Moll Estate

Philadelphia County Court of Common Pleas

Moll Estate

11 Pa. D. & C.2d 376, 1957 Pa. Dist. & Cnty. Dec. LEXIS 173

CourtPennsylvania Court of Common Pleas, Philadelphia County

DecidedOctober 3, 1957

Docketno. 2438 of 1957

StatusPublished

This text of 11 Pa. D. & C.2d 376 (Moll Estate) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Moll Estate, 11 Pa. D. & C.2d 376, 1957 Pa. Dist. & Cnty. Dec. LEXIS 173 (Pa. Super. Ct. 1957).

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Opinion

Klein, P. J.,

The appearance slip entered at the audit on September 18, 1957, by Bernard I. Shovlin, Special Assistant Attorney General, on behalf of the Commonwealth of Pennsylvania, claims the principal and income of the estate “to be [377]*377paid into the State Treasury with escheat, under the provisions of the Intestate Act of 1947, P. L: 80”.

This claim is not in accord with the past practice of the State’s representative. Heretofore the Commonwealth has maintained that distribution to it under section 3(6) of the Intestate Act of April 24, 1947, P. L. 80, is not by way of escheat but as an heir of decedent. The methods by which the Commonwealth may claim the estates of persons who die without leaving eligible next of kin have been clearly set forth by this court in Rhodes and Hannebauer Estates, 71 D. & C. 330 (1950). There is a serious question whether the Commonwealth can take both as an heir under the Intestate Act and “with escheat”. It will therefore have to elect in which manner it chooses to claim this fund.

The case is accordingly continued generally.

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Klein, P. J.,

The appearance slip entered at the audit on September 18, 1957, by Bernard I. Shovlin, Special Assistant Attorney General, on behalf of the Commonwealth of Pennsylvania, claims the principal and income of the estate “to be [377]*377paid into the State Treasury with escheat, under the provisions of the Intestate Act of 1947, P. L: 80”.

This claim is not in accord with the past practice of the State’s representative. Heretofore the Commonwealth has maintained that distribution to it under section 3(6) of the Intestate Act of April 24, 1947, P. L. 80, is not by way of escheat but as an heir of decedent. The methods by which the Commonwealth may claim the estates of persons who die without leaving eligible next of kin have been clearly set forth by this court in Rhodes and Hannebauer Estates, 71 D. & C. 330 (1950). There is a serious question whether the Commonwealth can take both as an heir under the Intestate Act and “with escheat”. It will therefore have to elect in which manner it chooses to claim this fund.

The case is accordingly continued generally.

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Bluebook (online)

11 Pa. D. & C.2d 376, 1957 Pa. Dist. & Cnty. Dec. LEXIS 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moll-estate-pactcomplphilad-1957.