Irvine's Estate

Citations

• 203 Pa. 602
• 53 A. 502
• 1902 Pa. LEXIS 767

Syllabus

<p>Executors and administrators — Trusts and trustees — Neglect of duty— Surcharge.</p> <p>Where testator appoints three executors with directions to collect the assets of the estate, to keep such assets reinvested in good securities, to make necessary disbursements from time to time, and to sell a particular piece of real estate named, and the executors assume the trust, apportion the duties among themselves, but do not act independently, but consult together so that all are in a general way familiar with the conduct of the entire business of the estate, and have full opportunity to know the actions of the others, they will be jointly liable for depreciation of the real estate directed to be sold which they never looked after, and made no attempt to sell, and they will also be jointly liable for moneys which wore actually paid to the executors with which they have not charged themselves, or for moneys which they should have collected, but failed to collect.</p>