Tourison's Estate

Philadelphia County Orphans' Court

Tourison's Estate

22 Pa. D. & C. 704, 1935 Pa. Dist. & Cnty. Dec. LEXIS 220

CourtPennsylvania Orphans' Court, Philadelphia County

DecidedMarch 29, 1935

Docketno. 1231 of 1933

StatusPublished

This text of 22 Pa. D. & C. 704 (Tourison's Estate) is published on Counsel Stack Legal Research, covering Pennsylvania Orphans' Court, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tourison's Estate, 22 Pa. D. & C. 704, 1935 Pa. Dist. & Cnty. Dec. LEXIS 220 (Pa. Super. Ct. 1935).

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Opinion

Klein, J.,

We are of the opinion that failure to index a suit in the judgment index within 1 year after the decease of the debtor, as required by section 15 of the Fiduciaries Act of June 7, 1917, P. L. 447, is fatal to the preservation of a lien against the real estate of a decedent. The reason for failure to index is immaterial.

The auditing judge correctly decided that the decree of the Court of Common Pleas No. 3 of Philadelphia County dismissing the rule taken by the heir to strike off the entry of the suit against the estate in the judgment index nunc pro tunc was not res adjudicata as to the effect of the entry on the preservation of the lien.

Nothing can profitably be added to what the auditing judge has so properly written. For the reasons given and the authorities cited by him, the exceptions are all dismissed, and the adjudication is confirmed absolutely.

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Klein, J.,

We are of the opinion that failure to index a suit in the judgment index within 1 year after the decease of the debtor, as required by section 15 of the Fiduciaries Act of June 7, 1917, P. L. 447, is fatal to the preservation of a lien against the real estate of a decedent. The reason for failure to index is immaterial.

The auditing judge correctly decided that the decree of the Court of Common Pleas No. 3 of Philadelphia County dismissing the rule taken by the heir to strike off the entry of the suit against the estate in the judgment index nunc pro tunc was not res adjudicata as to the effect of the entry on the preservation of the lien.

Nothing can profitably be added to what the auditing judge has so properly written. For the reasons given and the authorities cited by him, the exceptions are all dismissed, and the adjudication is confirmed absolutely.

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Bluebook (online)

22 Pa. D. & C. 704, 1935 Pa. Dist. & Cnty. Dec. LEXIS 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tourisons-estate-paorphctphilad-1935.