13 Pa. Super. 467 | Pa. Super. Ct. | 1900
Opinion by
Louis Landmesser died on April 4, 1892, leaving a will, in which he appointed three of his sons, namely, Louis B., William F. and John G., executors, to whom letters testamentary issued, and authorized and empowered said executors to least, and sell his real estate and collect the rents thereof. After making sundry specific devises and bequests the bulk of the estate was disposed of by the following clause: “ Ninth. I give the residue of my estate to my nine children, share and share alike, to wit: Louisa A., Margaret, Katherine, Nicholas, Louis B., William F., John G., Henry L. and Edward M.” The fund in court is the proceeds of the sale of real estate, and is to be disposed of under the above clause. On November 27, 1894, L. B. Landmesser alone filed an account as executor, in which he claimed credit for the payment of the sums of $1,147 and $700 to John G. Landmesser, on account of his share under the above-mentioned residuary clause, and also claimed credit up
The sale of real estate from which this fund was derived was made by the administrator d. b. n. c. t. a., appointed upon the resignation of the executors. The record, as printed, does not show the date of this sale, but, from the general tenor of the argument, we may assume that it was made subsequently to the entry of the Pringle judgments. The sole question presented by this record is whether this judgment creditor of John G. Landmesser was entitled to have his judgments paid out of the share of said defendant in this fund before the distribution among the legatees under the residuary clause of the will had been equalized. There can be no question that John G. Landmesser had either been paid, as legatee, by the acting executor, or while himself acting executor had retained, upon the allegation that he was entitled thereto as legatee, more than the other legatees, who were entitled to the same amount, had received under the residuary clause of the will in so far as the estate had been administered. In so far as tbe estate came within the operation of this residuary clause it is to be treated
It is argued on behalf of appellant that the decree of the orphans’ court, finding that John G. Landmesser had received
The appellant could claim nothing out of the estate which his debtor would not have been entitled to take therefrom at the time of the entry of the judgments. The judgments bound only the contingent interest of John G. Landmesser, and to that extent put the appellant in his place. If the interest of the defendant in any specific piece of his deceased father’s real estate had been sold upon these judgments, the purchaser would have taken title thereto precisely as John G. Landmesser held it, subject to reclamation by the orphans’ court for the purpose of carrying out the provisions of the will of Louis Landmesser, deceased: Horner & Roberts v. Hasbrouck, 41 Pa. 169. It is clear that the learned judge of the orphans’ court distributed the fund to the persons entitled to the same. Thspecifications of error are dismissed.
Decree affirmed, and -appeal dismissed at costs of appellant.