Loomis's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Erie county. Dyer Loomis, Sr., died January 23, 1842. By his will he directed that “ all my debts and funeral expenses be paid by my executor from the first money that shall come into his hands from my estate” * * * * “ my executor to have the use and occupancy of my estate until Hiram, my youngest son, attains the age of twenty-one years.”
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Appeal from the decree of the Orphans’ Court of Erie county. Dyer Loomis, Sr., died January 23, 1842. By his will he directed that “ all my debts and funeral expenses be paid by my executor from the first money that shall come into his hands from my estate” * * * * “ my executor to have the use and occupancy of my estate until Hiram, my youngest son, attains the age of twenty-one years.” He then bequeathed some specific legacies, the' amount of which now payable is $300. Hiram became of age May 14, 1853. The will made Dyer Loomis, Jr., executor. He was in possession of the property, real and…
1Opinion of the Court
The opinion of the court was delivered,
by Knox, J.
We agree with the auditor and the Orphans’ Court, that there is no necessity for selling the real estate of Dyer Loomis, deceased.
The testator died on the 16th of January, 1842; and as no steps have been taken by the creditors to charge the real estate in the hands of the devisees with the payment of the decedent’s debts, it is no longer liable to the lien of such debts.
That the executor has paid the debts, or a part of them, out of his own money, in no degree extends the lien upon the real estate, or impairs the right of the devisees to hold…
2Cases cited1 opinion
- M'Curdy's AppealSupreme Court of Pennsylvania · 1843
3Cited by4 opinions
- Smith v. WildmanSupreme Court of Pennsylvania · 1896
- Krick's EstateSupreme Court of Pennsylvania · 1941
- Merkel's EstateSupreme Court of Pennsylvania · 1893
- Emerick's EstateSupreme Court of Pennsylvania · 1896