Found inside – Page 23Pennsylvania. Legacies , not void in certain cases , 565 Legislature - Officers of , mode of paying , 589 Relative to expenses of , 593 See Senate and House ... Found inside – Page 212Pennsylvania. Supreme Court, Frederick Watts. The legacy pay[ Foulk v . Brown . ] Alexander and Carothers , for plaintiff in error . ... the letter or spirit of the Act of Assembly that he should have the right to appeal without paying costs : 8 S. & R. 402 ; Shelby v . ... It called upon the executor to account , which he did ; and the account itself certainly does not repel the presumption that the legatees were paid . Found inside – Page 443of administering the estate of the testator by the executor , according to the directions of the will , ought to be paid out of the estate . But it does not appear to me that the $ 600 claimed by the executor , and allowed him by the Orphans ' Court , as a ... Generally , I take it , that the ordinary costs and expenses incurred by him in either prosecuting or defending suit , as executor , for ... 443 OF PENNSYLVANIA . Found inside – Page 422Pennsylvania. Supreme Court. Opinion of the Court . [ 195 Pa . upon the executors in any event , at the time of the sale ... In the appellant's history of the case it is said the “ decedent's property consisted largely of real estate , there being some twenty or twenty - five separate properties . ... it would be necessary to know just what the respective interests were , how much had been paid to them , how much ... Found inside – Page 3489133 ( 1812 ) , Tilghman , not within the act of 1855 , and is binding C. J. , Yeates and Brackenridge , JJ . on the executor personally . ... The amount found The promise could not be in Y.'s hands was not sufficient to pay B.'s leg . claimed to have been made on account of assets acy in full . ... Held , yet paid B.'s legacy , but intended to do so ; that that , supposing the promise rested on this ground all B. had to ... Found inside – Page 53... of a person who inherits property from an estate that does not have a will, ... debts are paid first, so how much you owe other people at the time of ... Found inside – Page 697Ib . If the dead executor ' s estate were solvent his executor would be entitled to the investments , but if insolvent the trustee is ... the investments and apply the proceeds to the satisfaction of the debt , any balance being payable to the deceased executor ' s estate . Ib . Accounts ; Agency . - Moneys belonging to a principal do not cease to be his because they are paid to the administrator of his agent ; but if ... Found inside – Page 793Payment to one named as executor , before When the will has given an executor power to the will is probated and ... t . a . was appointed , he had the same power ex ASSETS OF ESTATE virtuti officii , as she would have had under the will to ... Found inside – Page 624Superior Ct . and concerns itself with the time of payment and the discretion which is conferred upon the executor . ... period when the executor was ready to pay the principal that thereupon it would revert to her estate , she would have said so ... Found inside – Page 293In the instant case the question was not whether any tax were owed on the estate property but rather , how much tax was owed . We do not believe that this distinction should produce a different result from that obtained in Husband's Estate ... The Commonwealth's position is that the executor should have paid a tax equal to ( 6 % ) percent of the estate and deferred payment of an additional amount , if ... Found inside – Page 553Vere , S. P. Money received by an executor , and not paid , is not ... some debts have preference and all others are paid pro rata , the difficulty would be ... Found inside – Page 814When the executor , administrator , guardian , or other accountant shall have fully paid and discharged the amount of such lien , the par . ties who have ... Found inside – Page 689Containing Cases Decided in the Courts of the Several Counties of the Commonwealth of Pennsylvania Pennsylvania. ... -A devastavit committed by an executor does not bar a recovery on a scire facias against the decedent's real estate . ... An execution against real estate seized as the property of a defendant administrator on a judgment for costs secured ... in the absence of any proceedings to have the orders discharging the executor and authorizing the payment of money into court ... Found inside – Page 472Pennsylvania. Supreme Court. [ Man v . Warner . ] order of the Orphans ' Court would accomplish . When exercised , the land ... Whether the debts are just or not must be left to the judgment of the executor before he makes a voluntary payment ... Found inside – Page 561Pennsylvania. Supreme Court. EXECUTION . 5 . Coin and bank - notes may be seized and levied on in payment of debts , except ... The payment of debts by an executor , out of his own money , does not extend their lien upon the real estate , or impair the right of the ... an order of sale , and makes sale , and the court refuse its confirmation and set it aside , it is not error to make the executor pay the costs . Found inside – Page 617Executors cannot be allowed commissions on debts uncollected nor on worthless claims included in the inventory ... due from himself , yet if he has faithfully paid such debt , he will receive half commissions for the responsibility of disbursing it . Stewart ' s Estate , i Lackawanna Jurist , 225 . 8 . Where - an executor is trustee also , larger commissions will be allowed him than would for the former position ... Found inside – Page 20With Notes of Judicial Decisions Pennsylvania ... to be paid to the use of the commonwealth , and all executors , and administrators , and their sureties ... Found inside – Page 991Mooney's Estate , 16 D. credit in the executor's administration account , R. 928 ( 1907 ) , Ashman , J .; s . c . ... But 544 ( 1907 ) , Lamorelle , J. credit for a final payment to counsel , made after the services had been performed and A ... 11971 ] lect to file an account after being cited to do so , an auditor is appointed to state the account , the See 2 A , 2414 . costs incident thereto , including counsel fees , must ... Found inside – Page 65Pennsylvania. Supreme Court. ( Bixler v . Blankenbiller . ) executor or administrator ; otherwise , in default thereof , the process issued was to abate . ... he shall refund the rateable part of such debt or demand , and of the costs and charges attending the recovery of the same . ... may fall where equity and justice would seem to require that they should , and to prevent them from being paid by the executor ... Found inside – Page 1082Pennsylvania. Dednctions by Section 16. The executor or administrator , or other administratori a executors from trustee , paying any legacy or share in the distribulegacies or shares ... or article , or so much thereoi as shall be necessary , shall be sold by such executor or administrator at public sale , after notice to such legatee , and the ... estate of such deredent , wherever situated , shall pass to persons or corporations who would have been taxable under this act if such decedent had ... Found inside – Page 320An executor is not entitled to a credit in his administration account for the ... for certain moneys paid for the grantor , who afterwards dies and makes ... Found inside – Page 435Executors , & c . , to give notice to cre . ditors , Executors to cause ... in a will , to executor , Surviving and acting executors to have the same power ... Found inside – Page 377That the executors 1772 . whole , or if before such day , then a pro- and ... or a proportionable part there to have paid the said rent or fee farms of ... Found inside – Page 435... satisfaction : Held , that the bond was not a payment pro tanto , so as to discharge the executors of A. This action being referred ... nor does it appear , that the executors of Callender had any notice of the bond , or that they had been applied to for the payment of any interest , after the sale to Bird . ... so much of the interest as the bond of Bird was given for , then we find , that there was due to the executors of Hamilton ... Callender . first place , to the 435 1789 ] 420 OF PENNSYLVANIA . Found inside – Page 513C. the intention of such contract : and the same being so made , shall be of the ... shall be paid by his executors or administrators , so far as they have ... Found inside – Page 25835 This would seem to mean that the executor or administrator would be protected in paying legacies but not if he paid ... It should be made clear that Section 49 ( b ) does not relieve an executor or administrator from liability if he pays claims or makes distribution without the filing of an ... No doubt much of the criticism is due to the verbose and apparently conflicting provisions in the various subdivisions of ... Found inside – Page 443But it does not appear to me that the $ 600 claimed by the executor ... Generally , I take it , that the ordinary costs and expenses incurred by him in ... Found inside – Page 468508 ] * The Insurance Company of Pennsylvania against HEWES and other executors of ANTHONY . Under the arbitration law of March 1810 , executors are entitled to an appeal without entering into a recognizance , paying costs , or making an affidavit . ... Executors and administrators shall have appeal as in other cases ; and in other cases , no costs are paid nor affidavit made , to ground an appeal . Found inside – Page 679The transfer tax proceedings and the executors ' accounting are conducted in the name of Jacob Fen , as attorney of report . ... the theory that as Doe did much of the work as a lawyer , Fen is to be considered as having received $ 3,000 and paid to Doe ... sign a receipt for $ 3,000 when in fact he only gets $ 1,000 , the remaining $ 2,000 being really retained by Doe ? ... 3 : According to the correct ethical standards , is it or is it not proper for an executor , who is a lawyer and who does ... Found inside – Page 208there be cause ; such court shall have power , if the facts of the case be ... where such parol contract shall have been so far executed that it would be ... Found inside – Page 2149The executor , or administrator , or other trustee , paying any legacy or share Ibid . ... specific legacy or article , or so much thereof as shall be necessary , shall be sold by such executor or administrator at public sale , after notice to such legatee ... Found inside – Page 567That within thirty days after the declaration of any When state tax dividend , by any company incorporated under the provisions of this to be paid into act ... Found inside – Page 571Together with the Constitution of the United States and of the State of Pennsylvania : Thoroughly Annotated by Notes ... Executors to take duplicate reor other trustee , paying any legacy or share ceipts — To forward one to auditor in the distribution of any estate subject to the general . ... such specific legacy sealed and countersigned by the auditor genor article , or so much thereof as shall be neces eral . Found inside – Page 429... which are not to be found ; what amount of debts were paid , and what amount of ... and much of the mismanagement may have originated with the executors ... Found inside – Page 157From and after the first day of May next all and every executor or ... shall have full power to sell , if necessary , so much of the said property as will ... Found inside – Page 134Where a trust is created by a will in the executor as such , and the executor is given a discretionary power to end the trust , and the ... If , however , one or more of my said grandchildren shall die without lawful issue , then the amount which would have been paid to his or their ... or so much thereof as shall remain in the hands of my executor , together with the unexpended income therefrom , to my son ... Found inside – Page 752survivor , it may sooner be paid without injury to his estate generally , and to ihe interests of ... the executor would not be liable to the legatee over . Found inside – Page 697Containing Cases Decided in the Courts of the Several Counties of the Commonwealth of Pennsylvania Pennsylvania. ... clearly ear - marked as such notwithstanding the fact that such moneys were paid into the hands of the deceased executor as a ... Ib . If the dead executor's estate were solvent his executor would be entitled to the investments , but if insolvent the ... and apply the proceeds to the satisfaction of the debt , any balance being payable to the deceased executor's estate . Found inside – Page 114And this does not interfere with the case of Musser v . Good . ( 1 ) That was an attempt to charge the administrator personally , with payment of costs ... Found inside – Page 309Being a Digest of All the Reported Decisions of the Supreme, Superior and County Courts for the Year James Monaghan ... Executors and Administrators Insurance on realty pending sale for Powers . payment of debts . ... ( Administhat executors would be able to unite trator ) . in awarding contract , dismissed petition Confession of judgment , striking off without prejudice to right of either to judgment . Found inside – Page 564William Rawle, Charles Bingham Penrose, Frederick Watts, Pennsylvania. Supreme Court ... He directed in the event of a sale , that after paying his debts , his wife should have “ the one - third of all money left . " He empowered his ... gave notice that she would not give up the land ; the executor , notwithstanding , sold . Found inside – Page 238Pennsylvania. Supreme Court. ( Gebhart v . Shindle . ) Dixie , Hardwicke's Cases 264 ; 1 Bl . Com . 443 ; Fenner v . ... He certainly would have been liable for costs ; for in the second count in the declaration , the plaintiffs have laid both the possession to have been in them , and the conversion in their own time , and in such case if the executor fails , he is ... So far as respected the costs , he would be interested ; to divest himself of this interest , he paid all the costs that had accrued , and ... Found inside – Page 422195 Pa . upon the executors in any event , at the time of the sale of any one or more portions of the real estate , in order to know just what ... at any time it would be necessary to know just what the respective interests were , how much had been paid to them , how much was owing ... But all these duties would necessarily have to be performed by the executors who alone were authorized to make the sales . Found inside – Page 106If he paid O'BRIAN them with his money , a recovery in this action will not make it ... which would shew that he was executor , and not administrator . Found inside – Page 339This is no more a change of the fund by operation of law , than would be the payment bond or other debt owed to the ... The obligation to receive payment from the government , and to release it from further payment of interest , was as much a contract on ... ground on which the executor of Ludlam is sought to be charged with the payment of this legacy , has certainly nothing to recommend in natural equity ... Found inside – Page 397Pennsylvania. Supreme Court, Solomon Foster (Jr.) INDEX . 397 . EVIDENCE- ( Continued ) . 7. Proof that a firm of which a ... had agreed to pay for services , and that the surviving partner had paid what they considered the services were worth , is ... Whenever it does not contradict the record , parol evidence may be given to show that a former recovery was had , not ... estate of a decedent does not bind the executor or administrator personally , although he may have omitted to plead . Found inside – Page 367William Rawle, Pennsylvania. ... against the personal representatives of such executor or administrator , and when recovered have paid the creditors , legatees , and distributees , the enactment of that statute would have been useless . Found inside – Page 529If judgment as aforesaid be entered for the plaintiff , for any sum or Costs at the for the value of any chattel bequeathed , the court ... Executors or administrators making distribution or paying or deliv- Ex'rs payering any legacies as aforesaid , shall not be ... If the real estate charged with such legacy shall be situate in another Where the county , and the party against whom such decree may have been made shall estate charged is fail to ... The case does not say when suit was brought . Found inside – Page 425Pennsylvania. Supreme Court, Solomon Foster (Jr.) EVIDENCE . - Continued . 7. Proof that a firm of which a decedent was ... had agreed to pay for services , and that the surviving partner had paid what they considered the services were worth , is ... Whenever it does not contradict the record , parol evidence may be given to show that a former recovery was had , not ... estate of a decedent does not bind the executor or administrator personally , although he may have omitted to plead . Found inside – Page 77Lewis Burd Walker, Pennsylvania. ... The practice in this court has always been , upon filing a bill of costs verified by affidavit to have execution for the ... The merits of the case do not require a decision of this point , for the real question in our view turns upon other points and ... verdict in a civil action until the successful party shall pay the four dollars required to be paid for the use of the county . ... Where the Executor does not collect a claim he is to be surcharged if it was collectable . 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