Beyer v. Keylor

Citations

• 45 Pa. Super. 389
• 1911 Pa. Super. LEXIS 54

Syllabus

<p>Decedents’ estates—Lien on real estate—Expenses of administration— Costs of suit pending at death—Statute of limitations—Act of June 14, 1901, P. L. 562.</p> <p>Where the plaintiff in an action of trespass dies pending the action, and her administrator is substituted as plaintiff, and subsequently judgment goes against the plaintiff, and the latter’s costs are taxed and confirmed by the court, such costs are part of the expenses of administration of the plaintiff’s estate, and are not within the terms of the Act of June 14, 1901, P. L. 562, which limits the lien of decedent’s debts on real estate to two years after the death of the decedent. The words of the act are “debts of a decedent,” and the costs in question are .in no sense of the term a debt of the decedent, existing at the time of her decease. They are merely expenses of administration, and are collectable out of real estate if there is a deficiency of personalty.</p>