Stough's Estate

Citations

• 196 Pa. 358
• 46 A. 512
• 1900 Pa. LEXIS 526

Syllabus

<p>Executors and administrators — Statute of limitations.</p> <p>The liability of an executor to pay a legacy is not grounded upon any lending or contract. He is a trustee who is charged by the will with the performance of the duty of paying legacies, and against that form of obligation the statute of limitations is no bar.</p> <p>Executors and administrators — Collection by executor of money charged on land — Construction of will — Statute of limitations.</p> <p>Where all the interested parties construe a will as imposing upon the executor the duty of collecting and disbursing certain money legacies to be paid by the^devisees of testator’s land, and the executor acting upon this interpretation of the will, collects the money and pays all the legacies, except one, the representative of the executor after his death will not be heard to claim that the executor acted merely as agent of the parties, and that the unpaid legacy is barred by the statute of limitations.</p>