Opinion
March 21, 1939.
April 10, 1939.
Decedents' estates — Debts — Interest — Claim of creditor — Mortgage.
A contention that a creditor of a decedent's estate which, along with other creditors, had been given an interest in a mortgage created on decedent's real estate in the amount of its then existing claim, was not entitled to interest from the date of the mortgage, was held not to be supported by the record on appeal.
Argued March 21, 1939.
Before SCHAFFER, MAXEY, DREW, LINN, STERN and BARNES, JJ.
Appeal, No. 90, March T., 1939, from decree of O. C. Fayette Co., Sept. T., 1933, No. 33, in Estate of Mary D. Strickler, deceased. Decree affirmed.
E. Dale Field, with him Ella Graubart, for appellant.
William B. Parshall, of Henderson, Parshall Crow, for appellee.
In sustaining assignments of error to the adjudication of the executors' account, it was found that the decree provided for interest on certain claims from February 18, 1932, but that some of these claims had not come into existence until after that date. We said — "Among the persons to whom interests in the mortgage are directed to be assigned are several persons whose claims did not come into existence until long after February 18, 1932. They would of course not be entitled to interest from February, 1932. We have no doubt this fact was overlooked through inadvertence but it is an error that may be corrected. On the return of the record the parties should have opportunity to be heard on the subject in order that proper adjustment may be made." ( 328 Pa. at 155.)
See Strickler's Estate, 328 Pa. 145, 154, 195 A. 134.
The learned court below, on the return of the record, revised the decree, as to the claims in question, by awarding interest from August 15, 1936; no complaint is now made of that, but appellant renews its contention that the bank is not entitled to interest from the earlier date; we find no support in the record for that contention.
Decree affirmed at appellant's costs.