Source:Debts-of-a-decedent
"The debts of a decedent: They are a lien upon his property for five years: So Judge Hawkins decides—the court news of yesterday—new suits, &c." Daily Post (Pittsburgh), May 4, 1883, [p. 4]. Newspapers.com 86358787.
Judge Hawkins, in the Orphan's Court, filed a lengthy and important opinion yesterday in the matter of the estate of Wm. McKee. Wm. McKee died Sept. 28, 1878, and directed his executors to assume control of his real estate, and if necessary, sell it and appropriate the proceeds to the payment of his debts, and on the satisfaction of these, to distribute the remainding [sic] sum equally to his son, Jas. L. McKee, and Elizabeth M. Yoder, his daughter. The property consisted of two houses on the corner of Fifth avenue and Wylie streets; two houses on Fifth avenue, and a homestead, upon which there were mortgages aggregating $24,850, in addition to which he owed $2,400 to various parties. Of the latter about $1,700 passed into the hands of Mr. Yoder. The executors assumed the duties of their trust, and exercised it until February 1, 1881, when, by agreement, the real estate was partitioned between the heirs, subject to the incumbrances [sic], and the executors were discharged. Mr. McKee took possession of the houses on Fifth avenue, and Mrs. Yoder the homestead and the others. Mr. McKee, finding he could not sell his property, divested of the lien of the testator's debts, a petition was presented, and by the consent of all parties, the executors were reinstated in their trust. The executors then sold the Fifth avenue property, charged themselves with the proceeds, and credited themselves with the mortgages, and were ready, on confirmation of their accounts, to have the mortgages marked satisfied. The executors also claimed credit for the payment of $9,654 85 to Jas. L. McKee, as residuary legatee, to which creditors of decedent objected. The whole balance, after deduction of the prior mortgage, being required to pay decedent's debts, the following of which were probated: Mortgages on land taken by Mrs. Yoder, $12,735 66, and note secured by mortgage on same property $2,150. It was objected that these debts should not be paid out of the proceeds of said sale, because of the partition had between Mr. McKee and Mrs. Yoder, and the arrangement made by them for their payment, as the payment of them had been assured with the consent of the creditors. The latter denied they had given any such consent. Judge Hawkins decided, in his opinion, that the balance arising from the sale of the Fifth avenue property was liable for the payment of the bonds accompanying the mortgages upon the other property, upon the ground that all debts of a decedent are a lien upon his real estate for the period of five years after the time of his decease.
Benjamin W. Morgan filed his affidavit of defense yesterday to the suit of Arie Pinedo to recover against him $9,000 alleged to be due on a certain promisory [sic] note. The plaintiff is now a resident of the West Indies and the note sued upon was made in Utah, where it is lawful to charge interest at the rate of one per cent. per month, and the plaintiff claims interest at that rate, and also attorney's commission. The defendant says the note is not his, but was made by the Central Smelting and Refining Company, of which he was President, and was for the debt of the company and not an individual debt.
W. F. Murdock has brought suit against B. F. Jones and Mary M. F. Jones to recover $20,000 damages for injuries received through the alleged carelessness of the defendants, who are the owners of the Seventh Avenue Hotel. Last fall the plaintiff, while walking in front of the hotel, fell through the pavement into a vault beneath, and sustained injuries which for a time threatened to prove fatal.
B. W. Morgan has filed his affidavit of defense to the suit of Thomas W. Davis to recover about $1,500 advanced to Morgan in 1872, and which, it is understood, was used for election expenses. Mr. Morgan says that all advances made by Mr. Davis at that time were made to the Executive Committee of the Republican Party, and were not loans to him personally, and that the plaintiff so understood at the time.
The trial of the suits of Mary Ella Roberts, Thomas B. Roberts and Ella Gilleland against Mellor, Hoene & Hendricks and the Pittsburgh Exposition Society, an action for damages, was concluded in Common Pleas No. 1 yesterday, the jury in each case finding against the Exposition society and in favor of Mellor, Hoene & Hendricks, for Mary Ella Roberts, in the sum of $320, for Thomas B. Roberts in the sum of $145, and for Ella Gilleland in the sum of $1,145 75.
In the case of Bessie Nash against Welty Bros., tried in Common Pleas No. 1, a verdict was given in favor of the plaintiff. This was an action in replevin to recover certain household furniture taken by Welty Bros. as the property of Geo. B. Nash, and which the plaintiff claimed was owned by her.
Subpœnas in divorce were awarded in Common Pleas No. 1 in the following proceedings: James Daniel against Margaret Daniel; Maggie B. Ford against J. C. Ford; Emma Hamill against John Hamill, and Isabella P. Worthington against Henry Worthington.
In the case of G. W. Coffin against D. W. C. Carroll & Co., an action for damages for maintaining a nuisance, reported yesterday, and which was given to the jury Wednesday afternoon, the jury has not yet returned a verdict, and from present indications are liable to stay out for some time.
Another hearing was heard before Commissioner Hasbrouck yesterday in the Nevin Woodside case, but nothing new of interest was elicited.
An injunction was granted in Common Pleas No. 2 to restrain the Masonic Bank and James Latshaw from negotiating a note given by one McCabe.
The trial of George Eichler, charged by Mrs. McChestney with assault and battery with intent to commit a rape, was concluded in the Criminal Court yesterday. The jury returned a verdict of "guily [sic] as indicted."
J. S. Slagle, arbitrator in the case of Eliza S. Clark against the West Penn Railroad Company, filed his award yesterday, allowing the plaintiff $400 damages.
In the libel suit of the Waverly Coal Co. against the Labor Tribune, the plaintiffs have been ordered to amend their declaration, and make it more specific as to the allegations of libel.
Common Pleas No. 1.—Munson vs. Nash (3), Williams vs. Pittsburgh and Birmingham Railway Company, Commonwealth of Pennsylvania vs. P., McK. & Y. R. R. Co., McKenna vs. Maxwell, Giebner vs. Nahamacher, Fox vs. City of Pittsburgh, Cosgrave vs. McCloskey et al., Shupe vs. Harris & Bro., Crawford vs. Leishman, Hughes vs. Evans, Heller et al. vs. Swan et al., Barker vs. O'Neill et al.
Common Pleas No. 2.—Dunn & Co. vs. Rigby & McCord, Born vs. Allegheny & Perrysville Plank Road Co., Schank vs. Pennsylvania Company, Turner vs. Irwin, Lang vs. Fey, Negley vs. Y Wasg Printing Company, Henry, executor, vs. Winterhalter, Meach vs. Pittsburgh Southern Railroad Company.
