198 Pa. 46 | Pa. | 1901
Opinion by
The undisputed facts upon which a verdict was directed for the plaintiff were these: Shortly before his death Charles E.
At the trial the defendant claimed the right to retain the bonds until paid the amount which she had expended in payment of the note for which they were pledged. This claim was based on the proposition, that upon the death of Cornelius his estate became a trust fund for distribution among his creditors, whose rights became fixed at the instant of the death of their debtor, and that as the estate is insolvent, equity, m order to preserve the rights of the creditors, will treat the debt as still existing and subrogate the defendant to the same rights the bank had in regard to the bonds.
The judgment is affirmed.