. Fairman Algeo v. Mary Riley, a lunatic, W. A. McConnell, Committee. Exceptions to report of A. P. Marshall, Esq., auditor.
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Appeal, No. 202, Oct. T., 1909, by defendant, from decree of C. P. Beaver Co., Sept. T., 1909, No. 200, dismissing exceptions to auditor’s report in case of Commonwealth ex rel. Fairman Algeo v. Mary Riley, a lunatic, W. A. McConnell, Committee. Exceptions to report of A. P. Marshall, Esq., auditor. From the record it appeared that the committee of Mary Riley, a lunatic, William A. McConnell, invested several thousand dollars of the lunatic’s estate in bonds of the Beaver Valley Brewing Company. These bonds were secured by a mortgage. The brewing company subsequently went into bankruptcy, and…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
We are not inclined to disturb the rule announced by Chief Justice Black more than half a century ago in Hemphill’s App., 18 Pa. 303, and since recognized and followed by this court. In delivering the opinion in that case the Chief Justice said (p. 305): “ In England it has been held for more than a century past to be settled law, that a trustee can only protect himself from risk, when he invests the trust fund in real or government securities or makes the investment in pursuance of an order by the court. . . . The same rule has been adopted in its whole length…
2Cases cited2 opinions
- Hemphill's AppealSupreme Court of Pennsylvania · 1852
- Worrell's AppealSupreme Court of Pennsylvania · 1854
3Cited by21 opinions
- Taylor's EstateSupreme Court of Pennsylvania · 1923
- Curran's EstateSupreme Court of Pennsylvania · 1933
- Gerlach's EstateSuperior Court of Pennsylvania · 1937
- Snyder EstateSupreme Court of Pennsylvania · 1943
- Kelly v. KellyMontana Supreme Court · 1931
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