Hoffman's Estate
Superior Court of Pennsylvania
Appeal, No. 93, Oct. T., 1901, by Commonwealth Title Insurance & Trust Company, Trustee under the will of Jacob Hoffman, deceased, from decree of O. C. Phila. Co., July T., 1899, No. 259, dismissing exceptions to adjudication in the Estate of Jacob Hoffman, Deceased. Exceptions to adjudication.
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Appeal, No. 93, Oct. T., 1901, by Commonwealth Title Insurance & Trust Company, Trustee under the will of Jacob Hoffman, deceased, from decree of O. C. Phila. Co., July T., 1899, No. 259, dismissing exceptions to adjudication in the Estate of Jacob Hoffman, Deceased. Exceptions to adjudication. From the record it appeared that testator gave to the Commonwealth Title Insurance & Trust Company, 112,000, under a spendthrift trust, to pay the income to his son, Horace M. Hoffman, with remainder to the latter’s children. The son instituted the contest against the will, which the trustee…
1Opinion of the Court
Opinion bv
W. D. Porter, J.,
It is well settled that an executor is not bound to defend his testator’s will, but if he undertakes to do so it must be as the agent and in the interest of those benefited by his action, and he cannot charge the expenses of a contest to the estate he represents, unless the latter is benefited by the proceeding: Yerkes’s Appeal, 99 Pa. 401; Titlow’s Estate, 163 Pa. 35. The expenses of trying an issue devisavit vel non must be borne by those for whose benefit it is carried on: Geddis’s Appeal, 9 Watts,. 284; Scott’s Estate, 9 W. & S. 98; Royer’s Appeal, 13 Pa. 569.…
2Cases cited4 opinions
- Yerkes's AppealSupreme Court of Pennsylvania · 1882
- Royer's AppealSupreme Court of Pennsylvania · 1850
- Scott's EstateSupreme Court of Pennsylvania · 1845
- Titlow's EstateSupreme Court of Pennsylvania · 1894
3Cited by6 opinions
- Lowe's EstateSupreme Court of Pennsylvania · 1937
- Fetter's EstateSuperior Court of Pennsylvania · 1942
- Foster's EstateSuperior Court of Pennsylvania · 1916
- In Re Estate of FisherSupreme Court of Pennsylvania · 1975
- Dickinson's EstatePennsylvania Orphans' Court, Philadelphia County · 1926
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