Musser v. Oliver
Supreme Court of Pennsylvania
Error to tbe Common Pleas of Cumberland county. This was an action on tbe administration bond of George and Jacob Moltz, administrators of tbe estate of Jacob Moltz, deceased, and was brought in the name of tbe Commonwealth of Pennsylvania, for tbe use of John S. Oliver and Barbara bis wife, against John N. Musser, administrator de bonis non of George Rupley, deceased, a co-obligor and surety in the said administration bond.
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Error to tbe Common Pleas of Cumberland county. This was an action on tbe administration bond of George and Jacob Moltz, administrators of tbe estate of Jacob Moltz, deceased, and was brought in the name of tbe Commonwealth of Pennsylvania, for tbe use of John S. Oliver and Barbara bis wife, against John N. Musser, administrator de bonis non of George Rupley, deceased, a co-obligor and surety in the said administration bond. The plea was “Performance of the conditions of the bond,” &c. A verdict was rendered under the direction of the Court, for the plaintiff* for $2885.61. Jacob Moltz, the…
1Opinion of the Court
The opinion of the Court, filed was delivered by
Knox, J.
— The decree of the Orphans’ Court is conclusive against the estate of Jacob Moltz. The question to be determined in this case is as to the personal liability of his administrators to pay the money found by the decree to be due to Oliver and wife.
The general rule is, that where administrators have assets in their hands sufficient to pay the debts of the decedent, they are personally responsible for the faithful application of such assets.
It is admitted that the sum distributed to the heirs of Jacob Moltz by the administrators, was…
2Cited by1 opinion
- Sensinger v. BoyerSupreme Court of Pennsylvania · 1893