Hocker v. Woods's
Supreme Court of Pennsylvania
Error to the Common Pleas of Dauphin county. This was an action of assumpsit by Peter Hocker against Oliver Baskins, surviving executor of Henry Woods, deceased, to recover the sum of $51838.07, which the plaintiff had paid as surety for John Strasbaugh and Henry Woods, who were the guardians of the minor children of Timothy Kirby, deceased.
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Error to the Common Pleas of Dauphin county. This was an action of assumpsit by Peter Hocker against Oliver Baskins, surviving executor of Henry Woods, deceased, to recover the sum of $51838.07, which the plaintiff had paid as surety for John Strasbaugh and Henry Woods, who were the guardians of the minor children of Timothy Kirby, deceased. On the trial of the cause, a special verdict was found by agreement, in which the following facts were stated :— On the 21st November 1845, the Orphans’ Court of Dauphin county appointed Henry Woods and John Strasbaugh guardians of the six minor children…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
If a distinction, such as is made in the argument, may be taken between the discharge of a guardian from the duties of his appointment, and liability for the estate of his ward, it is not a distinction to rule this case, for the record which shows the discharge of Woods, shows also that no part of the wards’ estate had come to his hands. There was then no liability when he was discharged, and liability could not accrue afterward. True it is, that joint administrators and executors are liable for the devastavits of each other; but this is,…
2Cited by1 opinion
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