Fulton's Estate
Superior Court of Pennsylvania
Appeal, No. 266, Oct. T., 1916, by Horace E. Smyser, from decree of O. 0. Philadelphia Go., Jan. T., 1913, No. 206, dismissing exceptions to adjudication in Estate of Samuel M. Fulton, deceased. Exceptions to adjudication.
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Appeal, No. 266, Oct. T., 1916, by Horace E. Smyser, from decree of O. 0. Philadelphia Go., Jan. T., 1913, No. 206, dismissing exceptions to adjudication in Estate of Samuel M. Fulton, deceased. Exceptions to adjudication. Gest, J., filed an opinion which was in part as follows: In the present case the decedent died on October 24, 1912, insolvent, and the exceptant creditor held his note dated August 29, 1912, for $17,740.54, which with interest to the date of decedent’s death amounted to $17,-906.11. The exceptant held as security certain bank stock, which he sold on March 15, 1913,…
1Opinion of the Court
Opinion by
Head, J.,
At the date of the death of Samuel M. Fulton, October 24, 1912, the appellant was his creditor. The debt was evidenced by a promissory note dated August 29, 1912. The estate of the decedent- was insolvent. His death, *442under such circumstances, practically effected an assignment of all of his property to his creditors and thereafter it belonged to them in proportion to the amount of the debt due to each. In such cases interest is calculated to the date of the death of the debtor and there it stops, so far as unsecured creditors are concerned. The legal rule applicable in such…
2Cases cited5 opinions
- Brothers v. Girard National BankSupreme Court of Pennsylvania · 1915
- Miller's AppealSupreme Court of Pennsylvania · 1860
- Estate of Jamison & Co.Supreme Court of Pennsylvania · 1894
- Graeff's AppealSupreme Court of Pennsylvania · 1875
- Peckham's Assigned EstateSuperior Court of Pennsylvania · 1908
3Cited by11 opinions
- United Security Trust Company CaseSupreme Court of Pennsylvania · 1936
- Union Trust Co. v. LongSupreme Court of Pennsylvania · 1932
- Mortgage Building & Loan Ass'n CaseSupreme Court of Pennsylvania · 1939
- Matter of Adrian Research and Chemical Co., Inc., Bankrupt, William M. KirkpatrickCourt of Appeals for the Third Circuit · 1959
- Chambersburg Trust Co. v. AlexanderSuperior Court of Pennsylvania · 1931
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