97 Pa. 173 | Pa. | 1881
delivered the opinion of the court, March 7th 1881.
This case has been very ably and elaborately argued, and all the authorities examined and commented on. We do not, however
. There is another point which, we think, disposes of the question upon this record. We do not consider that the United States coupon bonds which are the subjects of this controversy, were at the time of the death of the decedent, any part of his estate in this Commonwealth. The defendants were the mere depositaries of the bonds for safe-keeping. They were, therefore, in the possession of the decedent. He held the certificate of their deposit. The defendants were bound to restore the bonds at any time to the lawful holder of the certificate. It was as if the bonds had been placed in a fire-proof of the defendants, of which the decedent possessed the key. In point of fact, the certificate was in the actual possession of the widow of the decedent in New Jersey. She surrendered it as she was bound to do, to the foreign executor. She could not have withheld it. The New Jersey executor could have sued her, and compelled its delivery to him. The Pennsylvania administrator certainly could not. By the terms of the certificate it might be transferred by assignment indorsed thereon and approved by the company. The foreign executor could' haye so assigned it, and his assignee could have sued for the delivery of the bonds, in his own
Judgment affirmed.