4 Pa. 32 | Pa. | 1846
A set-off is allowed in a suit brought either by or against executors or administrators, and the fact that the debt proposed to be set-off was not due at the time of the death of the testator, or intestate, would make no difference if due when suit was commenced, and the estate be solvent. But is a set-off .allowable when the estate is notoriously insolvent? We think not, for the simple reason that it would disturb the course of administration. ' At the death of the testator or intestate, the executor or administrator is the trustee for the creditors, whose right to the assets at that time becomes fixed and determined. Nothing that the executor or administrator can do can alter the course of distribution. If the estate be solvent, the creditors are entitled to receive their
Judgment reversed, and judgment for plaintiff.