Legal Opinion

M'Curdy's Appeal

Supreme Court of Pennsylvania

Decided May 15, 1843PublishedCited by 11 opinions

THIS was an appeal by John M’Curdy, eldest son of John M’Curdy the elder, deceased, from the decrees of the Orphans’ Court of York county, in refusing to order the real estate of said deceased to the appellant, and in ordering the same to be sold for the purpose of paying a debt due the administrator. John M’Curdy the elder died intestate in 1827. Soon after his death, on the 3d August 1827, letters of administration on his estate were duly granted to Alexander M’Curdy.

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THIS was an appeal by John M’Curdy, eldest son of John M’Curdy the elder, deceased, from the decrees of the Orphans’ Court of York county, in refusing to order the real estate of said deceased to the appellant, and in ordering the same to be sold for the purpose of paying a debt due the administrator. John M’Curdy the elder died intestate in 1827. Soon after his death, on the 3d August 1827, letters of administration on his estate were duly granted to Alexander M’Curdy. On the 3d November 1829, the administrator exhibited into the register’s office an account, showing a balance in his favour…

1Opinion of the Court

The opinion of the Court was delivered by

Sergeant, J.

The administrator, by being creditor, or making himself so in consequence of his advancing money out of his own pocket to pay off the debts due by the intestate, cannot place himself as to the real estate in a better situation than other creditors. They would be barred by suffering seven years, under the former Act of 4th April 1797, sec. 4, (and now by the Act of 24th February 1834, sec. 24, five years), to elapse without pursuing their claims according to the modes prescribed in the Act; and there is the same reason, considered in any…

2Cited by11 opinions

  1. Bindley's AppealSupreme Court of Pennsylvania · 1872
  2. Bentley's EstateSupreme Court of Pennsylvania · 1900
  3. Donnelly's EstateSupreme Court of Pennsylvania · 1914
  4. Kitchen's EstateSupreme Court of Pennsylvania · 1861
  5. Krick's EstateSupreme Court of Pennsylvania · 1941

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