Case of Torr's Estate
Supreme Court of Pennsylvania
This case came before the court on an appeal from a decree of the Orphans’ Court of the city and county of Philadelphia. On the 19th of November, 1824, auditors were appointed by the Orphans’ Court to settle and report upon the accounts of Margaret Montgomery, late Torr, and John Torr, Administrators of Josiah Torr, deceased.
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This case came before the court on an appeal from a decree of the Orphans’ Court of the city and county of Philadelphia. On the 19th of November, 1824, auditors were appointed by the Orphans’ Court to settle and report upon the accounts of Margaret Montgomery, late Torr, and John Torr, Administrators of Josiah Torr, deceased. They reported, that the balance in the hands of the administrators for distribution at the time of filing their accounts, was one thousand two hundred and thirty-eight dollars and forty cents. On the 20th of January, 1826, auditors were appointed to distribute the amount…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
— This case comes before us on the report of auditors, appointed to average the debts due by an insolvent estate, the administrators claiming to be substituted for the ground landlord, *252whom they have paid, on the foot of a covenant by the intestate; and for creditors secured by bond and mortgage, whom they have also paid. As guardians of the children, they have received from the profits of the real estate, enough to discharge these incumbrances; and the question is, whether they are to be reimbursed out of these profits, or out of the…
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