Estate of Woodrow

Citations

• 144 Pa. 198
• 22 A. 810
• 1891 Pa. LEXIS 598

Syllabus

<p>1. Where land is sold under proceedings in the Orphans’ Court and purchase money is charged thereon as a dower principal, payment to the parties entitled on the death of the widow, may be enforced out of the real estate so sold, by proceedings in the Orphans’ Court under the act of May 17, 1866, P. L. 1096.</p> <p>2. In a proceeding to enforce such payment, where the purchaser of the land has died after devising the same by his will, it is error, on petition of the devisees, to bring in the executor of the deceased purchaser, and to order the dower principal to be paid out of the purchaser’s personal estate, in relief of the land.</p> <p>3. The right of the claimants of the fund are paramount; and the equities between the devisees and legatees, under the will of the purchaser, cannot be adjusted at the claimants’ expense. Distribution of the purchaser’s personal estate can be made only upon the audit of the executor’s accounts.</p>