Wilson v. Smith

Citations

• 126 F. 916
• 61 C.C.A. 446
• 1904 U.S. App. LEXIS 3775

Syllabus

<p>1. Executors — Legacies — Actions — Statutes — Construction — Foreign Assets</p> <p>Act Pa. Feb. 24, 1834, § 50 (P. L. 83), provides that a legatee may bring an action at law against executors having in their hands sufficient assets to pay the debts of the testator, and the legacies by him bequeathed, to recover the legacy; section 53 declares that in such action, upon a plea of want of sufficient assets, the action must be suspended until an account can be taken in the orphans’ court; and section 55 provides that, if it shall appear from the account that no assets are in the hands of the executor which ought to be applied to the payment of the legacy demanded, judgment of nonsuit shall be entered. Held, that such statute did not extend to foreign assets distributable under the laws of another state, and by the courts of that state.</p> <p>2. Same — Judgments—Res Judicata.</p> <p>Under Act Pa. Feb. 24, 1834, conferring on the orphans’ court jurisdiction in all cases for the recovery of legacies, and giving the court of common pleas concurrent jurisdiction, a judgment on the merits in a proceeding in the orphans’ court by a legatee to compel a foreign executor, to whom ancillary letters had been issued, to collect assets in Pennsylvania, to account therefor for the purpose of compelling payment of the legacy, dismissing the legatee’s application, was res judicata of his claim, and precluded the maintenance of a subsequent action in the Pennsylvania court of common pleas against the executor to recover the legacy.</p>