Adams's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia. These were appeals by Robert Adams, guardian of the minor-children of Mrs. Sarah IT. Adams, deceased, and by E. Kintzing and J. P. Hutchinson, from the decree of the Orphans’ Court made in the distribution of the estate of Mahlon Hutchinson.
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Appeal from the Orphans’ Court of Philadelphia. These were appeals by Robert Adams, guardian of the minor-children of Mrs. Sarah IT. Adams, deceased, and by E. Kintzing and J. P. Hutchinson, from the decree of the Orphans’ Court made in the distribution of the estate of Mahlon Hutchinson. The appellants, who were judgment-creditors- of Daniel L. Hutchinson, one of the executors of Mahlon Hutchinson deceased, sued out attachment executions issuing from the District Court, on the 19th of April 1862, upon any property of the defendant in the hands of the executors of said deceased, and summoned…
1Opinion of the Court
The opinion of the court was delivered, by
A&new, J.
The only question in these appeals is, whether the commissions of an executor may be attached in the hands of his co-executor and himself. We think not; the policy of the law as well as the inconvenience attending it forbid it. It would be incalculably mischievous if the interests of estates and of legatees and distributees were to be retarded and imperilled by the attacks of creditors upon the accounts of the executors or administrators, in order to reach the commissions. It would make the main interests of the estate subservient to…
2Cited by5 opinions
- Mulligan's EstateSupreme Court of Pennsylvania · 1893
- Bair v. Newgeon, Pennsylvania Court of Common Pleas, Delaware County1940
- Finberg v. SullivanCourt of Appeals for the Third Circuit · 1980
- Finberg v. SullivanCourt of Appeals for the Third Circuit · 1980
- McCurdy's EstatePennsylvania Orphans' Court, Philadelphia County · 1923