Wehrle's Estate

Citations

• 205 Pa. 62
• 54 A. 511
• 1903 Pa. LEXIS 516

Syllabus

<p>Executors and administrators — Distribution—Release—Laches.</p> <p>Where one of two executors voluntarily pays to a legatee a sum of money, taking from the legatee a release of her interest, and thereafter gives to the coexecutor a receipt and release for his own share of the estate, and for all other accounts, claims or demands whatever in connection with the same, and subsequently the legatee repudiates her release, and secures an order compelling the coexecutor as acting executor, to pay her the full amount of her interest, and the other executor acquiesces in the legatee’s claim, the latter executor cannot forty years after the death of the testator, and after the death of the coexecutor claim to recover from the latter’s estate, the sum of money which he had paid to the legatee. He is estopped by his release, by the statute of limitations, by gross laches, and by acquiescence in the legatee’s claim.</p>