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3 Walker 497

Anderson's Appeal

Supreme Court of Pennsylvania

Decided March 15, 1849

Supreme Court of Pennsylvania · decided 1849-03-15

John Anderson,: the appellant, and Robert Anderson, the appellee, sons of the decedent-, administered to her estate. They filed an inventory, .sold the real estate and then settled an account that was confirmed b}*- the Court. Robert having settled no account, John on the 15 th May, 1847, petitioned the Orphans’ Court for a citation to compel him to do so. A citation was issued on the 4th January following.

Decided 1849-03-15

¶1The Supreme Court affirmed the decree of the Court below on January 8th, 1850, in the following opinion,

Per Curiam:

¶2Every principle of justice requires that the. credits claimed by fhe executor be allowed. There was nothing like gross negligence, or indeed any negligence' at all in his payments. It follows not that if he pays on the score of justice what could not be recovered from him, he must answer it. He may safely pay a debt barred by the statute. If the other children had warned him not to pay the case would have been different; hut certainly equity would not charge him in circumstances like the present.

¶3Judgment affirmed.

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