Drysdale's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphan’s Court of Philadelphia county, by William Drysdale. Alexander Turnbull, senior, was the owner of eleven tracts of unseated land in Luzerne county, Pennsylvania, upon which, in May, 1826, he went to reside. He had little personal property, and at the time of his death in July, 1826, he had no money. He died intestate. He left a widow and four children, viz. James, Alexander, Margaret, and Jane the wife of William Drysdale, the appellant.
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Appeal from the decree of the Orphan’s Court of Philadelphia county, by William Drysdale. Alexander Turnbull, senior, was the owner of eleven tracts of unseated land in Luzerne county, Pennsylvania, upon which, in May, 1826, he went to reside. He had little personal property, and at the time of his death in July, 1826, he had no money. He died intestate. He left a widow and four children, viz. James, Alexander, Margaret, and Jane the wife of William Drysdale, the appellant. James and Alexander had been in partnership in Philadelphia as grocers, and in the spring of 1823, were insolvent. Their…
1Opinion of the Court
The opinion of the court was delivered by
Rogers, J.
— That the administrator is chargeable in account with the value of the lands purchased at the sheriff’s sale, is a question devoid of difficulty. The administrator, through the medium of the attorney of the estate, purchased the property at the sheriff’s sale, as a trustee, for the benefit of the heirs. This is the legal implication arising from the whole transaction. It was paid for with their money, the purchase-money being liquidated by a receipt given to the sheriff on account of the judgment, and no money paid by the administrator out…
2Cases cited4 opinions
- Leisenring v. BlackSupreme Court of Pennsylvania · 1836
- Swartswalter's AccountSupreme Court of Pennsylvania · 1835
- Campbell v. Pennsylvania Life InsuranceSupreme Court of Pennsylvania · 1837
- Pratt v. CrockerNew York Supreme Court · 1819
3Cited by5 opinions
- First Federal Savings & Loan Ass'n of Carnegie v. KeislingSuperior Court of Pennsylvania · 2000
- Estate of LightPennsylvania Orphans' Court, Lebanon County · 1890
- Western Flour Co. v. AlosiSuperior Court of Pennsylvania · 1970
- Wilson v. SmithU.S. Circuit Court for the District of Eastern Pennsylvania · 1902
- FIRST FEDERAL SAV. & LOAN ASS'N v. KeislingSuperior Court of Pennsylvania · 2000