Furst v. Armstrong

Citations

• 202 Pa. 348
• 51 A. 996
• 1902 Pa. LEXIS 520

Syllabus

<p>Will — Executors and administrator — Direction as to carrying on business.</p> <p>A testator may by his will empower his executor to carry on the business in which he is engaged at the time of his death, and when he does so he subjects the assets of his estate to debts contracted for that purpose. Whether liability for the trade debts of an executor extends to the entire estate, oris limited to a specific fund depends upon the authority conferred upon the executor by the will.</p> <p>A testator who was the owner of various pieces of real estate and was engaged in managing that, and in manufacturing and in other business, directed in his will as follows: “ And I give to my said executor full power to conduct for such time as she may see At, the business in which I may be engaged at the time of my death.” The executrix assumed charge of all the testator’s interests, and carried on the various branches of the business, paying off all of the indebtedness which the testator owed at the time of his death, but incurring new debts in the course of the business. Held, (1) that the executrix had authority not only to carry on the business of manufacturing, but also had the power to engage in farming and store-keeping and renting the testator’s tenement houses as he had done prior to his death; (2) that the executrix in the absence of any provision in the will to the contrary could subject the general assets of the estate to liability for the trade debts contracted by her, and was not limited to the capital invested in the business at testator’s death; (3) that the widow of the testator who had not elected to take against the will, took under the will and her share was liable with the other assets for the trade debts.</p>