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27 Pa. 121

Runyan's Appeal

Supreme Court of Pennsylvania

Decided July 1, 1856

Supreme Court of Pennsylvania · decided 1856-07-01

William Hendershot died in October, 1854, and letters of administration on his estate were granted to John D. Kunyan, the appellant. An appraisement was had, and, at the instance of the widow, property to the amount of $300 was set apart for her, and returned to and’ approved by the Orphans’ Court, on the 4th December, 1854.

Good law ✅— No negative treatment on recordhow we know

Decided 1856-07-01

How this case has been cited

Cited by 5 later decisions — most recently July 1950

5 state decisions

1018561860187018801890190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1The opinion of the court was delivered by

Black, J.

¶2The appellee was a creditor of William Hendershot, deceased. But the administrator of Hendershot, before he had notice of the appellee’s claim, caused an inventory and appraisement to be made of the decedent’s goods amounting to $300 for the use of the widow, under the Act of 14th April, 1851. This appraisement was duly certified, confirmed by the Orphans’ Court, and filed among the records.

¶3We think that the confirmation of the appraisement was an adjudication of the property mentioned in the inventory to the widow.' It was conclusive against the creditor, for it was a judgment in rem which determined for ever the status of a thing, and was binding upon all the world. Afterwards it was the widow’s property absolutely. The administrator could not lawfully detain it from her an hour. She might carry it off, sell it, or give it away. The administrator is therefore not chargeable with it, and if the creditor can find no other funds to make his debt out of, he •must lose it.

¶4It is by this court considered and adjudged, that the decree of the Orphans’ Court of Columbia county surcharging the appellant’s account in the estate óf William Hendershot with the sum of $299.93f, for property set apart and appraised for the use of the widow, be reversed, and that the said charge against the appellant be stricken out, and the account being thus reformed is to be confirmed.

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