Estate of Graves

Citations

• 134 Pa. 377
• 19 A. 684
• 1890 Pa. LEXIS 714

Syllabus

<p>[To be reported.]</p> <p>3. The act of April 14, 1851, P. L. 613, clearly confers upon the widow or children of a decedent the right to elect in what property they will take the exemption thereby allowed, whether realty or personalty, with the single restriction that a selection of real estate shall not impair any lien for its purchase money.</p> <p>3. A creditor of an insolvent estate may intervene to prevent the confirmation of an unfair and inadequate appraisement, but he cannot control the election given by the statute; nor does the holder of an ordinary judgment lien have any better standing in this respect than general creditors.</p> <p>3. Such judgment lien is subordinate to the claim of the widow or children, and is no obstruction to the exercise of their right of election; its holder has no right to demand that the widow select personalty which she does not want, in order to benefit him at the expense of other creditors.</p>