Van Ormer's Estate
Superior Court of Pennsylvania
Appeal, No. 1, March T., 1904, by Mary H. Hostetter et al., from decree of O. C. Juniata Co., directing payment of a fund in court in the matter of the estate of John R. Van Ormer and Susan Hamilton. Petition for an order to pay a fund in court to F. M. M. Pennel, administrator of John R. Van Ormer.
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Appeal, No. 1, March T., 1904, by Mary H. Hostetter et al., from decree of O. C. Juniata Co., directing payment of a fund in court in the matter of the estate of John R. Van Ormer and Susan Hamilton. Petition for an order to pay a fund in court to F. M. M. Pennel, administrator of John R. Van Ormer. Shull, P. J., stated the facts to be as follows: Thé petition and answer in this case discloses the following facts: Samuel Hamilton died, seized in fee of a tract of land situate in Walker township, Juniata county, Pennsylvania, containing 120 acres, leaving to survive him a widow and five…
1Opinion of the Court
Opinion by
Smith, J.,
At law, a man cannot be his own creditor or debtor;. hence, when he acquires an estate subject to a charge in his own favor, the charge will, in law, merge in the estate. But in equity he may keep it in force, and it will be preserved or extinguished in accordance with the equities involved: Pennock v. Eagles, 102 Pa. 290.
In the present case the vesting of the estate in Susan Hamilton, the creation of the charge thereon, and the engagement of David Smith as surety for the payment of that charge were simultaneous. In consequence of the insolvency of Susan Hamilton, her…
2Cases cited1 opinion
- Pennock v. EaglesSupreme Court of Pennsylvania · 1883
3Cited by2 opinions
- Hurst v. SpottsSupreme Court of Pennsylvania · 1928
- Broadrick v. BroadrickSuperior Court of Pennsylvania · 1904