Roberts v. Messinger

Citations

• 134 Pa. 298
• 19 A. 625
• 1890 Pa. LEXIS 703

Syllabus

<p>[To be reported.]</p> <p>1. While administration is the legally appointed, channel for acquiring an absolute title to the personal property of an intestate, such property passes, at his death, subject to the claims of creditors and the rights of a lawful administrator, to those legally entitled to the succession, who may in some cases maintain trespass, trover or account render, in respect thereof, although no administration has been had.</p> <p>2. If the widow of an intestate, who had no debts, retains articles of household use worth clearly less than $300, her possession is coupiled with such a qualified ownership as entitles her to maintain an action against a mere intruder for a tortious taking of them, although there has been neither appraisement under § 5, act of April 14, 1851, P. L. 613, nor an administration raised.</p> <p>3. If the property so retained, under a claim of the right so to do by virtue of said act of 1851, be given by the widow to her children, her right to make the gift cannot be questioned by any one except a duly appointed administrator of the estate of her husband, or by persons who were creditors of herself at the time it was made.</p> <p>4. A few days after her husband’s death, a widow gave to her minor children, residing with her, household goods, worth less than $300 and constituting her husband’s entire estate. Thereafter, the goods remained in the home of the mother and children and were used by the family as before, no administration being ever raised in the estate. In such case, the interest of the children was good against an execution for a debt contracted by the mother after the gift.</p>