Winkle v. Meany
Superior Court of Pennsylvania
Appeal, No. 264, April T., 1905, by defendant, from judgment of C. P. Beaver Co., Dec. T., 1908, No. 671, on verdict for plaintiff in case of Elmer E. Winkle v. Frederick Meany. Replevin for goods seized for rent. Before Galbreath, P. J. From the record it appeared that A. C. Bruce died intestate, leaving to survive him a brother and three sisters as his heirs.
Read the full summary
Appeal, No. 264, April T., 1905, by defendant, from judgment of C. P. Beaver Co., Dec. T., 1908, No. 671, on verdict for plaintiff in case of Elmer E. Winkle v. Frederick Meany. Replevin for goods seized for rent. Before Galbreath, P. J. From the record it appeared that A. C. Bruce died intestate, leaving to survive him a brother and three sisters as his heirs. The heirs leased a farm which had belonged to the intestate to E. E. Winkle, the plaintiff, for one year with a right to end the term on ninety days’ notice. The administrator of Bruce obtained an order from the orphans’ court to sell…
1Opinion of the Court
Opinion by
Beaver, J.,
Whilst it is true that “ Lands of a decedent are assets for the payment of his debts, and may be taken in execution and sold for this purpose, notwithstanding the fact that they have been sold by the heirs to bona fide purchasers: ” 4 P. & L. Dig. of Dec; 6330, it is also true that “ Rents of real estate accruing after decedent’s death are not assets for the payment of his debts, and it makes no difference that the rents are reserved to the lessor, his executors, administrators or assigns.”. “The heir is not accountable either to the administrator or creditors of an…
2Cases cited4 opinions
- M'Coy v. ScottSupreme Court of Pennsylvania · 1828
- Morrison's EstateSupreme Court of Pennsylvania · 1900
- Bakes v. ReeseSupreme Court of Pennsylvania · 1892
- DeWitt v. Lehigh Valley RailroadSuperior Court of Pennsylvania · 1902