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· 5/13/1912

Skeer's Estate

Citations

  • 236 Pa. 404
  • 84 A. 787
  • 1912 Pa. LEXIS 765

Syllabus

<p>Executors and administrators — Failure to collect assets — Negligence — Surcharge.</p> <p>Where one member of a partnership consisting of two persons, dies at a> time when the firm had ceased to engage in active business, and the assets are being liquidated by a son of the other partner, and the executrix who was also the widow of the deceased partner, makes no attempt to collect the interest of her husband which amounted to over fifty thousand dollars, but gives a power of attorney to the son of the other partner who was also deceased, and upon the death of such son after four years, gives a power of attorney to another son of the other partner, under which he acts for five years, until the whole estate is lost by the embezzlement of the attorney, and it appears that the executrix from family and social considerations made no attempt to secure an accounting or a settlement from either of the brothers, although if she had acted promptly she could have saved the whole amount, she will be surcharged with the loss at the instance of the other parties interested in the estate.</p>

Judges: Elkin, Mestrezat, Moschzisker, Pottee, Potter, Stewart

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