Thomas v. Riegel
Supreme Court of Pennsylvania
Error to the Common Pleas of Northampton county. The action was debt against Matthias Riegel, Jacob Rothrock,. and Michael Smith, executors of Isaac Rothrock, deceased, upon a bon'd of the testator, dated November 27th, 1817,'for two hundred and- sixty-four dollars.
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Error to the Common Pleas of Northampton county. The action was debt against Matthias Riegel, Jacob Rothrock,. and Michael Smith, executors of Isaac Rothrock, deceased, upon a bon'd of the testator, dated November 27th, 1817,'for two hundred and- sixty-four dollars. The defendants pleaded a special plea, which- in substance amounted to this : that on the 18th of December, 182.1, Riegel and Smith filed an administration account in the register’s-office of Northampton county, exhibiting a balance due from-the estate-to-them-of eighty-nine dollars and seventy-five cents; and: that on the 24th of…
1Opinion of the Court
*281The opinion of the court was delivered by
Kennedy, J.
The principal, and indeed as it appears to me the only question worthy of consideration in this case, is, whether executors who have appropriated the assets of the estate to the payment of legacies instead of the debts of the testator, and upon settling their administration account afterwards in the Orphans’ Court have obtained a discharge from their executorship, remain liable notwithstanding, to the creditors for the assets so applied to the payment of the legacies.
It is proper to bear in mind that the discharge of the executors in this…
2Cases cited3 opinions
- Coleman v. HallMassachusetts Supreme Judicial Court · 1815
- Jewett v. JewettMassachusetts Supreme Judicial Court · 1809
- Vertner v. McMurranMississippi Chancery Courts · 1844
3Cited by6 opinions
- United States of America Ex Rel. Otis Williams and A. D. Clark, Petitioners v. Gayle M. Franzen and Tyrone C. FahnerCourt of Appeals for the Seventh Circuit · 1982
- Jones's AppealsSupreme Court of Pennsylvania · 1882
- Carter v. TruemanSupreme Court of Pennsylvania · 1847
- Economy Building & Loan Ass'n v. Paris Ice Manufacturing Co.Court of Appeals of Kentucky · 1902
- Succession of Hoover v. YorkSupreme Court of Louisiana · 1878
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