Mallalieu's Estate

Citations

• 42 Pa. Super. 101
• 1910 Pa. Super. LEXIS 295

Syllabus

<p>Contract — Consideration—Parties—Action.</p> <p>1. An agreement made by a mother and sole heir of a decedent to give a share of the decedent’s estate to an aunt of the latter, in consideration of the aunt’s brother joining the mother in the administration, helping her therein, and in certain incidental litigation, without any charge for his services, cannot be enforced by the aunt against the mother, inasmuch as the aunt was not a party either to the contract or to the consideration.</p> <p>2. No one can sue on a contract to which he is not a party.</p> <p>Executors and administrators — Contract xoith cestui que trust.</p> <p>3. Administration of a decedent's estate is strictly in trust and equity will not permit a person about to become an administrator to contract with the heir to the latter’s prejudice.</p>