Estate of Merkel
Supreme Court of Pennsylvania
APPEALS BY E. SUNDAY ET AL., CREDITORS, AND BY W. R. MERKEL ET AL., ACCOUNTANTS, PROM THE ORPHANS’ COURT OP BERKS COUNTY. Nos. 192, 368 January Term 1888, Sup. Ct.; court below, number arid term mot given. On May 11, 1877, Wilson It. Merkel and William M. Kaufman, administrators of the estate of George Merkel, deceased, filed two accounts of their administration of said estate, one relating to the personalty and the other to the realty.
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APPEALS BY E. SUNDAY ET AL., CREDITORS, AND BY W. R. MERKEL ET AL., ACCOUNTANTS, PROM THE ORPHANS’ COURT OP BERKS COUNTY. Nos. 192, 368 January Term 1888, Sup. Ct.; court below, number arid term mot given. On May 11, 1877, Wilson It. Merkel and William M. Kaufman, administrators of the estate of George Merkel, deceased, filed two accounts of their administration of said estate, one relating to the personalty and the other to the realty. Exceptions to the account having been filed by creditors of the estate, Mr. S. Maltzberger, on September 11, 1877, was appointed auditor to pass upon the…
1Opinion of the Court
Opinion,
Me. Justice McCollum:
We have carefully examined and considered the several specifications of error filed in these appeals, and the able arguments for and against them.
Lands descend to the heir. The administrator cannot, by virtue of his office, occupy or lease them. The rents and profits accruing from them after the death of the owner belong to the heir, and the administrator is not authorized to receive them. The Orphans’ Court may, on his application, order a sale of the lands for the payment of debts, if the personal estate is insufficient for that purpose. But his powers and…
2Cases cited2 opinions
- Clauser's EstateSupreme Court of Pennsylvania · 1877
- Stehman's AppealSupreme Court of Pennsylvania · 1846
3Cited by27 opinions
- Gardner's EstateSupreme Court of Pennsylvania · 1936
- Broderick v. ReidSupreme Court of Georgia · 1927
- Horn EstateSupreme Court of Pennsylvania · 1944
- Ring v. LundSupreme Court of Iowa · 1906
- Grollman's EstateSupreme Court of Pennsylvania · 1922
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