Mason's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Luzerne county: Of January Term 1879, No. 68. Appeal of William Mason from the decree of the court distributing the balance in the hands of the administrators of Davis Dean, deceased. Davis Dean died in 1876, intestate and insolvent. On September 18th 1877, an order was made for the sale of the decedent’s real estate for the payment of debts, and on January 9th 1878 the court confirmed the sale.
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Appeal from the Orphans’ Court of Luzerne county: Of January Term 1879, No. 68. Appeal of William Mason from the decree of the court distributing the balance in the hands of the administrators of Davis Dean, deceased. Davis Dean died in 1876, intestate and insolvent. On September 18th 1877, an order was made for the sale of the decedent’s real estate for the payment of debts, and on January 9th 1878 the court confirmed the sale. The administrators filed their account April 1st 1878. The personal property fund for distribution was $3451.11, and after paying costs of audit and preferred claims…
1Opinion of the CourtJustice Paxson
In this.case there were two funds for distribution; one the proceeds of the personal estate; the other the proceeds of the sale of the real estate. The court below distributed the real estate fund first, and applied it to the payment of the judgments which were liens during the lifetime of the decedent, and then applied the personal fund pro rata to all the claims, including the judgments of Mary Dean and the appellant. The result was that all the judgments were paid in full, except the judgment of the appellant, which was thrown entirely upon the personal fund, and of course received only…
2Cases cited2 opinions
- Case of Walker's EstateSupreme Court of Pennsylvania · 1832
- Ramsey's AppealSupreme Court of Pennsylvania · 1835
3Cited by5 opinions
- Jennings, Friedman & Stevens ex rel. Mercantile Trust Co. v. LoefflerSupreme Court of Pennsylvania · 1898
- Black's EstateSupreme Court of Pennsylvania · 1941
- Jones's EstateSupreme Court of Pennsylvania · 1922
- Chiswell v. CampbellSupreme Court of Pennsylvania · 1930
- Phillips' EstatePennsylvania Orphans' Court, Beaver County · 1934