Aschenbach v. Carey

Citations

• 224 Pa. 303
• 73 A. 435
• 1909 Pa. LEXIS 783

Syllabus

<p>Decedents’ estates — Diquor license — Executors and administrators.</p> <p>1. While a license for the sale of liquor is not in itself marketable, yet as it is granted for a particular place, it may add materially to the value of the fixtures, good will and unexpired term of the lease, if there be any. These an executor or administrator has for sale and they form part of the assets of the decedent’s estate, for which it is his duty to obtain the best price possible, either by public or private sale.</p> <p>2. Though a liquor license is not, per se, an asset of the estate of a decedent to whom it was issued, the representative of such estate can make no personal profit through it, and if he chooses to make of it a valuable asset for the estate, on no principle ought it be taken from the estate and made an asset of his own to satisfy his creditors. If a license is not per se an asset of an estate, it certainly is not an asset of anyone else.</p> <p>3. Where an administrator has a liquor license granted to the decedent transferred to himself individually, but pays transfer charges and subsequent renewals out of moneys of the estate, deposits the moneys from the business in a bank for the benefit of the estate, and pays therefrom the expenses of the business, reserving nothing for himself, not even commissions, a personal creditor of the administrator cannot attach such moneys or the proceeds of the sale of such license as the individual property of the administrator.</p>