Commonwealth v. Wenrick
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. The Commonwealth, for the use of William Rutherford and Wife, against Peter Wenrick’s Administrators.
Read the full summary
ERROR to the common pleas of Dauphin county. The Commonwealth, for the use of William Rutherford and Wife, against Peter Wenrick’s Administrators. John Hill, being the executor of John Wilson, deceased, an application was made to the orphans’ court in pursuance of the act of the 4th of April 1797, to compel him to give security; and he thereupon entered into a bond, in the penalty of 5000 dollars, with Peter Wenrick, the defendant’s intestate, as his security, for the faithful administration of the assets. This was an action of debt on that bond by a legatee under the "will of John Wilson,…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
In Commonwealth v. Evans, 1 Watts 437, it is decided that the non-payment of a debt by an administrator, is not such a breach of the condition of his administration bond as will enable the creditor to sue it and recover his debt, without a previous suit, charging the administrator with a devastavit. After the decision in Yard v. Lee’s Administrators, 3 Yeates 345, it has never been doubted that the bond is a security for creditors as well as legatees and the next of kin. In this case the bond is, in all respects, similar to a bond given by an…
2Cases cited4 opinions
- Robbins v. HaywardMassachusetts Supreme Judicial Court · 1820
- Commonwealth v. EvansSupreme Court of Pennsylvania · 1833
- North Whitehall v. South WhitehallSupreme Court of Pennsylvania · 1817
- Yard v. LeaSupreme Court of Pennsylvania · 1802
3Cited by7 opinions
- Barth v. GrafWisconsin Supreme Court · 1898
- White's Executors v. CommonwealthSupreme Court of Pennsylvania · 1861
- Boyd v. CommonwealthSupreme Court of Pennsylvania · 1860
- Metz v. PeopleColorado Court of Appeals · 1895
- Commonwealth ex rel. Raser v. RaserSupreme Court of Pennsylvania · 1870
2 more not listed; retrieve them via the Exa API.