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· 7/17/1919

Myers v. Lohr

Citations

  • 72 Pa. Super. 472
  • 1919 Pa. Super. LEXIS 350

Syllabus

<p>Constitutional law — Decedents’ estates — Lien of debts — Act of June 7,1917, P. L. W (Fiduciaries Act).</p> <p>Tbe Act of June 7, 1917, P. L. 447, Section 15, Clause (a) (Fiduciaries Act), is constitutional, in so far as it provides that no debts, etc., of a decedent shall remain a lien on his real estate any longer than one year after the decease of such debtor, unless within, said period an action for the recovery thereof be brought against the executor or administrator of such decedent. Nor does the provision contained in said act — clause, (c) — which declares the foregoing provision to be retroactive render the act unconstitutional.</p> <p>The term ex post facto, as used in the Constitution of the United States and of this State, is .limited to penal statutes, and the Fiduciaries Act of 1917, does not come within that category.</p> <p>Retroactive laws are not in violation of the Constitution which' do not work an impairment of contracts, and which affect remedies of procedure only.</p>

Judges: Head, Henderson, Keller, Orlady, Porter, Trexler, Williams

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