Legal Opinion

Shoenberger's Executors v. Lancaster Savings Institution

Supreme Court of Pennsylvania

Decided July 1, 1857PublishedCited by 8 opinions

Error, to the Common Pleas of Lancaster county. The following statement of facts is submitted as a case stated for the consideration and decision of the court. Edward II.

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Error, to the Common Pleas of Lancaster county. The following statement of facts is submitted as a case stated for the consideration and decision of the court. Edward II. Lytle made the several promissory notes in writing hereinafter mentioned, of which the following are copies:— No. 1. Philadelphia, March 1st, 1854. $1950.00. ■ Four months after date, I promise to pay to the order of Dr. P. Shoenberger, nineteen hundred and fifty dollars, without defalcation, value received. Payable at the Farmers’ Bank of Lancaster. Edward H. Lytle. No.-. Due July 1-4. Endorsed — P. Shoenberger. This note…

1Opinion of the Court

The opinion of the court was delivered by

Lowrie, J.

The office of executor in Pennsylvania is, of course, very analogous to the office of executor in England, but their *466duties are not identical; and we always run the risk of error, if we take counsel from English analogies and overlook the instructions of our own statutes. At death a man’s estate really passes into the hands of the law for administration, as much when he dies testate as when,intestate; except that, in the former case, he fixes the law of its distribution after payment of debts, and usually appoints the persons who are to…

2Cited by8 opinions

  1. LOVEJOY v. GeorgeffSuperior Court of Pennsylvania · 1973
  2. Beckman, SEC. of Bkg. v. Owens, Ex.Superior Court of Pennsylvania · 1939
  3. Ralston's EstateSupreme Court of Pennsylvania · 1893
  4. Bair v. ChambersSuperior Court of Pennsylvania · 1918
  5. Lowrie v. Dollar Savings & Trust Co.Supreme Court of Pennsylvania · 1920

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