Nottes's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Lancaster county. This was an appeal by Charlotte Nottes, widow of Frederick Trost, deceased, from the decree of the court confirming the report of the auditor on the account of Frederick S. Albright, administrator of said deceased. The material facts of the case were these :— Frederick S. Trost purchased from the executors of Philip Pyle, deceased, certain real estate.
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Appeal from the Orphans’ Court of Lancaster county. This was an appeal by Charlotte Nottes, widow of Frederick Trost, deceased, from the decree of the court confirming the report of the auditor on the account of Frederick S. Albright, administrator of said deceased. The material facts of the case were these :— Frederick S. Trost purchased from the executors of Philip Pyle, deceased, certain real estate. When the purchase-money was to be paid, and the deed made, the parties interested met together at the scrivener’s office. Mr. Hoover, the obligee in the judgment-bond under wbicb he claimed,…
1Opinion of the Court
The opinion of the court was delivered,
by
Woodward, J.
The 5th section of the Act of 14th April 1851, after giving to the widow or children of any decedent the right to retain out of the real or personal estate, three hundred dollars’ worth of property, concludes with a proviso, that this section shall not affect or impair any liens for the purchase-money of such real estate. Liens for purchase-money may be by mortgage, judgment, or by executory articles of bargain and sale; but they are always created in favour of vendors, and exist for their protection and benefit, or that of their assignees,…
2Cited by6 opinions
- Oransky v. StepanavichSupreme Court of Pennsylvania · 1931
- Scott's EstateSuperior Court of Pennsylvania · 1901
- Jeanes v. HizerSupreme Court of Pennsylvania · 1898
- Ruff v. Barclay-Westmoreland Trust Co.Superior Court of Pennsylvania · 1922
- Citizens Trust Co. v. Funt, Pennsylvania Court of Common Pleas, Adams County1935
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