Johnston's Estate
Supreme Court of Pennsylvania
APPEAL from the decree of the Orphans’ Court of Lancaster county by John Lang and James Perry, administrators of Dr Samuel A. Johnston, deceased.
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APPEAL from the decree of the Orphans’ Court of Lancaster county by John Lang and James Perry, administrators of Dr Samuel A. Johnston, deceased. The Orphans’ Court made the following decision and decree : — Lewis (President). — The intestate died on the 26th November 1839, and letters of administration were taken out by the accountants on the 11th December 1839. On the 2d of January 1840, the accountants having sold to Benjamin Barr a portion of the assets of the estate, took his single bill, with that of John Barr as surety, for the sum of $201.48, payable six months after date. The debtor…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
An executor is prima facie liable for the appraised value of the personal estate, and it is his duty, within one year, at most, from the death of the testator, to sell or dispose of the deceased’s effects, and convert them into ready money, to answer the purposes of the trust. In England the property is sold for cash, and, of course, the executor is immediately chargeable with the price; but in Pennsylvania, for reasons arising out of a different state of circumstances, another rule has been adopted. The practice is to sell at a short credit,…
2Cited by13 opinions
- Kline's EstateSupreme Court of Pennsylvania · 1924
- Gardner's EstateSupreme Court of Pennsylvania · 1936
- Neff's AppealSupreme Court of Pennsylvania · 1868
- Istocin's EstateSuperior Court of Pennsylvania · 1936
- Stephen's EstateSupreme Court of Pennsylvania · 1935
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