Baily's Estate
Supreme Court of Pennsylvania
Appeal, No. 184, Jan. T., 1893, by Elizabeth Jackson, legatee, from decree of O. C. Chester Co., dismissing exceptions to adjudication in estate of Richard B. Baily, deceased. Exceptions to report of auditor on exceptions and distribution, in decedent’s estate. Before Hemphill, J. From the report of the auditor, H. H. Gilkyson, Esq., it appeared that Richard B. Baily gave by his will $4,000, to Francis Worth.
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Appeal, No. 184, Jan. T., 1893, by Elizabeth Jackson, legatee, from decree of O. C. Chester Co., dismissing exceptions to adjudication in estate of Richard B. Baily, deceased. Exceptions to report of auditor on exceptions and distribution, in decedent’s estate. Before Hemphill, J. From the report of the auditor, H. H. Gilkyson, Esq., it appeared that Richard B. Baily gave by his will $4,000, to Francis Worth. At the time of his death, testator and Francis Worth were sureties upon the bond of Ebenozer Worth, guardian of Jesse Anna Phipps et al. After the will was probated Francis Worth offered…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
Richard B. Baily and Francis Worth were co-sureties jointly and severally liable for the default0of their principal, and in their relation to each other each was a principal for one half the amount recoverable for such default, and a surety for one half of it. If either was compelled to pay the whole amount, *641his rights and remedies against his co-surety for the half were the same as against their principal for the whole : Croft v. Moore, 9 Watts, 451; Mosier’s Appeal, 56 Pa. 76 ; Hess’s Estate, 69 Pa. 272, and Wright v. Grover and Baker S. M. Co., to use of…
2Cases cited7 opinions
- Croft v. MooreSupreme Court of Pennsylvania · 1840
- Mosier's AppealSupreme Court of Pennsylvania · 1868
- Wright v. Grover & Baker S. M. Co.Supreme Court of Pennsylvania · 1876
- Beaver v. BeaverSupreme Court of Pennsylvania · 1854
- Hess's EstateSupreme Court of Pennsylvania · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Keystone Bank v. Flooring Specialists, Inc.Supreme Court of Pennsylvania · 1986
- Chase Nat. Bank of City of New York v. SaylesDistrict Court, D. Rhode Island · 1927
- Commonwealth Ex Rel. Schnader v. National Surety Co.Supreme Court of Pennsylvania · 1944
- Hoff v. KauffmanSupreme Court of Pennsylvania · 1925
- In re the Estate of ShanaburghNew York Surrogate's Court · 1935
4 more not listed; retrieve them via the Exa API.