Smith v. Ribblett

Citations

• 233 Pa. 300
• 82 A. 245
• 1912 Pa. LEXIS 820

Syllabus

<p>Decedents’ estates — Real estate — Action—Lien of debts — Guardian and ward — Orphans’ court sale — Act of February 4,1884, P• A TO.</p> <p>A petition by a ward filed in 1894 for the appointment of an auditor to state an account against her guardian who died in 1891, which resulted in an adjudication against the guardian’s estate, and a sale of real estate by an order of the orphans’ court in 1900 for the payment of the guardian’s indebtedness, was not an “action” within the meaning of the Act of February 4, 1834, P. L. 70, which provided that no debts of the decedent, except those secured by mortgage or judgment, should remain a lien on the real estate of the decedent longer than five years after his decease, unless an action for the recovery thereof should be commenced and duly prosecuted against his heirs, executors or administrators within the period of five years after his decease, and no title to the real estate passed by the sale.</p>