Elsasser's Estate

Superior Court of Pennsylvania

Elsasser's Estate

17 Pa. Super. 622, 1901 Pa. Super. LEXIS 371

CourtSuperior Court of Pennsylvania

DecidedJuly 25, 1901

DocketAppeal, No. 103

StatusPublished

Cited by1 cases

This text of 17 Pa. Super. 622 (Elsasser's Estate) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Elsasser's Estate, 17 Pa. Super. 622, 1901 Pa. Super. LEXIS 371 (Pa. Ct. App. 1901).

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Opinion

Per Curiam,

The decedent died in November, 1896, leaving real and personal property. A week later let.ters of administration were issued to his widow, the appellant. She sold the property and accounted for part of the proceeds. Upon exceptions to her account she was surcharged with the proceeds of the sale of personal property not accounted for, and upon distribution, in June, 1900, she for the first time claimed her exemption out of the fund. The estate is insolvent. In these circumstances we are of opinion that the claim was properly disallowed. As [623]*623was said in Hufman’s Appeal, 81 Pa. 329, “ She has not qualified herself, under the terms of the statute, to partake of this fund.” This is clearly shown by the learned judge of the court below, upon whose opinion the decree is affirmed.

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Per Curiam,

The decedent died in November, 1896, leaving real and personal property. A week later let.ters of administration were issued to his widow, the appellant. She sold the property and accounted for part of the proceeds. Upon exceptions to her account she was surcharged with the proceeds of the sale of personal property not accounted for, and upon distribution, in June, 1900, she for the first time claimed her exemption out of the fund. The estate is insolvent. In these circumstances we are of opinion that the claim was properly disallowed. As [623]*623was said in Hufman’s Appeal, 81 Pa. 329, “ She has not qualified herself, under the terms of the statute, to partake of this fund.” This is clearly shown by the learned judge of the court below, upon whose opinion the decree is affirmed.

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Bluebook (online)

17 Pa. Super. 622, 1901 Pa. Super. LEXIS 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elsassers-estate-pasuperct-1901.

Opinion

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