2 Pa. 483 | Pa. | 1846
— The official character of an executor, independent of acts done in it, is not enough to exclude him as a witness on the trial of an issue like the present. But it is said, that as the executor, in this instance, paid a legacy to the widow, he has an interest to that extent in establishing the will. What would be the legal effect of revoking the probate ? Where a grant of administration is originally void, all acts done under it will be also void. In Wolley v. Clark, 5 B. & Ad. 744, trover was maintained by the executor of a subsequent will against the executor of a previous one, whose probate had been revoked, even on citation; and it was consequently held, that the disposal of the assets by the first executor was, in point of legal effect, a conversion of them to his use, and an act done without authority. And the defendant was not allowed to show, even in mitigation of damages, that he had administered assets to the amount. In like manner, detinue was maintained in Graysbrook v. Fox, Plowd. 267, by an executor against a purchaser of assets from one who had obtained letters of administration before the executor had proved the will. If this probate be revoked, therefore, the payment of the legacy will he void, and the witness will be liable, without regard to it, for Whatever came from the personal estate, unless the neglect of the register to grant administration pendente lite, at the entry of the caveat,
Judgment reversed, and a venire de novo awarded.