Royer's Executors v. Meixel
Supreme Court of Pennsylvania
Error to the Common Pleas of Union county. This was an amicable action, in which George Meixel, committee of George Royer, was plaintiff, and the executors of the will of John Royer, deceased, were defendants. The question involved was as to the right of the plaintiff, as committee of George Royer, a lunatic, to recover, for the use of the lunatic, certain money received by the executors.
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Error to the Common Pleas of Union county. This was an amicable action, in which George Meixel, committee of George Royer, was plaintiff, and the executors of the will of John Royer, deceased, were defendants. The question involved was as to the right of the plaintiff, as committee of George Royer, a lunatic, to recover, for the use of the lunatic, certain money received by the executors. The case arose under the will of John Royer, father of George Royer, made 18th May, 1844, which contained provisions as hereafter stated. After making provision for his wife and the sale of the real estate,…
1Opinion of the Court
The opinion of the Court, filed was delivered by
Woodward, J.
In Wilson’s case, 2 Barr 326, the devise of the lunatic’s share was to the executors “ in trust, to invest and apply the income to his maintenance, with authority, at discretion, to pay him part or the whole of the principal.” The Court held that the executors were trustees, and that a committee subsequently appointed could not take the estate out of their hands. But here the devise was to George, and not to the executors in trust for him. They were to take his share into their care for a specific purpose — “so that he cannot dispose…
2Cited by3 opinions
- Partridge's EstateSupreme Court of Pennsylvania · 1913
- Kipp's EstateSupreme Court of Pennsylvania · 1926
- Elliott EstateSupreme Court of Pennsylvania · 1957