Raymond Moore Remick.

The statutory law of decedents' estates in Pennsylvania, with annotations and forms online

. (page 28 of 71)
Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 28 of 71)
Font size
QR-code for this ebook


register of wills, 468 385

(e) Bond of executor or administrator of de-

ceased fiduciary, 386

( f ) Exceptions to bonds, 387

Section 9. Bonds of fiduciaries in general, 469 388

(a) Suits on bonds, 388

(b) Reduction of bonds, 389

(c) Expense of obtaining bond of corporation, 390
17



258



FIDUCIARIES ACT CONTENTS



1917 Section

Pamphlet Number

Laws Herein

Section 10. Advertisement of granting of letters, 39*

Section II. Inventory and appraisement, 47 392

(a) Inventory to be filed in thirty days 392

(b) Procedure to compel filing of inventory, 393

(c) Bonds, notes, other evidences of debt, all
claims and demands for money, and other
personal property to be included in in-
ventory 394

(d) Debt due by executor not released by
appointment, and to be included in in-
ventory, 395

(e) Rents due to tenant for life to be included

in inventory 396

(f) Arrearages of rent-charge, or other rent

or reservation, to be included in in-
ventory, 397

(g) Estates in land for life of another to be

included in inventory, 471 398

(h) After-discovered property to be inven-
toried, 399

(i) Appraisement ; oath of appraisers 400

( j ) Notice of appraisement ; return, 401

(k) Compensation of appraisers, 402

Section 12. Widow's and children's exemption, .... 403

(a) Claim and appraisement or setting apart;

appointment of appraisers by court, 403

(b) Liens for purchase-money of real estate

not to be affected 472 404

(c) Oath and compensation of appraisers, 405

(d) Advertisement or notice; confirmation
and filing of appraisement; payment of

expenses of advertisement or notice,.. 406

(e) Exemption to minor children, 473 407

1. Duty of executor or administrator to

act, 407

2. Guardian or executor or administrator

to select property to be set aside, 408

(f) Where estate does not exceed five hundred

dollars 409

(g) Claim of exemption out of real estate
appraised at more than amount of claim ;
appraisement and confirmation; payment

of excess; sale on failure to pay, 410

(h) Title to vest on payment of excess; dis-
tribution of proceeds of sale, 474 411



FIDUCIARIES ACT CONTENTS



259



1917

Pamphlet
Laws



(i) Widow or children entitled to rents, in-
come, interest, and dividends from death
of decedent; deduction of proportionate
part upon failure to pay excess value of
real estate,

(j) Procedure where real estate lies in another
county, or is divided by a county line, . .

(k) Recording and registry of decree confirm-
ing appraisement of real estate, 475

Section 13. Payment of debts of decedent,

(a) Order of payment,

(b) Payment not to be compelled within six
months,

Section 14. Rents of real estate to be assets for pay-
ment of debts when personal estate insuffi-
cient; collection by executor or admin-
istrator, 476

Section 15. Lien of debts of decedent,

(a) Lien limited to one year unless action
brought, indexed, and duly prosecuted
to judgment,

(b) Debts not due within one year; pro-
cedure to acquire and continue lien, ....

(c) Provisions of clause (a) to be retroactive;

saving clause, 477

(d) Indexing by prothonotary ; filing cer-
tified copy of praecipe in other counties,

(e) Executions on judgments obtained
against executors or administrators;
scire facias to surviving spouse, heirs,
et cetera,

(f) Judgments not liens at death to be

treated as debts not of record; method
of continuing lien,

(g) Judgments which are liens at death to be

liens for five years from death ; revival, 478
(h) Effect of section as to mortgages, and

bonds secured thereby,

(i) Executions on judgments obtained in

decedent's lifetime,

(j) Distribution of proceeds of sheriff's sale,
(k) Stay of execution until application to

orphans' court for sale of real estate,. . . . 479
(1) Order on executors or administrators to

apply to orphans' court,



Section

Number

Herein



412

413

414

4iS
415

416



417
418



418
419
420
421

422

423

424

425

426
427

428
429



2 6o FIDUCIARIES ACT CONTENTS

1917 Section

Pamphlet Number
Laws Herein
Section 16. Sales and mortgages of real estate for

the payment of debts of decedents, 430

(a) Duty of executor or administrator to sell
real estate where personal estate and

rents are insufficient to pay debts, 430

(b) Power of orphans' court to authorize sale

or mortgage of real estate 43 1

1. On application of executor or adminis-
trator, 432

2. On application of executor or admin-

istrator, or of creditor, 433

(c) Inventory, statement of real estate, and

account of debts to be filed, 480 434

(d) Refunding mortgages, 435

(e) Appointment of master, 436

(f) Bond of person carrying out decree, 437

(g) Public notice of sale, 481 438

(h) Securing unpaid purchase-money, 439

(i) Acknowledgment of deeds and mort-
gages 440

(j) Removal or incapacity of fiduciary 441

1. Before conveyance or mortgage 441

2. Where there are co-fiduciaries, 482 442

3. Before sale, 443

4. Effect of sale, deed, or mortgage, 444

5. Revocation of letters, or removal of

fiduciary, after sale, 483 445

6. Irregularity or defect in appointment, 446
(k) Conveyance or mortgage where fiduciary

is purchaser or mortgagee, 447

(1) Real estate in other counties, 448

1. Real estate in county other than that

the orphans' court of which has juris-
diction of accounts, 448

2. Real estate divided by county line, . . 484 449
(m) Private sales 450

1. When authorized, 450

2. Public notice, 485 451

3. Objections to sale, 452

(n) Return and confirmation, 453

(o) Discharge of liens 454

(p) Purchaser not bound to see to applica-
tion of purchase-money, 486 455



FIDUCIARIES ACT CONTENTS



261



1917

Pamphlet
Laws



Section 17. Proceedings to relieve real estate from
lien of debts,

(a) Petition

(b) Hearing by court or by master; notice,

(c) Decree; bonds by persons entitled to
real estate,

Section 18. Contracts of decedents for sale or pur-
chase of real estate

(a) Petition, notice, hearing, and decree of
specific performance,

(b) Remedy in orphans' court exclusive, 487

(c) Indexing of petition in judgment index,

(d) Execution and effect of deed; decree for .
payment by representatives of deceased
vendee,

(e) Enforcement of parol contracts,

(f) Execution of deed where grantee is execu-

tor or administrator, 488

Section 19. Notice of devise or bequest to corpora-
tion,

Section 20. Abatement of legacies,

Section 21. When legacies shall be payable; inter-
est on legacies,

Section 22. Apportionment of income, 489

Section 23. Security by one entitled to income of
proceeds of sale of decedent's real estate,
and by legatee for life, for term of years,
or other limited period, or on condition
or contingency; appointment of trustee
on refusal, neglect, or inability to enter
security,

Section 24. Remedy for collection of all legacies to

be exclusively in the orphans' court, 490

Section 25. Procedure to enforce payment of legacies
charged on land,

(a) Petition, notice, decree for payment; sale
and distribution of proceeds ; decree to
enforce payment of interest

(b) Procedure where land lies in another
county or is divided by a county line, . . 491

(c) Bond by legatee or other person entitled

to benefit of decree for payment,

Section 26. Discharge of residuary estate from an-
nuities or legacies payable in future,..

(a) Petition

(b) Citation, hearing, appointment of master, 492



Section
Number
Herein

456
456
457

458
459

459
460
461



462
463

464

465
466

467

468



469
470
471

471
472

473

474
474
475



262



FIDUCIARIES ACT CONTENTS



1917

Pamphlet
Laws



(c) Decree directing setting apart or invest-

ing of so much f residuary estate as
will secure payment of annuities or
legacies

(d) Discharge of remaining estate; appeals, 493

(e) Custody of portion of estate set apart;
accounts, surplus income,

(f) Reduction of fund set apart, 494

(g) Rights to ultimate enjoyment of resid-
uary estate set apart not to be affected,

Section 27. Discharge of real estate from lien o.f
legacies and other charges,

(a) Wtttre persons to whom payment is due

cannot be found,

1. Jurisdiction ; petition, and notice,

2. Hearings ; ascertainment of amount
of charge; payment into court; re-
cording of decree, 495

(b) Where charge has been paid, or is pre-
sumed to be paid,

1. Jurisdiction,

2. Petition, 496

3. Citation,

4. Hearing, decree, recording of decree,

(c) Cases not provided for in clauses (a)

and (b)

(d) Distribution of moneys paid into court, 497

(e) Payment of costs,

(f ) Appeals,

Section 28. Powers of executors as to real estate,

(a) Mere authority to sell the same as a de-
vise to sell,

(b) Private sales, conveyances or leases au-
thorized,

(c) Powers not given to any person by name

or description deemed to be given to

executors, but to be exercised under

control of orphans' court,

(d) Powers of surviving, acting, or remain-
ing executors, or administrators c. t. a.,

as to real estate, 498

Section 29. Fiduciaries may make conveyances

through attorneys

Section 30. Purchasers of real estate from executors
or trustees not bound to see to the appli-
cation of the purchase-money,



Section
Number
Herein



476
477

478
479

480
481

481
481

482

483
483
484
485
486

487
488
489
490
491

491
492



493

494
495

496



FIDUCIARIES ACT CONTENTS



263



1917

Pamphlet
Laws



Section 31. Leases of real estate by testamentary

trustees and guardians, 499

Section 32. Elections by guardians or trustees,....

(a) Election to take real estate in lieu of
proceeds,

(b) Election to take money instead of real
estate in which it is directed to be in-
vested, 5

(c) Validation of previous elections,

Section 33. Procedure where real estate is devised

at an appraisement to be made, or to ex-
ecutor at a valuation,

(a) Jurisdiction ; petition,

(b) Appointment of appraisers; notice, 501

(c) Oath and compensation of appraisers,..

(d) Return and confirmation of appraise-
ment ; appeals,

(e) Citation to accept or refuse; decree ad-

judging real estate to devisee or to other
persons; recording and registry of
decree,

(f) Where real estate is devised to executor

at a valuation, 502

(g) Validation of previous decrees, 503

Section 34. Designation of curtilage of building de-
vised,

(a) Jurisdiction ; petition,

(b) Appointment and compensation of com-
missioners,

(c) Notice of proceedings of commissioners;

report, confirmation ; recording and
registry of decree; title of devisee,....

(d) Payment of costs, 504

Section 35. Abatement and survival of actions;

substitution of executors and adminis-
trators ; pleadings as to assets,

(a) Personal actions, except for slander and
libel, not to abate,

(b) Executors and administrators may sue
and be sued in personal actions, except
for slander and libel,

(c) Pending actions of ejectment to enforce
payment of purchase-money,

(d) Executors or administrators may sue or
distrain for arrearages of rent-charge,
or other rent or reservation, due to de-
cedent, 505



Section

Number

Herein

497
498

498



499
500



SOI
501
502
503

504



505

506

507

508
508

509



5ii

512

513
SM

515



264



FIDUCIARIES ACT CONTENTS



1917

Pamphlet
Laws



Section
Number
Herein



(e) Executors or administrators of life ten-
ant may sue for proportion of rent due
up to date of death,

(f) Executors or administrators may be sub-

stituted in pending actions, and may issue
execution on judgment in favor of
decedent

(g) Scire facias to bring in executors or ad-
ministrators of deceased party; con-
tinuance,

(h) Service of scire facias when executors
or administrators reside without the

county

(i) Actions not to abate by death, dismissal,
removal, resignation, or renunciation of

fiduciaries, 506

(j) Failure to plead any matter relative to
assets, or to reply thereto, not to be

deemed an admission,

(k) Abatement of action by failure to take
out letters in deceased plaintiffs estate,

Section 36. Statute of limitations to run against debt
falling due to estate of decedent after
his death, although letters have not
been granted, 507

Section 37. Suits against fiduciaries who do not
reside in county the court of which has
jurisdiction of their accounts,

Section 38. Suits by fiduciaries against cofiduciary,

Section 39. Revival of judgment against executor
or administrator of judgment creditor,

Section 40. Compromise by fiduciaries of claims
against estate, or questions as to will or
distribution 508

Section 41. Investments by fiduciaries,

(a) Legal investments,

1. Investments in debt of United States,

Commonwealth of Pennsylvania, or
municipalities o,f the Commonwealth,
or on real securities, or in ground-
rents within the Commonwealth,

2. Investments in other real estate
within the Commonwealth, or in
debts of other States, or counties or

cities thereof, 509

3. Fiduciary not liable for loss on such
investments,



517



519
520

521

522
523



524
525

526



527
528
528



528
529

530



FIDUCIARIES ACT CONTENTS



265



1917

Pamphlet
Laws



(b) Expense of procuring guaranty of in-
vestments,

Section 42. Organization of corporation to carry on
decedent's business,

(a) Property of estate may be contributed
in return for stock, whether or not the
will authorizes carrying on business,....

(b) Approval of orphans' court necessary;
procedure, SIO

(c) How stock shall be held; voting stock,
Section 43. Voting of stock in corporations by

fiduciaries,

Section 44. Liability of executors and adminis-
trators for interest, S 11

(a) When liable

(b) Rate of interest

Section 45. Same person shall not receive com-
missions as executor and trustee,

Section 46. Accounts of executors, administrators,
and trustees,

(a) Accounts of executors and administrators
to be filed in six months; executor or
administrator may be cited to account
at end of six months,

(b) Orphans' courts may appoint examiners
to make examinations of assets in hands
of fiduciaries,

(c) Claimants who have notified executors,

administrators, or trustees to be entitled
to receive actual notice of filing of
accounts,

(d) Register's duties as to transmission and
advertising of accounts; expenses, 512

(e) Orphans' court may require additional
notice where parties in interest reside out
of the State, or where other circum-
stances render further notice expedient,

(f) Accounts not to be confirmed unless it

appears that notice has been given, 513

(g) Where trustees' accounts shall be filed;
exclusive jurisdiction of orphans' court,

(h) Triennial accounts of trustees,

(i) Notice of filing of trustees' accounts,..

Section 47. Audits,

(a) Rules of courts as to publication of
notices of audits,



Section
Number
Herein



532

532

533
534

535

536
536
537

538
539



539
540

541
542

543
544

545
546
547
548

548



266



FIDUCIARIES ACT CONTENTS



1917

Pamphlet
Laws



(b) Audits by court in counties having sep-

arate orphans' court, 5 T 4

(c) Audits by court or auditors in counties

not having separate orphans' court

Section 48. Review of accounts, adjudications, and

auditors' reports,

Section 49. Distribution of estates,

(a) Distribution not to be compelled within
six months; after six months, distribu-
tion may be ordered on petition of
creditor or any person interested,

(b) Distribution without audit of account at

risk of executors or administrators ;
distribution under order of court to pro-
tect executors or administrators, and
to be without refunding bonds,..-. 515

(c) Distribution of estates not exceeding
three hundred dollars,

(d) Creditor failing to present claim at audit
not entitled to share in distribution,..

(e) Distribution in kind, 516

1. Court may direct distribution of un-
converted securities

2. Duty of fiduciary to whom such dis-
tribution is made; application to
court for authority to sell,

(f) Distribution by employer of wages due

decedent, not exceeding seventy-five

dollars,

Section 50. Refunding bonds,

(a) Fiduciary who has given bond may re-

quire bonds from persons to whom he
makes payment,

(b) Limitation of actions on refunding bonds, 517
Section 51. Transcripts of balances due by fiduciaries,

(a) Filing transcripts in common pleas and

effect thereof ; executions,

(b) Satisfaction and discharge of judgments

on transcripts 518;

Section 52. Discharge of fiduciaries and sureties,..

(a) Conditions of discharge,

(b) Discharge of one or more of joint
fiduciaries,



Section
Number
Herein

549
550

SSi
SS2



552

553

554

555
556

556
557

558
559



559
56o

56i
56i

562

563
563

564



FIDUCIARIES ACT CONTENTS



267



1917

Pamphlet
Laws



Section 53. Removal of fiduciaries,

(a) Grounds for removal,

1. Waste or mismanagement; probable

insolvency; failure to file inventory

or account, $19

2. Lunacy, drunkenness, or weak-minded-

ness,

3. Sickness, or physical or mental in-
capacity,

4. Removal from the State,

5. Mismanagement or misconduct by
guardian,

6. Failure to pay over principal or in-
come, or to comply with any order of
court,

7. Neglect or abuse of trust, by trustee
for religious, educational, or chari-
table purposes,

8. Probable jeopardy of interests of
estate,

9. When all, or a majority, of the ces-
tuis que trust, having life estate,
desire removal on any substantial
ground

(b) Petition, citation, orders, and decrees,..

(c) Summary removal in cases of emergency, 520

(d) Decree removing one fiduciary not to
affect co-fiduciaries,

(e) Enforcement of orders and decrees;

suits by succeeding fiduciary,

Section 54. Requirement of security by executor, or
additional security by other fiduciary;
proceedings by sureties to require counter
security, for discharge of surety, or for
removal of fiduciary, 521

(a) Proceedings to require additional security,

1. Decree ; attachment,

2. Removal on failure to comply with
decree,

(b) Proceeding by surety to compel giving
of counter-security,

(c) Proceeding by surety for discharge,.... 522
Section 55. Requirement of statement of invest-
ments on ten days' notice; accounting;
removal,



Section
Number
Herein

565

565



566

567

568
569

570
571

572
573



574
575
576

577
578



579
579
579

58o

58i

582



583



268



FIDUCIARIES ACT CONTENTS



1917

Pamphlet
Laws



Section 56. Appointments of trustees to fill va-
cancies, 523

(a) Partial vacancy in testamentary trust,...

(b) Entire vacancy in testamentary trust,

(c) Appointment of trustee where executor

declines to act, or is discharged; ap-
pointment of separate trustees for sev-
eral parties, 524

(d) Jurisdiction of orphans' court to be ex-
clusive,

Section 57. Nonresident fiduciaries; corporations of
other States as fiduciaries,

(a) Powers; appointment of nonresidents and
foreign corporations as fiduciaries,

(b) Appointment of resident co-trustees, 525

Section 58. Foreign fiduciaries,

(a) Foreign executors, administrators, and
trustees,

(b) Foreign guardians,

(c) Powers of foreign fiduciaries in general;

authentication of copies of wills, or other
authority, 526

(d) Powers of foreign executors and trus-
tees as to sale of real estate,

(e) Revival of judgments by foreign execu-

tors and administrators, 527

(f) Awards to foreign executors and admin-
istrators,

(g) Powers of foreign guardians, trustees,
committees, and other fiduciaries, as to
removal of property,

1. Proof of appointment, and qualifica-
tion of fiduciary,

2. Discharge of resident fiduciary 528

(h) Award to foreign trustee, when all bene-
ficiaries for a term of years or for life

have removed from the State, 529

Section 59. Guardians

(a) Power of orphans' court to appoint; ef-
fect of appointment

(b) Persons of same religious persuasion as
parents to be preferred as guardians of
the person,

(c) Executor, administrator, or trustee not

to be appointed guardian, 530



Section
Number
Herein

584
584



586
587
588

588
589
590

590

59i

592
593
594
595

596

596
597

598
599

599

600
601



FIDUCIARIES ACT CONTENTS



269



1917

Pamphlet
Laws



Section
Number
Herein



(d) Parent not to be appointed guardian;
where estate is one hundred dollars, or
less, award may be made to natural

guardian or person maintaining minor, 602

(e) Appointment of guardians of estates of

minors residing out of the Common-
wealth, 603

(f) Appointment of guardians for minors in

service of United States, or whose ap-
pearance is physically impossible or un-
necessarily expensive, 604

(g) Bonds of guardians, 605

(h) Inventory to be filed by guardian, 531 606

(i) Allowance for support and education of

minor, 607

(j) Accounts of guardians, 608

1. Triennial accounts, 608

2. Guardian or next friend may petition

to have accounts audited, 609

3. Contents of petition, 532 610

4. Notice of filing of account and peti-
tion, 611

5. Audit of account; appointment of

guardian ad litem ; confirmation, .... 612

6. Payment of costs, 613

7. Appeals and rehearings, 614

8. Final accounts, 533 615

(k) Notice to guardian of proceeding affect-
ing interests of minor; appointment of

guardians ad litem, 616

Section 60. Trustees durante absentia, 617

(a) Petition and appointment, 617

(b) Bond, inventory, and accounts, 534 618

(c) Duties of trustee when absent person
returns, or dies, within seven years, or
where letters testamentary or of adminis-
tration are issued on the ground of his

presumed death, 619

Section 61. Immaterial variation from forms not

to vitiate proceedings, 620

Section 62. Short title section, 622

Section 63. Repealer, 534-59 623



270 FIDUCIARIES ACT SECTION i

353. TITLE.

AN ACT

Relating to the administration and distribution of the estates of
decedents and of minors, and of trust estates; including the
appointment, bonds, rights, powers, duties, liabilities, accounts,
discharge and removal of executors, administrators, guardians
and trustees, herein designated as fiduciaries; the adminis-
tration and distribution of the estates of presumed decedents;
widow's and children's exemptions; debts of decedents, rents
of real estate as assets for payment thereof, the lien thereof,
judgments and executions therefor, sales and mortgages of
real estate for the payment thereof, and the discharge of real
estate from the lien thereof ; contracts of decedents for the
sale or purchase of real estate; legacies, including legacies
charged on land; the discharge of residuary estates and of
real estate from the lien of legacies and other charges; the
appraisement of real estate devised at a valuation ; the ascer-
tainment of the curtilage of dwelling houses or other buildings
devised; the abatement and survival of actions and the sub-
stitution of executors and administrators therein, and suits
against fiduciaries; investments by fiduciaries; the organiza-
tion of corporations to carry on the business of decedents;
the audit and review of accounts of fiduciaries; refunding
bonds; transcripts to the court of common pleas of balances
due by fiduciaries; the rights, powers and liabilities of non-
resident and foreign fiduciaries ; the appointment, bonds, rights,
powers, duties and liabilities of trustees durante absentia ; the
recording and registration of decrees, reports and other pro-
ceedings, and the fees therefor ; appeals in certain cases ; and
also generally dealing with the jurisdiction, powers and pro-
cedure of the orphans' court in all matters relating to fiduci-
aries concerned with the estates of decedents.

The Fiduciaries Act became effective on the first moment of the day
on which it purports to have been signed by the Governor, June 7, 1917.
Huber's Est, 27 Dist 25.

354. DEFINITION OF "FIDUCIARY."

SECTION i. Be it enacted by the Senate and House of Repre-
sentatives of the Commonwealth of Pennsylvania in General
Assembly met, and it is hereby enacted by the authority of the



FIDUCIARIES ACT SECTIONS 1-2 (a) 271

same, That as used in this act, the term "fiduciary" shall include
executors, administrators, guardians and trustees, whether
domiciliary or ancillary, subject to the jurisdiction of the or-
phans' court of any county of this commonwealth.

NOTE. This is suggested by Section i of the Act of May 3, 1915,



Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 28 of 71)