Dietrich's Appeal
Supreme Court of Pennsylvania
APPEAL by Adam Dietrich, administrator of Henry Dietrich deceased, who was administrator pendente lite of Philip Dietrich deceased. Philip Dietrich made a will devising his real estate, the validity of which was contested in a feigned issue. During the pendency of this issue, letters of administration were granted to Henry Dietrich, who attended and paid the expenses and counsel fees.
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APPEAL by Adam Dietrich, administrator of Henry Dietrich deceased, who was administrator pendente lite of Philip Dietrich deceased. Philip Dietrich made a will devising his real estate, the validity of which was contested in a feigned issue. During the pendency of this issue, letters of administration were granted to Henry Dietrich, who attended and paid the expenses and counsel fees. After his death, letters of administration on his estate, issued to Adam Dietrich, who filed an account in the orphan’s court, and prayed credits for these expenses and fees, to an amount exceeding 3000 dollars;…
1Per curiam
An administrator pendente lite has nothing to do, as such, with the contest for the establishment of the will, and cannot charge the expenses of it in his account; more especially he cannot pay his own counsel out of the estate, for services in a contest, whose consequences may affect the title to his land. The parties to such a contest must pay their expenses out of their own pockets, instead of carrying it on at the cost of another. But from the sum on which the administrator was charged with interest here, must be deducted the price of the goods, and the cash on hand, in all 400 dollars,…
2Cited by3 opinions
- Henderson v. SimmonsSupreme Court of Alabama · 1858
- Yerkes's AppealSupreme Court of Pennsylvania · 1882
- Garrison's AppealSupreme Court of Pennsylvania · 1859