81 Pa. 329 | Pa. | 1876
delivered the opinion of the court,
The Act of 14th April 1851 (Br. Purd. 416, Pamph. L. 60) provides, that the widow or children of any decedent may retain either real or personal property belonging to the estate of such decedent to the value of $300, and that it shall be the duty of the executor or administrator. of such decedent to have the said property appraised “in the same manner as provided in the act passed the 9th day of April in the year 1849, entitled, £ An Act to exempt property to the value of $300 from levy and sale on execution and distress for rent.’ ” Turning to the act thus re
Now the facts in the case in hand are, that Mrs. Margaret Hufman, widow of Jonathan Hufinan, deceased, and administratrix of his estate, claimed and had set apart to herself, the personal property of said estate, amounting to $99.25, and though, at the time of the appraisement of the personal property, she claimed the balance of the allowance out of the real estate, she neglected to have a proper appraisement thereof made, on the ground, as the auditor has found, that the realty consisted of but one tract of land, which was incapable of division. She now claims to have this deficit made up to her out of the fund produced by the sale of the land, and that as against creditors. Unfortunately for this claim it comes directly within the purview of the cases above cited and their rulings are fatal to it. She has not qualified herself, under the terms of the statute, to partake of this fund.
An appraisement was the sine qua non of such qualification, and as that does not appear in any of the proceedings submitted to us, her claim must be treated as unfounded and nugatory.
Decree affirmed.