Jones's Estate

Citations

• 275 Pa. 143
• 118 A. 647
• 1922 Pa. LEXIS 466

Syllabus

<p>Decedents’ estates — Sale of real estate — Payment of debts — Divesting lien of mortgage — Orphans’ court sale — Mortgage—Personal property — Acts of May 19,1898, P. L. 110, and June 7,1,917, P. L. W.</p> <p>1. The personal estate is the primary fund for payment of the debts of a decedent, and of those secured by bond and mortgage as well as others.</p> <p>2. The fact that a debt secured by a bond and mortgage is not due, does not preclude it from sharing either in the distribution of the personal estate or of the proceeds of the real estate, when so sold as to divest the mortgage lien.</p> <p>3. The fact that a mortgage lien will be discharged by a sale, necessarily implies the right to include the debt secured thereby as one for the payment of which the sale is ordered.</p> <p>4. Where the personal property of a decedent is insufficient to pay debts, including a mortgage debt, and the mortgagee, under the Acts of May 19, 1893, P. L. 110, and June 7, 1917, P. L. 447, files a stipulation that the sale shall be made divested of the lien of the mortgage, the orphans’ court will direct a sale of the decedent’s real estate for payment of debts.</p>