Duval's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county. This was an appeal by the children of William B. Duval from the decree of the Orphans’ Court confirming the report of the auditor appointed to audit, resettle, and adjust the accounts of Samuel Wagner and George B. Rodney, surviving trustees under the will of James S. Duval, deceased.
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Appeal from the Orphans’ Court of Philadelphia county. This was an appeal by the children of William B. Duval from the decree of the Orphans’ Court confirming the report of the auditor appointed to audit, resettle, and adjust the accounts of Samuel Wagner and George B. Rodney, surviving trustees under the will of James S. Duval, deceased. James S. Duval died in 1842, having first made his will, dated March 18th 1842, and a codicil thereto, dated March 22d 1842, which was duly proved at Philadelphia, in which he appointed his wife Catharine executrix. The estate of the deceased was large, and…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
— The testator, by constituting his wife, Catharine Duval, executrix of his will, made her the agent to pay his debts. To her, and to her only, could* the creditors resort directly for satisfaction of their claims. There is nothing, either in the will or in the codicil, which relieves her from the duty of paying the debts, or prevents her resorting to the residuary real estate to obtain the funds necessary for that purpose, in the event that the personal property might prove insufficient. The residue of the real estate, not specifically…
2Cases cited1 opinion
- Nathans v. MorrisSupreme Court of Pennsylvania · 1839
3Cited by3 opinions
- Davis v. Pennsylvania Co., Etc.Supreme Court of Pennsylvania · 1940
- Estate of Victoria S. Murray, Dec'd.Superior Court of Pennsylvania · 1931
- Smyers' EstatePennsylvania Orphans' Court, Clearfield County · 1935