Calhoun's Estate
Supreme Court of Pennsylvania
APPEAL by John Buchanan and Hugh M’Culloch, executors of William Calhoun, deceased, from the decree of the orphans’ court of Lancaster county, upon the settlement of their administration account. The court below (Collins, president) being of opinion that the accountants should be charged with the amount of the judgment against the Gochenaurs, which was lost, thus fully stated the facts, in order to afford them an opportunity to review their opinion in the supreme court.
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APPEAL by John Buchanan and Hugh M’Culloch, executors of William Calhoun, deceased, from the decree of the orphans’ court of Lancaster county, upon the settlement of their administration account. The court below (Collins, president) being of opinion that the accountants should be charged with the amount of the judgment against the Gochenaurs, which was lost, thus fully stated the facts, in order to afford them an opportunity to review their opinion in the supreme court. It is contended on the part of the legatees, that the accountants should have charged themselves with the sum of 3103…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
It is a general principle, that whenever trustees fail in the peformance of their duty, or exceed, or pervert the power with which they are invested, they and their representatives, whether deriving any benefit from it or not, become responsible to those for whom the trust property should be held; and are chargeable in equity for breach of trust. But it is not for every act of neglect that they are responsible. Thus, executors and administrators, or trustees, acting with good faith, and without any wilful default, or fraud, will not be…
2Cited by20 opinions
- Kline's EstateSupreme Court of Pennsylvania · 1924
- Dundas's AppealSupreme Court of Pennsylvania · 1870
- Clabby's EstateSupreme Court of Pennsylvania · 1940
- In Re Will of HartzellAppellate Court of Illinois · 1963
- Neff's AppealSupreme Court of Pennsylvania · 1868
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