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· 5/17/1897

In re Estate of Grimm

Citations

  • 181 Pa. 233
  • 37 A. 403
  • 1897 Pa. LEXIS 533

Syllabus

<p>Liquor laws — License—Nature of the property in a liquor license — Decedents — Executors and administrators.</p> <p>A liquor license is a personal privilege which ends with the life of the licensee; it is not assignable by him, docs not go to his personal representatives,. and is not an asset of his estate.</p> <p>A licensed saloon keeper by his will gave all his property to his wife. The fixtures of the saloon and the stock of liquors were appraised at $50.00, and the widow became a purchaser of them from the executor at that price. She leased the property in which the business had been conducted by her husband, and two weeks after his death she petitioned the court of quarter sessions to transfer the license to her. Her petition was granted by the court, and she conducted the business on her own account for three months, when she sold the lease, good will, fixtures and stock then on hand for $3,000, and on her petition the license was transferred to the purchaser. The estate proved to be insolvent, and upon objection by a creditor to her right to retain the money she had received from the sale of the property she agreed, after the transfer of the license to the purchaser, that the money should be held by the executor as a stakeholder until the right was determined. Held, that the widow was entitled to the whole fund as against her husband’s creditors.</p>

Judges: Dean, Fell, Gkeen, Mitchell, Williams

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