Elmina C. Landis died intestate on September 2, 1932, leaving to survive her a son, Samuel M. Landis, sole heir. For many years, from February 2,1923, up to the day of her death, decedent was an inmate of the Lancaster County Hospital, duly committed to that institution as a weak-minded person.
The account of the Farmers Trust Company of Lancaster, her guardian, was filed in the court of common pleas on September 17, 1932, showing a balance of $4,-347.22. After the death of decedent this balance was paid to Samuel M. Landis, administrator, who filed his account May 18, 1934, showing a balance of $4,006.21. This account was called for audit on June 21, 1934, and was finally closed on July 2, 1934.
At the audit the Lancaster County Hospital presented a claim for maintenance from February 2,1923, to September 2, 1932, the day of decedent’s death, for $1,998.85, being at the rate of $4 per week. At the same time the Commonwealth of Pennsylvania presented a claim for maintenance of decedent for the same period for $1,-
“To Farmers Trust Company of Lancaster, creditor:
$32 participating certificate in the unliquidated assets of Farmers Trust Company of Lancaster........... $32.00
“To Commonwealth of Pennsylvania, creditor:
Cash .................... $584.50
Participating certificate in the unliquidated assets of Farmers Trust Company of Lancaster of......... 415.79
- — $1,000.29
*33 “To Directors of the Poor for the County of Lancaster, creditor:
Cash ....................$1,169.11
Participation certificate in the unliquidated assets of Farmers Trust Company of Lancaster of......... 829.74
-$1,998.85
“To Samuel M. Landis:
16 shares stock Farmers Bank and Trust Company of Lancaster; participating certificate in the unliquidated assets of Farmers Trust Company of Lancaster of......... $796.07”
Exceptions were filed by the State of Pennsylvania, by the Directors of the Poor of Lancaster County and by Samuel M. Landis, son and heir of decedent. The exceptions filed by the State and the directors of the poor relate to the award on account of their claims to each of them of a participation interest in the unliquidated assets of the old trust company, it being contended the claims should be paid in cash inasmuch as they are creditors of decedent. The exceptions filed by the son specifically object to the allowance of the claim of the directors of the poor for a period of more than 6 years.
We will now consider these exceptions, taking up, first the claims of the State and the directors of the poor. We are satisfied these exceptions must in principle be sustained. As creditors of the decedent they are undoubtedly entitled to be paid in cash and are not obliged to take as part payment participation interests in the unliquidated assets of the Farmers Trust Company. They may demand that the administrator sell the assets of decedent and pay creditors in cash. In this particular case, however, such a sale could not in our opinion be made at
The exceptions filed by the State and directors of the poor are sustained as indicated.
We will now consider the exception filed by Samuel M. Landis, the son and heir of decedent. The contention of this exception is to the allowance of the claim of the directors of the poor for a period of more than 6 years. No such exception is filed to the claim of the Commonwealth. In other words, though admitting the service performed by the poor authorities in the maintenance of his mother and the correctness of the charges, the son has chosen to plead the bar of the státute of limitations against a part of the claim. This is in the face of a moral and legal liability on the part of the son to maintain his mother whenever her condition required care and treatment in an institution. The equities are all in favor of the claim and against the son. It would be unjust and inequitable if the son were permitted to enjoy any part of his mother’s estate until all cost of her maintenance, care, and treatment is paid. We are not informed why this claim and the claim of the State were not earlier presented to her committee, the Farmers Trust Company. It is fair to presume it was not known to either
“In all suits, claims, or demands of any poor district for maintenance and support against the real or personal estate or property rights of any pauper the statute of limitations shall not avail as a defense.”
It is contended by exceptant that: (1) The Lancaster County Poor District operates under special acts and does not come within the provisions of The General Poor Relief Act of 1925, supra; (2) that the title to The General Poor Relief Act of 1925 is not sufficiently broad to cover a provision which would remove the right to plead the statute of limitations; and (3) that the administration of matters concerning weak-minded persons and lunatics is controlled by the Mental Health Act of July 11,1923, P. L. 998.
We have no disposition to enter upon a discussion of the meaning of the word “pauper” as used in the section of the Act of 1925 above quoted. We hold that in the instant case decedent was an inmate of the Lancaster Hos
In Webster’s New International Dictionary a “pauper” is defined as “one who receives aid from public poor funds.”
See Opinion of The Justices, 124 Mass. 596, where it is stated that the word “pauper” means “persons receiving-aid and assistance from the public, for themselves or their families, under the provisions made by law for the support and maintenance of the poor.”
The word “pauper” is used to designate those persons whose support imposes a burden on the public treasury: Weeks et al. v. Mansfield et al., 84 Conn. 544.
The substance of the above citations is that whoever becomes a public charge and is maintained as such is a “pauper” under the law. That decedent was a public charge is not denied. In Erisman, Trustee, v. Directors of the Poor, etc., 47 Pa. 509, 513, Thompson, J., said:
“A lunatic who is a charge on the public, is charged as a quasi pauper, and the township or district primarily liable for maintenance, may look to any estate that may belong to such person, or to his or her relatives, who by law are answerable to reimburse. ... It sometimes happens that a pauper charged on a district is discovered to have rights that are valuable: according to the argument carried to its legitimate results, the heirs might claim it in preference to the district, because the pauper was comfortable enough by the public munificence. Such a result is not to be thought of.”
If there is anything in the Mental Health Act of 1923, supra, not consistent with the Act of 1925, it must be held to be superseded by the latter act, which provides in section 8 as follows: “The provisions of this act shall supersede and prevail over any previous enactments, ordinances, regulations, and rules found to be inconsistent or incompatible herewith.” Likewise it must be held that the above section of the Act of 1925 supersedes any provisions of all local acts relating to the Lancaster County Poor District inconsistent therewith.
It will be noted that the Act of May 14, 1925, P. L. 762, is a general comprehensive act relating to poor relief. It is a general poor relief act and the title is as follows:
“An Act Concerning poor relief and the creation and government of poor districts and the administration of the same in all counties of the Commonwealth, except in counties of the first and second class; and revising, amending, consolidating, and changing the law relating thereto.”
It is contended by exceptant that the above title does not sufficiently express its purpose when it declares in section 1016 that “In all suits, claims, or demands of any poor district for maintenance and support against the real or personal estate or property rights of any pauper the statute of limitations shall not avail as a defense”; and that, therefore, as to such section it violates article in, sec. 3, of the Constitution and is void. We do not sustain this contention. We believe that, as the Act of 1925 is a general comprehensive act “Concerning poor relief and the creation and government of poor districts”, in the class of counties embracing Lancaster County, its title gives sufficient notice of its purpose to
Most of the contentions of the exceptant, however, become unimportant now that the patient, for whose care and maintenance these claims are made, is dead. They have become proper claims against her estate. If payment had been sought during her lifetime they would have been maintainable against her estate in the hands of the guardian. The jurisdiction of the court of common pleas and the authority of its committee cease at
We are also of the opinion that the Act of May 14, 1925, P. L. 762, sec. 1016, applies, and that in the instant case the statute of limitations does not prevail as a defense: Renovo Borough v. Snyder, Guardian, 13 D. & C. 211. We dismiss the exception filed by Samuel M. Landis, son and heir of decedent.
'We sustain the exceptions-filed by the State of Pennsylvania and the Directors of the Poor of Lancaster County; and will file an amended adjudication distributing the cash only in the hands of the administrator, directing him to retain the other assets of the estate for a future accounting as indicated in this opinion. . . .
As amended, the adjudication filed September 27,1934, is confirmed absolutely.
