In re Codori

Citations

• 207 F. 784
• 1912 U.S. Dist. LEXIS 961

Syllabus

<p>Bankruptcy (§ 262*)—Real Estate—Sale by Trustee—Dower.</p> <p>Bankr. Act July 1, 1S9S, e. 541, § 47a (2), 30 Stat. 557 (U. S. Comp. St. 1901, p. 343S), as amended by Act Juné 25, 1910, e. 412, § 8, 36 Stat. 840 (U. S. Comp. St. Supp. 1911, p. 1500), provides that the trustee shall be deemed vested with all the rights, remedies, and powers of a' creditor holding a lien by equitable or legal proceeding on the bankrupt’s property. Held that, since in Pennsylvania a widow is entitled to dower only-in what remains of her husband’s estate after payunent of debts, an order directing a bankrupt’s trustee to sell his real property-located in Pennsylvania free of liens contemplated a sale discharged of the inchoate dower right of the bankrupt’s widow; and hence a sale subject to such rights would not be confirmed.</p> <p>[Ed. Note.—For other cases, see Bankruptcy, Cent. Dig. §§ 363-365; Dec. Dig. § 262.*]</p>