Ritter's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Bucks county. In the account of the administrators with the will annexed of Catharine Ritter, deceased, credit was claimed for $348, paid to Abraham Klinker, for boarding Catharine Ritter from March, 1833, till April, 1840, with the exception of about one year during that period, when she boarded elsewhere.
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Appeal from the decree of the Orphans’ Court of Bucks county. In the account of the administrators with the will annexed of Catharine Ritter, deceased, credit was claimed for $348, paid to Abraham Klinker, for boarding Catharine Ritter from March, 1833, till April, 1840, with the exception of about one year during that period, when she boarded elsewhere. The receipt of Klinker for the amount in question was dated June 21,1852. This credit was excepted to on the part of P. Ritter, a legatee, on the ground that the claim wh'en paid was barred by the statute. The auditor appointed disallowed the…
1Opinion of the Court
The opinion of the Court was delivered, by
Lewis, J. — The authorities are numerous to the point that an administrator is not bound to plead the statute of limitations against a debt which he believes to be justly due. It is a matter within his discretion. He is the personal representative of the intestate, and is a trustee for the creditors and distributees. In that capacity he is bound to exercise good faith: 1 Bin. 212; 1 Ashmead 355; 1 Whart. 71; 4 Barr 149; 2 Jones 67; 3 Barr 178; 5 Penn. L. J. 269. But the parties beneficially interested in the estate have also rights which have been…
2Cases cited2 opinions
- Fritz v. ThomasSupreme Court of Pennsylvania · 1836
- Smith v. PorterSupreme Court of Pennsylvania · 1807
3Cited by2 opinions
- Estate of Charles B. Wolf, Charles S. Wold, Frances G. Wolf, Executors v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1959
- Yocum's EstateSupreme Court of Pennsylvania · 1913