Weekly notes of cases argued and determined in the Supreme Court of Pennsylvania, the County courts of Philadelphia, and the United States District ... Eastern district of Pennsylvania Volume 26 - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 Excerpt: ...is no reason to doubt the assertion, that she had no knowledge whatever of these proceedings; and though the distributees, or some of them, were aware that she claimed to be a creditor, they withheld the fact from the Auditing Judge and the accountant, and permitted the entire estate, after the payment of the few debts which were proved or admitted, to be distributed among themselves. This was a legal, if not an actual fraud. It was said in Pry's Appeal (8 Watts, 255), "So long as the Act of Assembly was in force, prescribing a certain order in which the debts of a deceased debtor should be paid by their representatives, it was never made a question by the Orphans' Court, in the settlement of estates apparently solvent, or not represented by the executors or administrators as insolvent, whether the assets had been applied to the discharge of debts in the order prescribed or not; the Court, upon being satisfied that the debt mentioned existed, and was paid, was bound to allow the credit therefor in the account, and accordingly did so; yet, if in fact the estate was insolvent, and the executors or administrators having notice of a debt of superior grade, applied all the assets of the estate to the discharge of debts of inferior grade, they committed a devastavit in doing so, and rendered themselves liable personally, as also their estates, to pay the debt, of superior grade; notwithstanding they might, in the meantime, have settled their administration account in the Orphans' Court, and have obtained credit for disbursing the whole amount of assets, which came to their hands in the manner therein.set forth. It was never held, or even said, that I know of, that the confirmation of the account, in such case, by the Orphans' Court, would protect or shield t...
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