Newcomer v. Wallace

Christian Fewcomer died, intestate, seized of real estate subject to a mortgage which was upon the property when he purchased it. The deed of conveyance to him passes the title “subject to the mortgage * * which said Christian Fewcomer is to fully pay and satisfy.” He died in 1863, leaving the appellant, his second wife, without children of theirs surviving him. She became administratrix, and paid off the mortgage ($2,390) out of the personal assets. Afterwards this real estate was sold to pay debts, and after all were paid there remained a surplus for distribution of $2,198.32. The personal…