The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918. Page: 1,003
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IN RE MITCHELL
In re MIT(IETiL
(District Court, E. D. Pennsylvania. May 15, 1918.)
1. INTOXICATING LIIQUORS 0909--I ICTF: SES-RIGIHT CONFERRED.
Under the laws of Pcnnsylvania, a retail liquor license is a personal
privilege, l which at the death of the licensee does not pass to his personal
2. EXECUTORS AND ADMIINISTRATORS =115--MANAGEMENT OF TRUSTEES--ES-
As the fixtures, good will, and unexpired term of a lease on premises
wherein the deceased carried on a retail liquor business were assets of
the estate, and a liquor license would add materially to their value, the
personal representative, having procured a transfer of the license and
renewal in his own name, must be deemed to hold it as trustee for the
creditors and beneficiaries of the estate.
3. BANKRUPTY Q 140(3)-PROPERTY TO BE ADMINISTERED-AssETS HELD BY
BANKRUPT AS EXECUTRIX.
Where the bankrupt, iiho was executrix of the estate of her husband,
who carried on a retail liquor business, procured a transfer of the license
and conducted the saloon business, held, that a creditor of the husband's
estate is not entitled to have the proceeds from sale of the license treated
as an asset of the husband's estate, but proceeds should be administered
4. ESTOPPEL e77--DEALING WITH EXECUTRIX-INDIVIDUAL TITLE.
Where a creditor of the estate of a deceased liquor dealer extended
credit to his executrix, who secured a transfer of the license and con-
ducted the business, such creditor must be presumed to have acquiesced
in the executrix's appropriation of the license.
In Bankruptcy. In the matter of the bankruptcy of Cecilia Mitchell.
On certificate to review an order denying the petition of the John Mc-
Glinn Distilling Company. Order of referee affirmed.
Henry A. Hoefler, of Philadelphia, Pa., for petitioner.
Grover Cleveland Ladner and Ladner & Ladner, all of Philadelphia,
Pa., for trustee.
THOMPSON, District Judge. The facts are fully set out in the
opinion of the referee. Briefly summarized they are as follows:
The bankrupt is the widow of Michael Mitchell, who died July 11,
1915. The bankrupt, Cecilia Mitchell, by his will was made executrix
and the sole beneficiary of his estate. The decedent was the owner of
a retail liquor license for premises at Eighth and Parrish streets, Phila-
delphia, which he held under lease, together with the good will and
fixtures of the saloon business. After his death, upon application to
the court of quarter sessions, the license was transferred to the bank-
rupt, and she went into possession of the premises and conducted the
business until a petition in bankruptcy was filed against her on the 7th
of March, 1917. An adjudication was entered on April 18, 1917. A
trustee having been elected, the referee entered an order for a private
sale, under which, on May 28, 1917, the trustee sold the liquor license,
stock, good will, and fixtures for the sum of $1,000. The sale was duly
4=Fo; other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 250: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, August-October, 1918., legislative document, 1918; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38821/m1/1018/: accessed July 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.