Walker's Appeal
Supreme Court of Pennsylvania
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
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