5 Whart. 350 | Pa. | 1840
The opinion of the Court was delivered by
This is an action to recover a proportional part of the money arising from the sale of certain real property belonging to the estate of John Fromberger, deceased. John Fromberger left some personal and a large real estate, and eight children, of whom George Fromberger was one. George died, leaving one child, who brings this suit, as administrator dé bonis non of his father, After the decease of George, and after the payment of the debts of John, one of the children of John Fromberger the elder presented a petition to the Orphans’ Court, for an inquest to make partition and valuation of the real estate. The inquest decided that partition could not be made ; whereupon the Orphans’ Court directed the administrators of John Fromberger, the elder, to make sale of the property. The money for which this action is brought, is the proceeds of the sale made by the administrator, under the order of the Court.
When real estate, subject to partition or valuation, cannot be divided among the heirs, the Orphans’ Court may order the administrators to sell it. The second section makes it the duty of the Court to confirm the sale, and to decree the estate in the premises so sold, to be transferred and vested in the purchaser, as fully as the intestate held the same at his decease, subject to the payment of
On the sale of the premises, and the confirmation of the sale by the Court, the land passes into the hands of the purchaser, discharged from the lien of-debts, subject only to the payment of the unpaid purchase-money, according to the terms prescribed in the order of sale. The money being substituted for the land, the legislature have made it the duty of the Court to distribute the proceeds according to law and justice. And as the administration bond extends only to the personal assets of the intestate, by a subsequent act, when real estate is sold, the law authorised the Court to require security from the administrators, conditioned for the faithful execution of the power committed to them in making the sale, and truly to account for and pay over the proceeds, in such manner as the Court may legally decree. Act of 26th March, 1808.
There would seem, therefore, no necessity to support this action, to prevent a failure of justice, as the case has been foreseen and provided for by giving to the appropriate tribunal plenary authority over the whole subject-matter, who are empowered to settle the distribution of the proceeds, on the principles which appertain to a Court of chancery. If the funds in the hands of the administrators be wanted by the plaintiff, for the purposes stated, he may apply to the Orphans’ Court, who, by the express terms of the act, may distribute the money arising from the sale, or take such order in relation to it, as they may deem just and proper. When the personal estate of the plaintiff’s intestate is insufficient to pay such debts as are a lien on the real estate, and of course on the fund, the Orphans’ Court may order the whole, or so much as may be required, to be paid over to the administrator, exacting from him security for the faithful application of the money, and the return of the surplus to the heir. The same remedy- is open to the latter, who is entitled to receive the fund raised by the sale of the real estate, unless the personal estate should prove insufficient. The course here indicated possesses this great advantage, that the Orphans’ Court may cause all the parties to be brought before them, and can settle the rights of all, however complicated, in one decree, either by ordering the whole, or part of the-money, to be paid to the administrator, on such terms and conditions as they may impose, or by a decree that it should be paid to him, in whole or in part, upon his giving (if the case requires it,) a refunding bond, conditioned for the payment of fut-ure or contingent liabilities. A claim to the money may be made by both the administrator and heir, and the accidental fact, that they are the same person, it is properly conceded, cannot alter the principle. This action will expose the administrator to two suits; and in one, or perhaps in both, we must settle the proportion to which each is entitled; for we cannot admit a right in the adminis
Judgment affirmed.