Strouse's Estate

Citations

• 61 Pa. Super. 510
• 1915 Pa. Super. LEXIS 361

Syllabus

<p>Wills — Mother and son — Accounting for trust moneys — Executors and administrators.</p> <p>Where a testatrix bequeaths the residue of her estate to a son and daughter, but provides that the son “shall give my executors an accounting satisfactory to my said executors and all property of mine which, ever came into his hands, and if such satisfactory account is not given,” then the whole residue is to go to the daughter, and it appears that the son had settled with his mother in her lifetime for her moneys which he had in his possession, paying mostly in cash but the balance in a note, less than his share of the residuary estate, the executor cannot object to the son sharing in the residuary, because the son had not made a satisfactory accounting of what he did with the money represented by the note. In such a case the son’s relation with his mother after the settlement was that of debtor and creditor and not trustee and cestui que trust, and it is .immaterial what he had done with the money for which the mother accepted the note.</p>