106 Pa. 268 | Pa. | 1884
delivered the opinion of the court,
The appellees are not concluded by the confirmation of the executors’ account or distribution of the small balance then in their hands. The claim that is now urged was not then presented nor passed upon in that proceeding. Nor are they concluded by the dismissal of their petition for review. That was expressly done without prejudice to their rights, if any they had, in another form of proceeding.
The entire estate of testatrix, both real and personal, was made a fund for payment of the legacy in question. The former was not sold by the executors, for the reason that they as residuary legatees elected, as they had a right to do, to take the land instead of the proceeds thereof, but that did not relieve the real estate in their hands from the burden imposed upon it by testatrix.
Having rightly sustained the claim of appellees to interest on the legacy, from the date of testatrix’ decease, the learned judge was clearly right as to the proper mode of enforcing payment. The petition, it is true, was informal and irregular, ■ but it was amendable, and he had a right to treat it as amended.
There appears to be no error in the decree, or in any of the proceedings leading thereto, that requires correction.
Decree affirmed and appeal dismissed at the costs-of appellants.