Marriot v. Davey, 1 Dall. 164 (C. P. Phila. Cty. 1786)

Common Pleas, Philadelphia County.

March Term, 1786.

Marriot et ux, versus Davey et al. Executors.

This was an action brought by a residuary legatee under the act of the 12 Geo. 3. c. 16. 1 St. L. 449. to which the defendant pleaded fully administered. The plaintiff thereupon moved for the appointment of auditors; but the defendant objected, because his accounts had already been left by consent to referrees, on a former citation before the register of wills, &c.

The Court, however, determined, that the former settlement was not conclusive; and that, by the words of the act, it was intended, new auditors should be appointed, ex termpore, upon the plea of want of assets.

Rawle, for the plaintiff, Sergeant, for the defendant.

Citation: Marriot v. Davey, 1 Dall. 164, 1 U.S. 164 (C. P. Phila. Cty. 1786).

Last modified: June 22, 2014