Crone's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of York county: Of July Term 1883, No. 112. This was an appeal by Emanuel Crone, Lydia Doll, Susan Eebman, Elizabeth Eodgers and Mary Jane Orone from a decree of the said court dismissing their exceptions to and confirming the report of an auditor appointed to distribute a fund in the hands of Levi Dali and Samuel Eahauser, executors of John Crone, deceased, being a balance of the proceeds of real estate sold for 'payment of debts, by order of…
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Appeal from the Orphans’ Court of York county: Of July Term 1883, No. 112. This was an appeal by Emanuel Crone, Lydia Doll, Susan Eebman, Elizabeth Eodgers and Mary Jane Orone from a decree of the said court dismissing their exceptions to and confirming the report of an auditor appointed to distribute a fund in the hands of Levi Dali and Samuel Eahauser, executors of John Crone, deceased, being a balance of the proceeds of real estate sold for 'payment of debts, by order of the Orphans’ Court. The facts were as follows: John Orone, the testator, died on August 21st 1881, leaving to survive…
1Opinion of the CourtJustice Tbujstkey
As between the real and personal representatives of a de-' cedent, the personal estate is the primary fund which must be resorted to in the first instance for the payment of debts contracted by the testator or intestate. This principle does not control the creditor of the decedent whose debt binds both the personal and real estate; he may proceed against either the personalty in the hands of the executor or administrator, or the realty descended or devised. But if the creditor proceeds against the realty, the heir or devisee who has sustained the *575loss shall be allowed to stand in the place of…
2Cases cited1 opinion
- Case of Walker's EstateSupreme Court of Pennsylvania · 1832
3Cited by6 opinions
- Shaffer's EstateSupreme Court of Pennsylvania · 1918
- Arrott v. CommissionerUnited States Board of Tax Appeals · 1936
- Gruner's EstateSupreme Court of Pennsylvania · 1921
- Respublica v. Le CazeSupreme Court of Pennsylvania · 1791
- Ostheimer's EstatePennsylvania Orphans' Court, Erie County · 1936
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