Reading Trust Co. v. Pennsylvania Trust Co.

Citations

• 26 Pa. Super. 599
• 1904 Pa. Super. LEXIS 363

Syllabus

<p>Executors and administrators — Decedent’s estates — Creditors—Real estate.</p> <p>Where a creditor of a decedent goes into the orphans’ court, and secures an adjudication of his claim and a decree against the executor awarding him his debt out of the personal estate, he cannot thereafter proceed against real estate of the decedent in the possession of a devisee. In such a case it is immaterial that the devisee may have participated in the distribution of the personal estate. The executor is alone responsible, and the creditor cannot even insist on restitution by the devisee to the executor.</p>