Ilgenfritz's Appeal
Supreme Court of Pennsylvania
APPEAL from the Orphans’ Court of York county. The facts of this case are fully set forth in the following petition. To the Honourable the Judges of the Supreme Court of the County of York. — The petition of the administrators of the estate of Samuel Ilgenfritz, sr., late of the borough of York, deceased, respectfully showeth — That the said deceased died intestate, seised of certain real estate, and possessed of personal estate — that the personal estate has not yet been…
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APPEAL from the Orphans’ Court of York county. The facts of this case are fully set forth in the following petition. To the Honourable the Judges of the Supreme Court of the County of York. — The petition of the administrators of the estate of Samuel Ilgenfritz, sr., late of the borough of York, deceased, respectfully showeth — That the said deceased died intestate, seised of certain real estate, and possessed of personal estate — that the personal estate has not yet been settled, and that the real estate was divided and appraised by an inquest awarded by the court, and all the heirs refusing…
1Per curiam
The grandchildren of an intestate take, by substitution, not through, but paramount to, their parent. The law designates them as persons to take a title derived, not from the parent, but immediately from the intestate. The property never was in the parent; consequently they did not inherit from him what he had not. If the administrators could come upon the fund in their hands as the representatives of the parent’s creditor, it is obvious that all his other creditors might do the same — a consequence not to be pretended. The court was, therefore, bound to dismiss the-petition.
Decree affirmed.
2Cited by3 opinions
- Powers v. MorrisonTexas Supreme Court · 1895
- Wattenbarger v. PayneMissouri Court of Appeals · 1912
- Wallace v. KeyserSupreme Court of Pennsylvania · 1856