6 Pa. 267 | Pa. | 1847
This cause exhibits a succession of errors, differing only in intensity from the beginning to the end. One of them, however, pervades the whole process, and, being radical and fatal, saves the labour of noticing the rest. William Wilson died before the 25th of May, 1814, his will being admitted to probate on that day. On the 28th of December, 1831, John Boyd, one of his exceptors, confessed a judgment to Robert C. Hall, acting executor of Charles Hall, deceased, for $2756 02. At that time the other executor, to wit, Mai’y, the widow of the testator, was in full life and one of the acting executors of said will, having joined in the probate thereof. In 1837, to June Term, the present scire facias was issued to bring in Abbot Green and Abraham S. Wilson, administrators de bonis non of Wiliam Wilson, deceased, — both of the executors being then dead, — and also the heirs of the deceased, as terre-tenants, to show cause why execution should not issue against the lands of the deceased, &c. Various pleas were put in by the defendants, to some of which there was a demurrer, and to one a replication. Several questions are presented by the record, one of which only I will consider: that is the validity and effect of the judgment confessed by John Boyd on the 28th of December, 1831. It may be that the lapse of time would not shield the defendants, if every thing else in the proceeding was right. William Wilson directed by his will, — which is not set out, but merely referred to in the paper book, — that his land should be sold by his executors, after his death; and that his debts should be paid out of the proceeds, if not previously satisfied. This is the substance of the provision as I recollect it, from its being read at bar. In the case of Alexander v. McMurry, 8 Watts, 504, this court decided that a devise of real estate to executors for the purpose of selling to pay debts, created a trust in the executors for the benefit of creditors; and that, in such case, there is no limitation to the lien of the debt, short of a presumption of payment from lapse of time. But in such cases, undoubtedly, the debt must be clearly and lawfully established, and must be such as by every reasonable intendment and implication was within the testator’s intention at the time he made his will. No man could suppose that by such a provision he was about to raise up from the dust of time and oblivion the transactions of his whole life, to be investigated after his death; nor that he was waking up into life and activity evidences of debt, which in the contemplation of the parties and the provisions of law were satisfied or dead. The decision of Alexander v. McMurry goes on the ground that the executors were gnilty of laches and gross negli
Judgment reversed.