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· 5/13/1912

Murphy v. Gordon

Citations

  • 236 Pa. 504
  • 84 A. 964
  • 1912 Pa. LEXIS 787

Syllabus

<p>Trusts and trustees — Resulting trust — Judgment — Executors and administrators.</p> <p>Where an administrator uses moneys alleged to belong to the estate of which he is administrator in building a house upon land owned by himself, and subsequently in settling with one of the distributees, gives her a judgment for a balance due, and the judgment is entered up, and becomes a liten upon the administrator’s land, junior to other liens, such distributee cannot claim in a distribution of the proceeds of the sheriff’s sale of the land, that she is entitled to priority over the other lien creditors because of a trust resulting in her favor from the misappropriation of the trust funds by the administrator, where she does not even show that any moneys specifically belonging to her had been used by the administrator at the time that he paid for the labor and materials used in building the house.</p>

Judges: Brown, Elkin, Mestrezat, Moschzisker, Potter

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