Bryan's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Allegheny county: Of October Term 1882, No. 146. Appeal of George S. Bryan from a decree of said court, sustaining the petition of an administrator d. b. n. c. t. a., for the sale of certain real estate to pay for the maintenance of one Frederick Bentz, whose support was made a charge on said real estate, by the will of Mary B. Garber, the former owner.
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Appeal from the Orphans’ Court of Allegheny county: Of October Term 1882, No. 146. Appeal of George S. Bryan from a decree of said court, sustaining the petition of an administrator d. b. n. c. t. a., for the sale of certain real estate to pay for the maintenance of one Frederick Bentz, whose support was made a charge on said real estate, by the will of Mary B. Garber, the former owner. By her will, which was proved May 22d 1867, the testatrix devised three lots of ground in the city of Pittsburgh, to her daughter Mary E. Bostwick, for life, with remainder to her children, and charged the…
1Opinion of the CourtJustice Paxson
We are of opinion that the learned judge of the Orphans’ Court was correct in holding that the charge upon the real estate in controversy for the support of Frederick Bentz was discharged by the judicial sale. It was in the nature of a fixed lion, and may be said to come within the exceptions pointed out in Hiester v. Green, 12 Wright 96, and as such binding between parties and privies. The property, however, was sold upon a municipal claim filed by the city of Pittsburgh for grading and paving a street abutting thereon. The Act of May 16th 1857, section 4, P. L. 542, provides that “ all…
2Cited by10 opinions
- Erie v. Piece of LandSupreme Court of Pennsylvania · 1940
- City of Johnstown v. DibertSuperior Court of Pennsylvania · 1926
- Estate of WashburnSupreme Court of Pennsylvania · 1898
- Oil City Building & Loan Ass'n v. ShanfelterSuperior Court of Pennsylvania · 1905
- Blue Ball National Bank v. Diller, Pennsylvania Court of Common Pleas, Lancaster County1945
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