Kauffeld's Estate

Citations

• 28 Pa. Super. 162
• 1905 Pa. Super. LEXIS 158

Syllabus

<p>Executors and trustees — Surcharge-—Negligence—Collection of judgment — • Advice of counsel.</p> <p>A trust company which is an executor of an estate will be surcharged the amount of a judgment for gross negligence in failing to collect it, where it appears that at the time of the death of the decedent the judgment was collectable, that after receiving a naked statement of its own attorney that the attorney for the defendant in the judgment had said there was nothing due upon it, the accountant rested supinely without making the slightest effort to ascertain the truth of the report of its attorney, and without attempting to collect the judgment, and the judgment was consequently lost. In such a case the statement made by the attorney was not advice of counsel, and could not be relied upon as such.</p> <p>An executor or administrator who is guilty of gross negligence in the collection of the debts due to the estate, is personally liable for them, if lost through his delay in enforcing payment.</p>