Scott's Estate
Supreme Court of Pennsylvania
APPEAL from the decree of the Orphans’ Court of Lancaster county in the matter of the administration account of Peter Kray-bill, executor of John Scott, deceased.
Read the full summary
APPEAL from the decree of the Orphans’ Court of Lancaster county in the matter of the administration account of Peter Kray-bill, executor of John Scott, deceased. On the 3d February 1820, John Scott made a will, by which, after directing the payment of his debts and certain legacies, and providing grave-stones for himself and mother, it was ordered that all “ the remainder of his real and personal estate be applied to the education of poor children of all denominations to read the bible the best of all books.” Peter Kraybill and another were appointed executors, with power “ to sell the real…
1Per curiam
It is not disputed that the fee paid to counsel was a reasonable and proper compensation; and the question is whether the executor or the charity shall bear the charge of it. An executor is bound to prove the will, and certainly not at his own expense. When he meets with obstruction, it is his duty to remove it if he can; and he is unfaithful when he omits to attempt it. A contest between ligitants for their individual interests, and not for the benefit of the estate, as was held in Koppenhœffer v. Isaacs, stands on different ground; but is this such a case ? The executor litigated not for…
2Cited by12 opinions
- Henderson v. SimmonsSupreme Court of Alabama · 1858
- Reimer's EstateSupreme Court of Pennsylvania · 1893
- Lotzgesell v. CydellWashington Supreme Court · 1911
- Bennett EstateSupreme Court of Pennsylvania · 1951
- Royer's AppealSupreme Court of Pennsylvania · 1850
7 more not listed; retrieve them via the Exa API.