Moore's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county: Of July Term 1878, No. 50. Appeal of Alfred E. Moore, administrator, and one of the heirs-at-law of W. E. Moore, deceased, from the decree of the court dismissing his exceptions to and confirming the adjudication, upon the account of said administrator. Before the auditing judge it appeared, that the decedent purchased from Andrew M. Moore a house and lot on Spring Garden street.
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Appeal from the Orphans’ Court of Philadelphia county: Of July Term 1878, No. 50. Appeal of Alfred E. Moore, administrator, and one of the heirs-at-law of W. E. Moore, deceased, from the decree of the court dismissing his exceptions to and confirming the adjudication, upon the account of said administrator. Before the auditing judge it appeared, that the decedent purchased from Andrew M. Moore a house and lot on Spring Garden street. The deed was dated Eebruary 12th 1877, and the consideration named in it was $9500. The habendum contained these words: “ Under and subject, nevertheless, to the…
1Opinion of the CourtChief Justice Sharswoob
The personal estate of a docodent is the primary fund for the payment of his debts. One reason and perhaps the controlling one for this rule is, that the personal estate has been increased by means of them, and his intention is therefore presumed to be that it should bear the burthen, unless he has expressed a contrary intention by his will. If therefore he has encumbered his land, the heir or devisee is entitled to call upon the personalty for exoneration. Where, however, his land has been purchased, encumbered by the debts of a prior owner, this reason does not exist and cessante ratione…
2Cases cited2 opinions
- Campbell v. ShrumSupreme Court of Pennsylvania · 1834
- Blank v. GermanSupreme Court of Pennsylvania · 1842
3Cited by18 opinions
- May's EstateSupreme Court of Pennsylvania · 1907
- Dobkin v. LandsbergSupreme Court of Pennsylvania · 1922
- Fair Oaks Building & Loan Ass'n v. KahlerSupreme Court of Pennsylvania · 1935
- Faulkner v. McHenrySupreme Court of Pennsylvania · 1912
- Lackawanna Trust & Safe Deposit Co. v. GomeringerSupreme Court of Pennsylvania · 1912
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