Carter v. Trueman
Supreme Court of Pennsylvania
In error from the District Court of Philadelphia. Jan. 24 — 26. This was an action of debt by Trueman, administrator de bonis non of Isaac Trueman, against Carter, administrator of Elizabeth Trueman, to recover money received by Elizabeth, as administrator of Isaac Trueman.
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In error from the District Court of Philadelphia. Jan. 24 — 26. This was an action of debt by Trueman, administrator de bonis non of Isaac Trueman, against Carter, administrator of Elizabeth Trueman, to recover money received by Elizabeth, as administrator of Isaac Trueman. The first count was for the balance of an administration account settled in the Orphans’ Court in 1828; the second was in debt generally for money received as administratrix, being proceeds of real estate. The defendant pleaded an administration and distribution of the fund, (being the surplus proceeds of real estate of…
1Opinion of the CourtBell, J.
It is certain that prior to the enactment of the thirty-first section of the act of 24th February, 1834, (Purd. 477,) this action by the administrator de bonis non, &c., of Isaac Trueman, deceased, could not have been sustained against the estate of the first administratrix, under the circumstances that have place here. As the law stood before that statute, actions to recover the balance appearing to be due upon the face of the administration account settled by Elizabeth Trueman, could only have been maintained by the creditors, or next of kin of the original intestate; and this, whether the…
2Cases cited16 opinions
- Potts ex rel. Wollerton v. SmithSupreme Court of Pennsylvania · 1832
- Earnest v. EarnestSupreme Court of Pennsylvania · 1835
- Commonwealth v. PoolSupreme Court of Pennsylvania · 1837
- Jackson ex dem. Bradt v. BrooksNew York Supreme Court · 1832
- Drenkle v. SharmanSupreme Court of Pennsylvania · 1840
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3Cited by5 opinions
- Heft v. OgleSupreme Court of Pennsylvania · 1889
- Garman's EstateSupreme Court of Pennsylvania · 1905
- Brant v. DennisonSupreme Court of Pennsylvania · 1885
- Hill's EstateSuperior Court of Pennsylvania · 1907
- Vogest's EstatePennsylvania Orphans' Court, Philadelphia County · 1937