Wohlsen's Estate

Citations

• 262 Pa. 93
• 104 A. 869
• 1918 Pa. LEXIS 595

Syllabus

<p>Executors and administrators — Decedent’s estates — Beal estate —Sale for payment of debts — Disposition of proceeds — Payment of indebtedness on other realty — Surcharge.</p> <p>Where a testator who possessed no personalty left two tracts of land, both of which were mortgaged, and a subsequent judgment note for a sum greater than the equity in the realty was of record in trust for decedent’s creditors as of the time of its entry, and a sale of one of the tracts for the payment of debts was held, under order of court, the executrix was not justified in appropriating the proceeds thereof to the payment of taxes, repairs and mortgage interest accruing on the second tract after the sale, and she was properly surcharged to such extent.</p>