Oswald's Appeal

Supreme Court of Pennsylvania

Oswald's Appeal

3 Grant 300

DecidedJuly 1, 1860

StatusPublished

This text of 3 Grant 300 (Oswald's Appeal) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Oswald's Appeal, 3 Grant 300 (Pa. 1860).

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Opinion

Opinion by

Read, J.

In this case only one point has been argued before us, and that is, whether the administrator was chargeable with interest received by him before he paid over the amount in his hands to the distributees. About this there can be no doubt, for he was but a trustee, and not the owner of the fund, and therefore bound to account for whatever he received. The amount of interest received and not accounted for or paid over is stated to be $136 19, and the court erred in not charging him with that amount.

Decree reversed at the costs of the appellants, and record remitted, with directions to proceed according to law.

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Opinion by

Read, J.

In this case only one point has been argued before us, and that is, whether the administrator was chargeable with interest received by him before he paid over the amount in his hands to the distributees. About this there can be no doubt, for he was but a trustee, and not the owner of the fund, and therefore bound to account for whatever he received. The amount of interest received and not accounted for or paid over is stated to be $136 19, and the court erred in not charging him with that amount.

Decree reversed at the costs of the appellants, and record remitted, with directions to proceed according to law.

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Bluebook (online)

3 Grant 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oswalds-appeal-pa-1860.