8 Pa. Super. 108 | Pa. Super. Ct. | 1898
Opinion by
On the death of the testator, the sole right to administration of his estate, including the completion of his executory contracts, vested in his executors. They acquired absolute control over the personal estate-and the management of his business, and must account therefor, in strict accordance with law. “ By the execution of the contract the estate of the vendor is
It appears, by the decree and opinion of the learned court below, that it was not intended to encroach upon the functions, of the executors or to preclude the widow from securing her rights under the exemption laws. The evident purpose was to recognize the rights of both parties. This could best be done by having the balance of purchase money due on the contract pass through the authorized channel for its reception and disbursement.
It is contended on behalf of the appellant that inasmuch as the widow’s appraisement, which was duly confirmed, specified f300 of moneys due the testator under a certain contract with Robert H. Shaw, this constituted a specific appropriation of moneys in Shaw’s hands, and that, therefore, she was entitled to call upon Shaw directly for the money, irrespective of the rights and duties of the executors. To this we cannot assent. All property and money set apart for the widow and children under the act of 1851 and its supplements, must pass through the hands of the executors or administrators. An exception is made by the third section of the act of June 4, 1883, where the value of the decedent’s estate does not exceed $300. The election of the widow in the present case must be viewed as an exercise of the right to select money rather than property. Designating the Shaw contract as the source of the fund is entirely consistent with this view: Seller’s Estate, 82 Pa. 153. The claim is “ out of moneys,” due on articles of agreement between the decedent and Shaw; it is not to the agreement itself, or the interest of the decedent therein. The rights of
The decree is affirmed.