Commonwealth ex rel. Myers v. Fretz
Supreme Court of Pennsylvania
In error from the Common Pleas of Bucks county. Dec. 29. This was an action against one of the sureties of Joseph Myers and A. Stoever, administrators of John Myers deceased, on tbe official bond, dated in 1823, brought to the use of his widow and children, to the use of plaintiff, who was one of the-children. In 1826, a settlement of the .estate by the administrators had been confirmed in the Orphans’ Court.
Read the full summary
In error from the Common Pleas of Bucks county. Dec. 29. This was an action against one of the sureties of Joseph Myers and A. Stoever, administrators of John Myers deceased, on tbe official bond, dated in 1823, brought to the use of his widow and children, to the use of plaintiff, who was one of the-children. In 1826, a settlement of the .estate by the administrators had been confirmed in the Orphans’ Court. In 1837, a petition was presented by the plaintiff in this case, setting forth that an uncollected debt due the estate had not been included in the inventory, and praying the accounts…
1Opinion of the CourtRogers, J.
The non-payment of a debt by an administrator is not such a breach of the condition of his administration bond, as will enable the creditor to sue and recover his debt without a previous suit, fixing the administrator with a devastavit.
This principle is ruled in The Commonwealth v. Evans, 1 Watts, 437; recognised in the case of The Commonwealth v. Wenrick, 8 Watts, 160. The first was the case of a creditor, the last of a legatee; but this principle is equally applicable to heirs as distributees. The same reason applies to all, viz.: That the liability of the surety is contingent and not…
2Cases cited1 opinion
- Commonwealth v. EvansSupreme Court of Pennsylvania · 1833
3Cited by2 opinions
- Milici v. Workers' Compensation Appeal BoardCommonwealth Court of Pennsylvania · 2001
- Commonwealth ex rel. McDonald v. McDonaldSupreme Court of Pennsylvania · 1895