persons to whom or for whose use payment or satisfaction shall be so made, in any 29 March 1832 § 37. of the cases aforesaid, for their respective parts or shares of such real estate, shall be forever barred of all right or title to the same. P. L. 201. Ibid. § 88. 188. When equal partition in value cannot be made by the seven men appointed as aforesaid, or by the said inquest, they shall make a just appraisement of the If equal partition respective purparts or shares in which they may divide the estate;(p) and there- cannot be made, upon the court may order the said purparts or shares successively to the persons the purparts to be entitled to make choice therefrom, in the order and according to the rules enacted to the parties entivalued, and offered in the preceding section, where the estate cannot conveniently be divided; and tled. they shall award that one or more purparts or shares shall be subject to the pay- Purparts to be ment of such sum or sums of money as shall be necessary to equalize the value of charged with the said purparts, according to the said appraisement thereof; which sum or sums owelty. of money shall be paid or secured to be paid, by the several persons accepting such purparts, in the manner prescribed in the foregoing section.(q) Ibid. § 39. 189. When such estate cannot conveniently be divided into as many shares as there are parties entitled, the seven men appointed as aforesaid or the said inquest Proceedings where shall make a just appraisement of the respective purparts or shares into which they estate is divided may divide the estate, and thereupon the court may order the shares successively into fewer shares to the parties entitled, to make choice therefrom, in the order and according to the than parties entirules herein before provided for the case where the estate cannot conveniently be divided, they, or some one in their behalf, paying or securing to be paid to the other parties interested, their respective parts of the value thereof, in the manner prescribed as aforesaid. tled. Ibid. § 40. rule on the parties 190. In all cases of appraisement or partition mentioned in the preceding section, (r) the orphans' court shall, on application, grant a rule on all persons interested, to come into court, at a certain day by them to be fixed, to accept or refuse Court to grant a the estate, or a share or portion thereof, as the case may be; and in case the party to accept or refuse entitled to a choice do not come into court, (s) in person, or by guardian(t) or to take at the apattorney duly constituted, or in case he shall refuse the same,(u) a record shall be made thereof, and the court may and shall direct the same to be offered to the next in succession, according to the rules herein before provided. praisement. Ibid. § 45. The same person 191. In any case where one of the heirs of a decedent has elected to take the real estate of such decedent in one county, or any share thereof, if divided into shares, such heir shall not have the right of preference or election to take the real not to have preferestate or any share thereof in any other county, or any other share in the same ence to take lands county, until all the other heirs shall have neglected, after due notice, or refused in more than one to take the same at such valuation. county. 192. When the decedent leaves no lineal descendants, the like proceedings shall Ibid. § 46. be had in all respects, on the application of the persons in whom the estate shall Proceedings where vest in possession: Provided, That if there be a life-estate or life-estates with re- there are no lineal mainders over, (v) such remaindermen shall be made parties to the proceedings in descendants. partition,(w) and shall have the right to accept or refuse the premises, at any valu- In case of lifeation that may be made by seven men, appointed as aforesaid, or by an inquest, in estate, remainderthe same manner as the lineal descendants of a decedent, such remaindermen being bound by recognizance or other sufficient security, according to the direction of the court for the payment of the annual interest to the tenant or tenants for life ;(x) and thereupon the court shall give judgment, that the partition so made between them be and remain firm and stable forever, and that the costs thereof be paid by the parties concerned. men to be made parties, &c. 1844 § 1. P. L. 214. 193. In cases of partition of estates, made by any orphans' court, under authority 6 April of the acts relating to orphans' courts, and where the court shall have decreed any share or shares, to any heir or legal representative, not residing within this common- Court may decree wealth, with the payment of owelty annexed, it shall be lawful for the court, upon payment of owelty by non-residents. application made by any party lawfully interested in the same, to order a rule upon the party, his or her legal heirs or representatives, requiring the payment of said owelty, at such time and upon such terms and conditions as the court shall direct; and if the said rule cannot be served within this commonwealth, a publication How notice to be thereof, as directed by the first section of the act of the 26th day of March 1808, (y) served. relating to notice of partitions, shall be deemed an effectual service; and upon return and proof thereof, and upon refusal or neglect to comply with the said rule, recognizance, when the terms of it have been fixed by the court. Gregg's Appeal, 20 P. S. 148. It is good, though informally drawn, and no penalty be inserted. Riddle's Appeal, 37 P. S. 177. (p) See Daris's Estate, 4 Leg. Gaz. 77. (q) See infra 197. Sampson's Appeal, 4 W. & S. 86. Darrah's Appeal, 10 P. S. 210. (r) This only refers to the next preceding section. Sampson's Appeal, 4 W. & S. 89. (8) See Sankey's Appeal, 55 P. S. 491. It is not necessary that the rule to accept or refuse should be served by the sheriff. Horum's Estate, 59 P. S. 152. (1) A single guardian may act for several wards. Totten's Appeal, 46 P. S. 301. (u) The right to accept at the appraisement is gone by the neglect of the heirs to appear and accept on the return of the rule; if the property has advanced in value, a second chance of election should not be allowed. Wentz's Appeal, 7 P. S. 151. (v) This only applies to life interests in the estate of the decedent himself. Field's Estate, 14 Phila. 304. (w) This does not embrace contingent remainderSmith's Estate, 2 Del. Co. 423. men. (x) See Culbertson's Appeal, 76 P. S. 145. the court may enforce the same by ordering a sale of such share or shares, for the purposes aforesaid, as in other cases of sales, under the act of March 29th, 1832.(z) 194. In all cases of partition of real estate, in any court wherein a valuation shall have been made of the whole or parts thereof, the same shall be allotted to such one or more of the parties in interest, who shall, at the return of the rule to accept or refuse to take at the valuation, (a) offer in writing the highest price therefor above the valuation returned; but if no higher offer be made for such real estate, or any part thereof, it shall be allotted or ordered to be sold as provided by law. (b) 195. In all cases in the orphans' courts in this commonwealth in which real estate shall be taken by an heir or other person legally authorized to take the same, charged with owelty, payable to other heirs, or to others who hold the interest of such other heirs, the said courts shall have power to fix, for the payment of the principal of such owelty, such time or times as in the judgment of the court shall be to the advantage of those entitled to the estate: Provided, however, That the principal and annual payment of legal interest thereon be adequately secured. 196. The costs in all cases of partition in the common pleas or orphans' court of this commonwealth, with a reasonable allowance to the plaintiffs or petitioners for counsel fees, to be taxed by the court, or under its direction, shall be paid by all the parties, in proportion to their several interests.(c) (3.) Of the widow's interest. (d) 197. Should the widow of the decedent be living at the time of the partition, she shall not be entitled to payment of the sum at which her purpart or share of the estate shall be valued, but the same, together with interest thereof, shall be and remain charged upon the premises, (e) if the whole be taken by one child or other decedent of the deceased, or upon the respective shares, if divided as hereinbefore mentioned, and the legal interest thereof shall be annually and regularly paid by the persons to whom such real estate shall be adjudged, their heirs or assigns,(g) holding the same, according to their respective portions, to the said widow, during her natural life, in lieu and full satisfaction of her dower at common law, (h) and the same may be recovered by the widow by distress or otherwise, as rents in this commonwealth are recoverable.(i) On the death of the widow, the said principal sum shall be paid by the children, or other lineal descendants to whom the said real estate shall have been adjudged, their heirs or assigns, holding the premises to the persons thereunto legally entitled.(k) 198. In all cases in which the widow of an intestate now is, or hereafter shall be entitled, under the intestate laws, to a share of, or interest in, the real estate of her deceased husband, to which he was entitled at the time of his death, in common or in coparcenary with any other person or persons, if the co-tenants of the estate shall fail to make or obtain partition among themselves, so as to set out in severalty the portion appertaining to the intestate's estate, within one year after this act; and in all future cases, within one year after the estate of the intestate shall come to the possession of his representatives, the several orphans' courts in this commonwealth shall have authority, on the application of the widow, to call before them all parties having interest in the premises, and to order an inquest to value the (z) See infra 210. (a) If all the parties are present in court, the proceedings are not vitiated by the want of a rule to show cause. Dewart v. Purdy, 29 P. S. 113. See Horam's Estate, 59 Ibid. 152. (b) This act only warrants a single offer in writing, and the court can compel the parties to hand in their offers together, or to seal them up, until ordered to be opened. Klohs v. Reifsnyder, 61 P. S. 240. Bartholomew's Appeal, 71 Ibid. 291. And see Geibler's Estate, 1 Leg. Gaz. 58. Mason's Appeal, 41 P. S. 78. Emerick's Estate, 11 Phila. 74. (c) Under this act, the costs and compensation of counsel are to be taxed by the court. Snyder's Appeal, 54 P. S. 67. (d) See tit. "Dower." (e) Her interest is real estate. Miller v. Leidig, 3 W. & S. 458. Gourley v. Kinley, 66 P. S. 271. It is in the nature of a rent-charge. Mansell's Estate, 1 Pars. 367. And may be sold on execution. Shaupe v. Shaupe, 12 S. & R. 9. Thomas v. Simpson, 3 P. S. 69. It is not divested by a judicial sale. Mentzer v. Menor, 8 W. 296. Schall's Appeal, 40 P. S. 170. Helfrich v. Weaver, 61 Ibid. 385. And see Medlar v. Aulenbach, 2 P. & W. 355. Vandever v. Baker, 13 P. S. 121. Though in the nature of a rent-charge, it is not strictly a rent-charge; and therefore, a release of part of the land bound, will not discharge the whole. Jones's Appeal, 14 W. N. C. 313. (g) The assignee of the land is liable in assumpsit by the widow, Pidcock v. Bye, 3 R. 183; or her heirs, Shelly v. Shelly, 8 W. & S. 153, 160. Unangst v. Kraemer, Ibid. 399. And see Dech v. Gluck, 47 P. S. 403. But judgment should be entered de terris. Pidcock v. Bye, 3 R. 183. (h) It does not bar her dower in lands aliened by her husband in his lifetime. Leinaweaver v. Stoever, 1 W. & S. 160. Seider v. Seider, 5 Wh. 218. Borland v. Nichols, 12 P. S. 38. Or, of which he did not die seised. Galbraith v. Green, 13 S. & R. 93. (i) She is entitled to be paid one year's rent out of the proceeds of an execution. Turner v. Hauser, 1 W. 420. And may recover interest on the arrears. Stewart v. Martin, 2 W. 200. Van Syckle v. Pennsylvania Co., 5 Leg. & Ins. R. 107. If the lands be divided, she cannot make several distresses upon each part; she can distrain but once, and for the full amount. Shouffler v. Coover, 1 W. & S. 400. The personal representatives of a widow may distrain for arrears of interest due at the time of her decease, but not for such as may subsequently accrue. Henderson's Executor v. Boyer, 44 P. S. 220. The widow may maintain a personal action for her thirds, if the rents be insufficient for that purpose. Van Syckle v. Pennsylvania Co., 5 Leg. & Ins. R. 108. (k) See Shelly v. Shelly, 8 W. & S. 153. Unangst v. Kraemer, Ibid. 399. Williams v. White, 35 P. S. 514. P. L. 360. share or interest of the widow in the same, having reference to the intestate's pur- 24 April 1843 § 8. part; and upon return of the said inquest, and confirmation thereof, the said valuation and the interest thereof shall be and remain charged upon the premises, until partition shall be made as aforesaid; and the legal interest shall be annually and regularly paid to the said widow, until such partition, during her natural life, by the person or persons holding such real estate, and may be recovered by distress or otherwise, in like manner as in the case of a widow's share or purpart, charged upon real estate upon a partition in the orphans' court. And when partition of the Proceedings after said estate shall be thereafter made, so as to set out in severalty the part or share partition. appertaining to the said intestate's estate, the said orphans' court, on the application of the widow or any person concerned, shall have authority, by their decree, to charge the said valuation, in such manner as they shall deem just and equitable, upon the part or parts of the premises allotted in severalty, which appertained to the intestate's estate, and to discharge all other parts of the premises therefrom; and the said charge shall thereafter have the like force or effect upon the share of the estate which appertained to the intestate, and upon the holders thereof, and shall be payable and recoverable in like manner during the natural life of the widow, as if the said valuation had been charged upon the said real estate upon a partition in the orphans' court. And in all cases in which any partition among Where the prosuch co-tenants shall result in a sale, the share and interest of the said widow in ceedings result in the money arising from such sale, shall be entitled to the same protection as the share of intestates' widows is now entitled to by law. a sale. 7 Jan. 1867 § 1. P. L. 1367. 199. When the real estate of any decedent shall consist of several different tracts or pieces of land, and the same shall be adjudged to any of the parties entitled thereto, or ordered to be sold, by any of the orphans' courts of this com- Widow's share monwealth, such court shall have authority to decree that the share or purpart of may be charged on the widow of such decedent in the whole of said real estate, together with the the real estate. a particular part of interest thereof, shall be and remain charged on one or more of the said tracts or pieces of land, in the manner and for the purposes now provided by law, and that the remaining tracts or pieces of land shall be wholly discharged from the The remainder to share or purpart of such widow, or any part thereof: Provided, That the pieces be discharged or tracts of land, upon which such purpart or share shall be so charged as afore- therefrom. said, shall, in the opinion of such court, be fully sufficient to secure the payment of the principal and interest of such purpart or share: And provided further, That such widow, and the parties entitled to such purpart or share, at her death, shall have the same remedies for enforcing and recovering their respective interests in the same, as they now have by law. P. L. 160. 200. The orphans' court of York and Fayette counties shall have power, in all 18 Feb. 1867 § 1. cases of testacy, on the petition of the widow, if living, or in case of her death subsequent to that of her husband, on the petition of her personal representative, Widow's dower, to appoint three commissioners, or to award an inquest, in their discretion, for how appraised in the purpose of making partition or valuation, as the case may require, of the certain counties. dower of the widow in the real estate of such deceased husband; and the said court shall have power to make such decree thereon as shall secure the interest of such widow, or her representative, in the premises, as to law and equity may appertain. (4.) Recognizances. P. L. 206. 201. Where a recognizance hath heretofore been, or shall hereafter be taken 29 March 1882 § 50. in any orphans' court, on the acceptance of the real estate of a decedent at the valuation or appraisement thereof, as herein before provided for, and the same, or Satisfaction of reany part thereof, shall be satisfied or paid to the person or persons interested cognizance to be entered of record, therein, his, her or their agent or attorneys, any such persons so having received upon payment, &c. satisfaction of the amount coming to him, shall enter an acknowledgment thereof upon the record of such court, which shall be satisfaction and discharge of the said recognizance, to the amount acknowledged to be paid; and the recognizance shall cease to be a lien on the real estate of the conusor to a greater amount than the principal and interest actually remaining due.(1) Ibid. § 51. zance. 202. If any person who shall have received satisfaction as aforesaid, for his claim or lien secured by such recognizance, shall neglect or refuse to enter upon Penalty for refusthe record his acknowledgment thereof, upon the written request of the owner of ing to enter satisthe premises, bound by such recognizance, or of any part thereof, or of his legal faction on recognirepresentatives, or other persons interested therein, on tender of all the costs for entering such acknowledgment, within sixty days after such request and tender as aforesaid, such person, for every such default, shall forfeit and pay to the party aggrieved the sum of fifty dollars, absolutely, and any further sum, not exceeding the amount by such person received, as shall be assessed by a jury on a trial at law; or the orphans' court, on due proof to them, made that the entire amount Court may direct due to any heir, legatee or distributee, shall have been fully paid and discharged, satisfaction to be may make an order for the relief of such person from any recognizance or other entered, recorded lien; which order, being certified to the proper court where such lien (1) See Hancock's Estate, 1 Kulp 85. 29 March 1832 § 51. may appear, shall be entered on the records, and shall inure and be received as a full satisfaction and discharge of the same. P. L. 206. 26 April 1850 § 22. P. L. 581. Proceedings to enter satisfaction, removal of parties in case of death or entitled. Ibid. § 23. Proceedings to be 203. The provisions of the act of assembly, passed the 31st day of March 1823, entitled "An act relating to mortgages,"(m) shall extend and be applicable to all cases of any legacy or legacies, for the payment of which any real estate within this commonwealth is or may be chargeable, and to all recognizances in the orphans' court of any county of this commonwealth which are or may be liens upon any real estate within the same, in as full and particular a manner as if the several provisions of said act were here repeated at length. 204. The proceedings for the discharge and satisfaction of the lien of any such legacy or legacies, or any such recognizance, shall be the same as those prescribed had in the orphans' in the act referred to in the preceding section, in reference to the satisfaction of mortgages, except that with regard to the aforesaid recognizances, the proceedings shall be had in the orphans' court, upon whose records the said recognizances are found. court. 12 April 1855 § 1. P. L. 214. Calculations of sums payable by party accepting at the appraisement to be recorded. Fees. 13 April 1840 § 3. P. L. 820. 205. In all cases of partition in the orphans' court, where said court shall order and decree any party taking any portion of the estate at the appraisement, to give any recognizance for the payment of any part of the valuation, it shall be the duty of the clerk of said court, in all cases in which an auditor has not been. or may not be appointed by the said court, for the purpose of ascertaining advancements, making distribution among heirs and parties in interest, to make a calculation exhibiting the amounts due the respective parties in interest, and to record said calculation, when approved by the court, upon the docket of said court as a part of the proceedings in each case; for which services the clerk shall be entitled to a fee of one dollar. (5.) Confirmation of certain partitions. 206. All proceedings heretofore had in the orphans' court of this commonwealth, for the partitions of any testator's estate or estates, wherein partition hath been Certain partitions made, or the property taken at the valuation, or sold and conveyed under the to be valid. 25 April 1850 § 4. P. L. 570. Construction of tion. order of such court, by executors or administrators, and the proceeds of such sales distributed according to the will of the testator, shall be considered and taken to be as valid and effectual as if such courts had had jurisdiction of the same. 207. The true intent and meaning of the 3d section of the act passed the 13th of April 1840, entitled "A further supplement to an act, entitled 'An act relating to orphans' courts,' passed the 29th day of March 1832, and the supplement the foregoing sec- thereto, passed the 14th of April 1835, and for other purposes," is hereby declared to be, that the title of persons to real property of decedents within this commonwealth, heretofore acquired under proceedings in partition in the orphans' courts, if such proceedings were in other respects regular, shall not be impaired, or in anywise defeated or made void, by or upon any other proceeding in any court of this commonwealth, by reason of such property, or any part thereof, having been devised by any such decedent to children or heirs generally, or to any one or more of them, or of other persons, if such devise to one or more had become lapsed, or had become forfeited for non-performance of any condition, or the devisee or devisees, for any reason, had refused to take or accept the same; but all such titles so acquired shall be considered and taken to be as valid and indefeasible as in cases of intestacy, unless the same have been invalidated by reversal of the decree or decrees awarding the same, upon appeal duly taken and prosecuted: Provided, That in all such cases, where the same has not already been done, and where the moneys have not yet been appropriated or paid, it shall be competent for the proper orphans' court, upon application made, to decree the payment of the amount of the valuation, or of the proceeds of sale, to such person or persons as are, according to the last will and testament of the decedent, entitled thereto in law or equity.(n) Ibid. § 5. Act extended to future cases. 13 May 1876 § 1. P. L. 172. Other partitions confirmed. 208. The provisions of the said 3d section of the act of April the 13th, 1840, according to the meaning thereof, as declared by the 1st (4th) section of this act, shall extend to all cases which have heretofore arisen, and which may hereafter arise within this commonwealth. 209. In all cases in which there have been proceedings in any of the orphans' courts of this commonwealth for the partition of real estate between one or more living co-tenants or tenants in common, and the heirs, devisees or legal representatives of any decedent, who, at and before his or her decease, was a co-tenant or tenant in common with said living party or parties, and the same have been carried out by the division of the realty, by the allotment thereof to one or more of the parties at the valuation, or by a sale thereof under the orders or decrees of such courts, all such proceedings are hereby declared valid and effectual as if the said orphans' courts had had full jurisdiction of the same: Provided, That the (m) See tit. "Deeds and Mortgages." This act provides for the entry of satisfaction, where the holder of a mortgage is deceased or has removed from the state; and also for the acknowledgment of satisfaction on a mortgage payable by instalments. (n) The 3d section of the act 17 April 1856, P. L. 386, confirms prior sales, in cases of testacy. parties in interest have had the same notice required to be given in such cases 13 May 1876 § 1. where the court has jurisdiction. XIII. Of sales under proceedings in partition. (1.) Of the order of sales. P. L. 172. ment,court to grant 210. Upon an appraisement or valuation of real estate made as is hereinbefore 29 March 1832 § 42. provided, should all the heirs neglect, after due notice, or refuse to take the same P. L. 203. at the valuation, the court shall, on the application of any one of the heirs, grant on refusal to take a rule upon the other heirs and others interested, to show cause why the estate at the appraiseso appraised should not be sold; which rule shall be returnable at the next regular rule to show cause session of the court, or at such subsequent period, as the court, having respect to why the estate the circumstances of the case, may direct; and notice of such rule shall be given should not be sold. in the manner provided in this act for other notices to heirs; on the return of Decree of sale to such rule, the court may, on due proof of notice to all persons interested, make be made. decree authorizing and requiring the executor or administrator, as the case may be, to expose such real estate to public sale, at such time and place, and on such terms(o) as the court may decree: Provided, That the rule to show cause herein Heirs may waive directed may be dispensed with by the court, on the application of all the heirs, rules. a if of full age, and of the guardians of such as are minors, for such decree; and How notice of sale notice of such sale shall be given by the executor or administrator, in the manner to be given. provided in this act for other notices of sale. P. L. 81. 211. Whenever any real estate shall be ordered to be so sold under proceedings 24 Feb. 1834 § 44. in partition, the orphans' court are hereby authorized and required, in case of the neglect or refusal of the executor or administrator to execute such order, or in On neglect or recase there be no executor or administrator, to appoint some suitable person trustee fusal of executor, for the purpose of making such sale; who shall be subject to the same restrictions, order of sale, trusand have the same powers, and whose proceedings shall have the same effect, to tee to be appointed. all intents and purposes, as are provided in the case of such sales by executors or administrators. &c., to execute 212. Whenever the real estate of a decedent, or any part thereof, shall be sold Ibid. § 42. by an executor or administrator, by virtue of an order of an orphans' court having property not to be jurisdiction, under proceedings in partition, such real estate shall not be liable, liable for debts in the hands of the purchaser, to the debts of the decedent; provided such sale be in the hands of the made after the expiration of two years from the granting of letters testamentary or of administration. purchaser. P. L. 458. be made. 213. When, upon any proceedings in an orphans' court, an appraisement or 15 April 1845 § 1. partition of real estate is made by an inquest of seven or more persons appointed by the court, the said court shall, upon the refusal of any of the heirs or parties On refusal to acinterested to accept any part of the same at the valuation thereof, or if after due cept any part of the premises, notice, they shall neglect to appear and accept the same, make a decree author- decree of sale to izing and requiring the executor or administrator, or other person, as the case may be, to expose such parts of the real estate not accepted as aforesaid, to be sold, agreeably to the provisions of the act of assembly, passed the 29th of March 1832.(p) 214. In all cases of the partition or valuation of real estate in any of the 25 April 1850 § 2. orphans' courts of this commonwealth, it shall be lawful for the said courts, upon the application of the widow, or any of the heirs of the decedent, instead of the Courts may grant separate rules heretofore issued in such cases, to grant a rule upon the parties rule to accept or refuse, or show interested to appear, and accept or refuse the said real estate at the valuation, or cause why sale show cause why the said real estate, or any part thereof, should not be sold, in should not be case they or any of them should neglect or refuse to take and accept the same as aforesaid. (2.) Of the widow's interest. P. L. 569. decreed. premises. 215. When a decree for the sale of real estate shall be made by the orphans' 29 March 1832 § 43. court, in the event provided for in the preceding section, the court shall direct that P. L. 203. the share of the widow, if there be one, of the purchase-money, shall remain in Widow's share to the hands of the purchaser, during the natural life of the widow, and the interest be charged on the thereof shall be annually and regularly paid to her by the purchaser, his heirs and Interest to be paid assigns, holding the premises, to be recovered by distress or otherwise as rents are to her annually. recoverable in this commonwealth, which the said widow shall accept in full satisfaction of her dower in such premises; and at her decease, her share of the purchase-money shall be paid to the persons legally entitled thereto.(q) (0) The administrator has no power to alter the terms of sale from cash to credit. Eshelman v. Witmer, 2 W. 263. Vandever v. Baker, 13 P. S. 126. He is the mere agent of the law for a special purpose. Sage v. Nock, 4 Clark 520. Such sale is a judicial sale. Sackett v. Twining, 18 P. S. 199. It diverts the lien of a mortgage given by one of the heirs. Steel's Appeal, 86 P. S. 222; and discharges all liens which are certain or fixed in their character, or can be made so, unless protected by statute. Reese v. Pye, 38 L. I. 137. And the purchaser has nothing to do with the application of the purchase-money. McGinnis v. Davis, 29 P. L. J. 310. (p) Supra 210. This act was passed to meet the case of Sampson's Appeal, 4 W. & S. 86. (q) A payment to the administrator, after the decease of the widow, will not discharge the lien of the unpaid purchase-money, although he had taken a bond and mortgage to secure its payment; such lien can only be discharged by payment to the heir. Hise v. Geiger, 7 W. & S. 273. |