Withers' Appeal
Supreme Court of Pennsylvania
This was an appeal from the decree of the Orphans’ Court of Lancaster county, which confirmed the report of auditors as to the account of Withers, as administrator of the estate of McKinney, dec’d. A judgment had been entered against McKinney, in the name of Henry Share & Co., in 1815, for above $3000. A sai. fa. was subsequently issued on this judgment in favor of Mehaffey.
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This was an appeal from the decree of the Orphans’ Court of Lancaster county, which confirmed the report of auditors as to the account of Withers, as administrator of the estate of McKinney, dec’d. A judgment had been entered against McKinney, in the name of Henry Share & Co., in 1815, for above $3000. A sai. fa. was subsequently issued on this judgment in favor of Mehaffey. See the case reported in 1 W. & S. 276. McKinney died in 1843; another sai. fa. issued on the same judgment, in favor of Haines, administrator of the estate of Share, against Withers, administrator of the estate of…
1Opinion of the Court
*584The opinion of the court, was delivered by
Burnside, J.
The only question this case presents, is whether an' administrator shall be allowed his counsel fees and expenses for' carrying on' a vexatious and tedious litigation for his exclusive benefit, or a benefit to his wife, who was the sole heir, and no creditors interested ?. If authority was wanted, Gossner’s estate, 6 Whar. 401, settles this- question. It jvas there held that an administratrix was not entitled to charge counsel fees to the fund, where she had made an unjust and vexatious defence' to the next of kin. Nor do we think he can…
2Cases cited2 opinions
- M'Kinney v. MehaffeySupreme Court of Pennsylvania · 1844
- Gossner's EstateSupreme Court of Pennsylvania · 1841