Legal Opinion

Appeal from the decree of the Orphans' Court

Supreme Court of Pennsylvania

Decided May 24, 1824PublishedCited by 1 opinion

On an appeal from a decree of the Orphans’ Court of Lancaster' county, it appeared, that Christian Shultz, administrator of Benjamin Weaver, deceased, having filed his administration account, it was referred to auditors for examination. The assets not being sufficient to pay all the debts of the intestate, the auditors allowed interest upon the debts- due by specialty, only to the time when letters of administration were granted.

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On an appeal from a decree of the Orphans’ Court of Lancaster' county, it appeared, that Christian Shultz, administrator of Benjamin Weaver, deceased, having filed his administration account, it was referred to auditors for examination. The assets not being sufficient to pay all the debts of the intestate, the auditors allowed interest upon the debts- due by specialty, only to the time when letters of administration were granted. To this report, exceptions were filed by the administrator, and the Orphans’ Court were of opinion, that interest on the debts due by specialty, should have been…

1Opinion of the Court

The opinion of the court was delivered by

Tilghman, C. J.

There is but one question in tins case, and that is, whether the bond and other specialty creditors are entitled to interest on their debts after the decease of the intestate, the estate being insufficient to pay the debts due both by specialty and simple contract. The order in which the debts of a deceased person shall be paid, is prescribed by the act of 19th April, 1794, sect. 1.4, 3 Sm. L. 143. The fifth in this-order, are bonds and *184specialties, after which, all other debts are to be paid, without regard to their quality, except…

2Cases cited1 opinion

  1. Champneys v. LyleSupreme Court of Pennsylvania · 1808

3Cited by1 opinion

  1. Stulzfoos' AppealSupreme Court of Pennsylvania · 1831

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