40 Pa. Super. 244 | Pa. Super. Ct. | 1909
Opinion by
The appellant’s objection to the allowance of the claim of the administrator of Stephen D. Hickman, is that the decree out of which it arises was entered more than two years after the death of Solomon Hickman and that if it is to be treated as a judgment against the decedent’s estate it is not indexed in compliance with the provisions of the statute. The claim grew out of a proceeding in equity in which all the other heirs of Solomon Hickman filed a bill against Stephen D. Hickman praying for the cancellation of a deed delivered to the latter by Solomon Hickman for the conveyance of a farm on which the grantor then lived. The court found in that proceeding that Solomon Hickman was of weak mind because of old age at the time the conveyance was made and, therefore, incompetent to enter into such a contract. It was further found as a fact that the grantee was free from any fraudulent intent in accepting the conveyance, and was acting with good motives for the protection of his father’s property. The decree was for the cancellation of the deed and that the estate of Stephen D. Hickman, who had died while the litigation was pending, be reimbursed in the sum of $921 which amount was advanced by him while he held the title, in payment of three judgments entered against Solomon Hickman and a debt of $349 due to Archibald Hickman, a son of the decedent, the whole amounting with interest to $1,248.25. It was further decreed that that sum “ be entered'as a judgment against the lands of Solomon Hickman, to be paid as a debt’ of said estate out of the proceeds of said lands.” This decree was entered in the judgment index in the prothonotary’s office against “Solomon Hickman, Heirs of, No. 65, In Equity.”
The decree is affirmed.