Rosengarten's Estate
Superior Court of Pennsylvania
Appeal, No. 71, Oct. T., 1905, by Clara Rosengarten, from decree of O. C. Schuylkill Co., July Term, 1904, No. 41, dismissing exceptions to adjudication in Estate of Henry Rosengarten, deceased. Exceptions to adjudication. Before Dunn, P. J. The opinion of the Superior Court states the facts. Error assigned was decree disallowing the judgments and dismissing exceptions to the adjudication.
1Opinion of the Court
Opinion by
Beaver, J.,
The question stated by the appellants for our consideration is, “ Has an executrix, who is given a life interest in real es*245tate, and an unrestricted power of sale of all the real estate of a decedent, power to bind the said real estate by the confession of a judgment?” In order to state the question fully it is necessary to add, for a claim which has, by lapse of time, lost its statutory lien upon said real estate.
From the facts, as found by the court below and stated in its opinion, Henry Rosengarten, the decedent, whose estate was distributed, died May 10, 1893. At the…
2Cases cited4 opinions
- Lancaster v. DolanSupreme Court of Pennsylvania · 1829
- McCreary v. BombergerSupreme Court of Pennsylvania · 1892
- Zane v. KennedySupreme Court of Pennsylvania · 1873
- Bowman v. KnorrSupreme Court of Pennsylvania · 1903
3Cited by2 opinions
- Stannert's EstateSupreme Court of Pennsylvania · 1940
- Reiter v. Department of Public Assistance, Pennsylvania Court of Common Pleas, Clearfield County1954