United States Trust Co. v. National Savings & Trust Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal by the plaintiff from a decree of the Supreme Court of the District of Columbia, sitting as a court of equity, sustaining a demurrer to and dismissing a bill in equity against the administrator, widow, and heirs at law of a deceased executor and trustee, for an accounting and for an injunction.
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Hearing on an appeal by the plaintiff from a decree of the Supreme Court of the District of Columbia, sitting as a court of equity, sustaining a demurrer to and dismissing a bill in equity against the administrator, widow, and heirs at law of a deceased executor and trustee, for an accounting and for an injunction. The Court in the opinion stated the facts as follows: This is an appeal from a decree of the supreme court of the District of Columbia, dismissing on demurrer appellant’s bill in equity [against the National Savings & Trust Company of the District of Columbia, administrator of the…
1Opinion of the CourtJustice Van Oksdel
The power of an executor to take charge of the assets of his ■testator’s estate, and execute the provisions of the will without .administration, in the absence of objection by creditors, has .long been recognized in Pennsylvania. McLean v. Wade, 58 Pa. 146.
It was contended on demurrer in the court belcw that Edward Rahm, Junior, is the proper party plaintiff, and it was upon this point alone that the demurrer was sustained and the •decree entered. The bill, by its silence, concedes, after the long lapse of time between the death of the testator and the bringing of this suit, that all debts…
2Cases cited2 opinions
- Lee v. WrightSupreme Court of Pennsylvania · 1829
- Rahm's EstateSupreme Court of Pennsylvania · 1910