Keller's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Cumberland county. June 5. On a settlement of an administration account, Keller claimed credit for the loss on a note held by decedent. The note matured September, 1842. Decedent died January 3d of that year. In 1842 and 1843 payments on account were made, which reduced the note one-half. Suit was commenced in October, 1843, after an assignment for creditors by the drawer.
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Appeal from the Orphans’ Court of Cumberland county. June 5. On a settlement of an administration account, Keller claimed credit for the loss on a note held by decedent. The note matured September, 1842. Decedent died January 3d of that year. In 1842 and 1843 payments on account were made, which reduced the note one-half. Suit was commenced in October, 1843, after an assignment for creditors by the drawer. The appellant proved that the drawer was in good credit up to the time of his assignment — but the court refused to allow the credit.
1Opinion of the CourtCoulter, J.
The rule of accountability, as applicable to executors, administrators, guardians, and other trustees, is one of very great importance : the precise limitations of which are not, and perhaps cannot be definitely traced or defined, in their application to particular cases. Much must be left to the discretion of the courts, who will duly estimate the lights and shadows of < cases as they arise, and with careful hand adjust acknowledged principles to the case. It is peculiarly a branch of equity jurisprudence, where the conscience of the chancellor, enlightened and controlled by adjudicated…
2Cited by11 opinions
- Taylor's EstateSupreme Court of Pennsylvania · 1923
- In re Estate of SempleSupreme Court of Pennsylvania · 1899
- Clabby's EstateSupreme Court of Pennsylvania · 1940
- Denlinger EstateSupreme Court of Pennsylvania · 1972
- Martin's EstateSuperior Court of Pennsylvania · 1938
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