4 U.S. 253 - McCulloch v. Young — 4 U.S. 253

How this case has been cited

Cited by 7 later decisions (2 by the Supreme Court) — most recently May 2015

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Foreign executors.

¶2An action can be maintained in the courts of Pennsylvania, under the authority of letters of administration granted in another state. 1

¶3This was an action on the case, brought against the defendant, by John McCulloch, as administrator of Robert Parland, under letters of administration granted by the orphans’ court, and tested by “ the register of wills for Prince George county,” in the state of Maryland, on the 8th of October 1799, addressed to John McCulloch of “Alexandria, in the state of Virginia.”

¶4The only controverted question in the cause was submitted to the court, all the judges being present: to wit, whether an action could be maintained *254in the courts of Pennsylvania under the authority of letters of administration granted in another state ?

¶5And after argument, by M. Levy, for the plaintiff, and by Hopkinson, for the defendant (in the course of which 1 Dall. 456; 1 Dall. Laws, 30, were cited):

¶8The Court,

¶9adverting to the numerous instances, both since and before the revolution, in which such suits were maintained, unanimously pronounced—

¶10Judgment for the plaintiff.