Weld v. M'Clure
Supreme Court of Pennsylvania
ERROR to the special- court of common pleas of Clearfield county. John Weld, administrator de bonis non, with the will annexed, of John Wigley, deceased, against Wilson M’Clure and Thomas M’Clure, administrators of Thomas M’Clure, deceased. This was an action on the case to recover from the defendant’s intestate the balance which remained in his hands as the executor of John Wigley.
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ERROR to the special- court of common pleas of Clearfield county. John Weld, administrator de bonis non, with the will annexed, of John Wigley, deceased, against Wilson M’Clure and Thomas M’Clure, administrators of Thomas M’Clure, deceased. This was an action on the case to recover from the defendant’s intestate the balance which remained in his hands as the executor of John Wigley. The plaintiff gave in evidence the petition of Thomas M’Clure, praying to be permitted to resign his executorship of the estate of John Wigley, and the order of the court accepting his resignation. On the same day…
1Opinion of the Court
The opinion of the court was delivered by
Sergeant, J.
The incapacity under which an administrator de bonis non laboured, previous to the act of the 24th of February 1834, to recover the assets in the hands of the representatives of a prior executor or administrator who had died, arose from the want of title to the property of the decedent not remaining in specie. That reason does not apply in the case of a dismissed executor or administrator, because the 3d section of the act of the 4th of April 1797, expressly gives to the successor the administration of the unadministered part of the estate,…
2Cited by6 opinions
- Garman's EstateSupreme Court of Pennsylvania · 1905
- Hubbard v. UrtonU.S. Circuit Court for the District of Nevada · 1895
- Lea v. HopkinsSupreme Court of Pennsylvania · 1848
- In re Estate of BradleyPennsylvania Orphans' Court, Philadelphia County · 1873
- Ingraham v. Cox, Pennsylvania Court of Common Pleas, Philadelphia County1842
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