Legal Opinion

Walker's Appeal

Supreme Court of Pennsylvania

Decided July 1, 1857PublishedCited by 1 opinion

Appeal by Robert 0. Walker, administrator of the estate of John Walker, Sr., deceased, from the decree of the Orphans’ Court of Allegheny county. On the first day, of November, A. D. 1856, Robert 0. Walker, duly appointed administrator of John Walker, Senior, made application by petition to the. Orphans’ Court of Allegheny county, for authority to sell the real estate of John Walker, Sr., for the payment-of debts.

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Appeal by Robert 0. Walker, administrator of the estate of John Walker, Sr., deceased, from the decree of the Orphans’ Court of Allegheny county. On the first day, of November, A. D. 1856, Robert 0. Walker, duly appointed administrator of John Walker, Senior, made application by petition to the. Orphans’ Court of Allegheny county, for authority to sell the real estate of John Walker, Sr., for the payment-of debts. The petition, inter alia, sets forth, “That the said John Walker, Sr., late of Elizabeth, in said county, died intestate, seised of certain real estate; that the personal estate of…

1Opinion of the Court

The opinion of the court was delivered by

Woodward, J.

— We do not agree with the learned judge of the Orphans’ Court, that the acts of assembly regulating the sale of decedent’s real estate, contemplate the exhaustion of the personal assets by the administrator, before he is at liberty to take any action for the sale of the real estate. “ Whenever it-shall satisfactorily appear to the executor or administrator, that the present estate of the decedent is insufficient to pay all just debts,” &c., is the language of the 20th section of the Act of 24th February, 1834; he is then to proceed without…

2Cited by1 opinion

  1. Horner & Roberts v. HasbrouckSupreme Court of Pennsylvania · 1862

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