Geddis v. Irvine
Supreme Court of Pennsylvania
In error from the Common Pleas of Lebanon. June 21. The plaintiff, as administrator de bonis non, declared in assumpsit against W. and J. Greddis, executors of Geddis, setting out the will of the defendants’ testator, wherein he directed his executors to sell and convey his land, but not to sacrifice it by too hasty a sale; one-third of the purchase-money to remain secured by mortgage, the interest whereof ivas to be paid to his widow, the plaintiff’s intestate, or his…
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In error from the Common Pleas of Lebanon. June 21. The plaintiff, as administrator de bonis non, declared in assumpsit against W. and J. Greddis, executors of Geddis, setting out the will of the defendants’ testator, wherein he directed his executors to sell and convey his land, but not to sacrifice it by too hasty a sale; one-third of the purchase-money to remain secured by mortgage, the interest whereof ivas to be paid to his widow, the plaintiff’s intestate, or his executors, for her use. When the land was sold, one-half of the purchase-money was to be paid in hand, and the remainder of…
1Opinion of the CourtBell, J.
Though the plaintiff counts against the defendants as executors, the action is in fact only sustainable against them as trustees ratione officii, under the will of the testator, to recover moneys received by them in that capacity; Case of Eliz. Baird, 1 Watts & Serg. 290; Inne’s Estate, 4 Whart. 183; Commonwealth v. Barnitz, 9 Watts, 255. The plaintiff’s claim does not spring from any demand his intestate had against the testator in his lifetime, but is grounded on the allegation that the defendants, in the execution of a trust created by the will of Robert Geddis, deceased, received moneys,…
2Cases cited7 opinions
- App v. DreisbachSupreme Court of Pennsylvania · 1830
- Morrow ex rel. Isett v. BrenizerSupreme Court of Pennsylvania · 1828
- Wilson v. WilsonSupreme Court of Pennsylvania · 1811
- Innes's EstateSupreme Court of Pennsylvania · 1839
- Case of BairdSupreme Court of Pennsylvania · 1841
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Chandler v. WoelpperSupreme Court of Pennsylvania · 1889