Landmesser's Estate

Citations

• 13 Pa. Super. 467
• 1900 Pa. Super. LEXIS 180

Syllabus

<p>Decedent's estate — Excessive distribution to legatee — Equalization from proceeds of real estate — Judgment creditors of legatee.</p> <p>Where a legatee has been overpaid out of the personal estate beyond his distributive share, whether because of peculiar influence with the executors or because he was one of them, the amount must be charged against him at the next distribution, and he is entitled to no further distribution until the shares of the other distributees are equalized. That the fund for subsequent distribution is the proceeds of real estate is of no consequence. Neither does a judgment creditor of the legatee stand in any better position than his debtor, nor was it necessary that the finding of the orphans’ court of a definite surcharge should be certified to the common pleas under the Act of March 29,1832, P. L. 197, see. 29, as that act has no application to property that is within the custody and control of the orphans’ court.</p>