Majority
p. 253*McCulloch, administrator, &c., v. Young.[1]
Syllabus
Foreign executors.An action can be maintained in the courts of Pennsylvania, under the authority of letters of administration granted in another state.[2]
This was an action on the case, brought against the defendant, by John McCulloch, as administrator of Robert Parland, under letters of administration granted by the orphans’ court, and tested by “ the register of wills for Prince George county,” in the state of Maryland, on the 8th of October 1799, addressed to John McCulloch of “Alexandria, in the state of Virginia.”
The only controverted question in the cause was submitted to the court, all the judges being present: to wit, whether an action could be maintained
p. 254
in the courts of Pennsylvania under the authority of letters of administration granted in another state ?
And after argument, by M. Levy, for the plaintiff, and by Hopkinson, for the defendant (in the course of which 1 Dall. 456 ; 1 Dall. Laws, 30, were cited):
adverting to the numerous instances, both since and before the revolution, in which such suits were maintained, unanimously pronounced—
Judgment for the plaintiff.
Cases cited
- Græme v. Harris 1 Dall. 456 p. 254