Appeal of Breckenridge

Citations

• 127 Pa. 81
• 24 W.N.C. 105
• 17 A. 874
• 1889 Pa. LEXIS 1084

Syllabus

<p>[To be reported.]</p> <p>1. Where the administrators of an insolvent estate collected a sum due their decedent on an account open at his death, but paid it directly upon the claim of a creditor of the estate, they are properly surcharged with the amount thereof on the adjudication of their accounts.</p> <p>2. In such ease, however, the accountants are entitled to be subrogated to the rights of the creditor, so paid, in the dividend awarded to the latter’s claim against the estate, to an amount not exceeding the amount of the surcharge.</p> <p>8. A claim to the amount of such surcharge, set up by one alleging himself to have been a partner with the decedent in the transaction out of which it arose, was properly disallowed in this case, the evidence being insufficient to establish the alleged partnership.</p>