De Haven v. Williams
| Decision Date | 07 February 1876 |
| Citation | 80 Pa. 480 |
| Parties | De Haven <I>et al. versus</I> Williams <I>et al.,</I> Executors of Williams. |
| Court | Pennsylvania Supreme Court |
Before AGNEW, C. J., SHARSWOOD, MERCUR, GORDON, PAXSON and WOODWARD, JJ.
Error to the District Court of Philadelphia: To January Term 1874, No. 256.
COPYRIGHT MATERIAL OMITTED
E. G. Platt and S. Dickson, for plaintiffs in error.—Joint executors are possessed of the estate each as of the entirety, and consequently the act of each is the act of all: Bac. Abr. "Exrs. and Admrs.," D., 1 Godolph. 134; Williams on Executors 245, 946; Toller 37; Smith v. Everett, 27 Beavan 447. One executor can compromise any claim which the estate may hold against any one, even though the other dissent: Murray v. Blatchford, 1 Wend. 583; Herbert v. Pigott, 2 Cr. & M. 384.
J. W. Hunsicker, for defendants in error.—If co-executors are trustees all must unite in executing the trust: Sinclair v. Jackson, 8 Cowen 543; Vandever's Appeal, 8 W. & S. 405. Co-executors after the collection of the assets of the testator by them jointly and held in their joint names are trustees, and all must unite in executing the trust: Beltzhoover v. Darragh, 16 S. & R. 329; Turner v. Hardey, 9 M. & W. 770; Smith v. Whiting, 9 Mass. 334; Hertell v. Bogart, 9 Paige 52; Ellwell v. Quash, 1 Strange 20; James v. Huckley, 16 Johns. 277; Hall v. Boyd, 6 Barr 267.
Judgment was entered in the Supreme Court, February 7th 1876, PER CURIAM.
The well-considered opinion of Judge Hare sufficiently vindicates his ruling. For the reasons given by him the judgment is affirmed.
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