Myers v. Bryson

Citations

• 158 Pa. 246
• 27 A. 986
• 1893 Pa. LEXIS 1573

Syllabus

<p>Equity — Jurisdiction—Practice—Account—Trust.</p> <p>A bill in equity for an account “ in order that a final settlement of said estate may be made, and your orators receive whatever they may be entitled to of the same,” and for further relief, is substantially a bill for a termination of the trust, settlement and distribution, and not merely for an account as a basis for future settlement.</p> <p>Even if the first prayer had been wanting, a court of equity having taken jurisdiction of the case, and finding it ready for final adjudication, would ordinarily go on under the prayer for further relief, and make an end of the litigation.</p> <p>Decedents' estates — Equity —Parties—Amendment—Refunding bonds— Practice — Distribution—Family setilement-^-Rent — Costs.</p> <p>The widow and the five children of a decedent agreed in writing that letters of administration should not be taken out, but that the two sons of decedent should act “ as agents for the estate,” and conduct the business of decedent “as if it were their own, advising and consulting with the family in regard to matters of importance.” The sons were “ to account to the family once every six months, showing the debts, accounts, etc., of said business.” The sons accepted the trust and conducted the business, using, as their father had done, a portion of the building which the family used as a dwelling house. Six years afterwards the widow and mother died intestate and apparently without debts; no letters of administration were taken out on her estate, and the sons continued the business as before. They however never stated or rendered an account to their sisters. One of the daughters married, but the other two sisters lived with their brothers in the mansion house. ' Subsequently the married sister filed a bill against the brothers for an account, joining as defendants the other sisters who had refused to unite with her as plaintiffs. There was no demurrer to the failure to join the representative of the wid