Kenin's Estate

Philadelphia County Orphans' Court

Kenin's Estate

45 Pa. D. & C. 333, 1942 Pa. Dist. & Cnty. Dec. LEXIS 178

CourtPennsylvania Orphans' Court, Philadelphia County

DecidedAugust 12, 1942

Docketno. 3131 of 1933

StatusPublished

This text of 45 Pa. D. & C. 333 (Kenin's Estate) is published on Counsel Stack Legal Research, covering Pennsylvania Orphans' Court, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kenin's Estate, 45 Pa. D. & C. 333, 1942 Pa. Dist. & Cnty. Dec. LEXIS 178 (Pa. Super. Ct. 1942).

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Opinion

Sinkler, J.,

The auditing judge committed no error in refusing to allow a debt due the executor in its corporate capacity to be set off against a distributee of the estate of which it is executor. From Darroch’s Executors v. Hay’s Administrators, 2 Yeates 208, to Wentz’s Estate, 225 Pa. 566, it has been con[334]*334sistently held that claims due an executor, individually, cannot be set off against a claim due by the estate.

We dismiss the exceptions, without prejudice, however, to any right that exceptant may have, in its corporate capacity, to proceed directly against the distributee in appropriate proceedings.

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Sinkler, J.,

The auditing judge committed no error in refusing to allow a debt due the executor in its corporate capacity to be set off against a distributee of the estate of which it is executor. From Darroch’s Executors v. Hay’s Administrators, 2 Yeates 208, to Wentz’s Estate, 225 Pa. 566, it has been con[334]*334sistently held that claims due an executor, individually, cannot be set off against a claim due by the estate.

We dismiss the exceptions, without prejudice, however, to any right that exceptant may have, in its corporate capacity, to proceed directly against the distributee in appropriate proceedings.

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Bluebook (online)

45 Pa. D. & C. 333, 1942 Pa. Dist. & Cnty. Dec. LEXIS 178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kenins-estate-paorphctphilad-1942.

Opinion

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