Estate of Cassel

Citations

• 180 Pa. 252
• 36 A. 744
• 1897 Pa. LEXIS 913

Syllabus

<p>Executors and administrators — Joint account — Mistake—Trustees.</p> <p>C. and K. were joint executors under a will which provided that one-half of the residue of the estate should go to C. as trustee for C.’s children, and the other half to K. as trustee for K.’s children. C. was the owner of land subject to a dower fund payable after the decease of testator to the testator’s heirs and legal representatives. By mistake this fund was included in the executors’ account, the money, however, represented by it was not in fact received by the executors, but remained in the hands of C. The fund was lost by C. after the account of the executors had been fully settled. Held, that C.’s children could not make K. account for the loss.</p>