Raymond Moore Remick.

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

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NOTE. This is Section I of the Act of April u, 1879, P. L. 21, 4 Purd.
4904, as amended by the Act of March 30, 1905, P. L. 77, 7 Purd. 7702,
altered so as to combine with it the provisions of Sections 2 and 3 of the
Act of 1905, so as to provide for the affidavits of two disinterested resi-
dents in all cases and to substitute "city" for "ward," and so as to omit
the proviso.

618. BOND, INVENTORY AND ACCOUNTS.

(&) Such trustee or trustees, before taking charge of such
estate, shall give bond in twice the amount of the personal prop-
erty, and seven years' rental of real estate, with sufficient cor-
porate security or two sufficient individual sureties, to be ap-
proved by said court, for the faithful discharge of his or their
duties, and shall, within thirty days after his or their appoint-
ment, file an inventory of said estate, and render an account at
least once in three years, or oftener if required by said court ;
Provided, That in the case of a corporation duly authorized by
its charter or by law to act- as such trustee, said court may per-
mit such corporation to give its own bond without surety.

NOTE. This is Section 2 of the Act of April n, 1879, P. L. 21, 4 Purd.
4904, with the insertion of the words "trustee or" in the first line, of the
provisions as to corporate or individual sureties and of the proviso.

619. DUTIES OF TRUSTEE WHEN ABSENT PERSON

RETURNS OR DIES WITHIN SEVEN YEARS
OR WHERE LETTERS TESTAMENTARY OR
OF ADMINISTRATION ARE ISSUED ON THE
GROUND OF HIS PRESUMED DEATH.

(c) If such person so being absent shall return before the ex-
piration of seven years from the time when he was last heard of,
or before letters testamentary or of administration shall have
been issued in his estate on the ground of his presumed death, or,
in case such letters shall have been so issued, before the said
trustee or trustees shall have paid or delivered over the prop-
erty or estate to the executors or administrators so appointed,
then said trustee or trustees shall render an account and restore
to such person the property and estate after deducting the reason-
able expenses of said trust and compensation of said trustee or
trustees. If such absent person shall die within such period of
seven years, and letters testamentary or of administration shall
be duly issued in his estate, or if, after the expiration of said
period of seven years, letters testamentary or of administration



472. FIDUCIARIES ACT SECTIONS 60 (c) 1-61-62-63

shall be issued in his estate on the ground of his presumed death,
then said trustee or trustees shall render an account and pay and
deliver over to the executors or administrators of such person
the property and estate after deducting expenses and compen-
sation as aforesaid.

NOTE. This is founded upon Section 3 of the Act of April n, 1879,
P. L. 21, 4 Purd. 4904, which has been redrafted in order to avoid conflict
with the provisions of the new act as to presumed decedents.

Section 4 of the Act of April 11, 1879, P. L. 21, 4 Purd. 4905, validating
previous cases, seems to serve no purpose now, and should be repealed.

620. IMMATERIAL VARIATION FROM FORMS NOT
TO VITIATE PROCEEDINGS.

SECTION 61. No immaterial variation from the forms given
and prescribed in and by this act, shall vitiate or render void any
proceedings in which said forms shall be used.

NOTE. This is Section 43 of the Act of March 15, 1832, i Purd. 1072.

622. SHORT TITLE.

SECTION 62. This act shall be known and may be cited as the
Fiduciaries Act of 1917.

623. REPEALER.

SECTION 63. The following acts and parts of acts of assembly
are hereby repealed as respectively indicated. The repeal of
the first section of an act shall not repeal the enacting clause.

An act entitled "An Act directing the order of payment of
debts of persons deceased," passed January 12, 1705 6, 2 Stat-
utes at Large, 198, Chapter 134, absolutely.

Section 2 to 7 inclusive, and 10 to 13 inclusive, of an act
entitled "An Act for establishing orphans' courts," passed March
27, 1713, i Sm. L. 81, absolutely.

An act entitled "An Act for the more easy recovery of legacies,"
passed March 21, 1772, i Sm. L. 383, absolutely.

Section 5 of an act entitled "An Act for prevention of
frauds and perjuries," passed March 21, 1772, i Sm. L,. 389,
absolutely.

An act entitled "An Act for continuing an act, entitled An Act
for the more easy recovery of legacies," passed October 9, 1779,
i Sm. L. 473, absolutely.



FIDUCIARIES ACT SECTION 63 473

Section 8 of an act entitled "An Act to establish the judicial
courts of this commonwealth, in conformity to the alterations
and amendments in the constitution," passed April 13, 1791, 3
Sm. L. 28, absolutely.

An act entitled "An Act to enable executors and administra-
tors, by leave of court, to convey lands and tenements contracted
for with their decedents, and for other purposes therein men-
tioned," passed March 31, 1792, 3 Sm. L. 66, absolutely.

Sections i, 2, and 14 to 21 inclusive of an act entitled "An Act
directing the descent of intestates' real estates, and distribution
of their personal estates, and for other purposes therein men-
tioned," passed April 19, 1794, 3 Sm. L,. 143, absolutely.

Sections I to 4 inclusive, and 9, of an act entitled "An Act
supplementary to the act, entitled 'An Act directing the descent
of intestates real estates, and distribution of their personal es-
tates, and for other purposes therein mentioned,' " passed April
4> 1 797> 3 Sm. L,. 296, absolutely.

An act entitled "An Act declaring the power and authority
given by any last will and testament to executors to sell and
convey real estates, to be and remain in the survivors or survivor
of them, unless otherwise expressed in the will of the testator,
and for other purposes therein mentioned," passed March 12,
1800, 3 Sm. L. 433, absolutely.

An act entitled "An Act authorizing executors and administra-
tors, in certain cases, to convey lands sold by their decedents
by order of orphans' court," approved April 2, 1802, P. L. 133,
absolutely.

An act entitled "A supplement to the act entitled, 'An Act
to enable executors and administrators, by leave of court, to
convey lands and tenements contracted for with their decedents,
and for other purposes therein mentioned,' " approved March
12, 1804, P. L. 271, absolutely.

Section 3 of an act entitled "An Act to amend certain parts
of an act, entitled 'An Act supplementary to the several acts of
this commonwealth, concerning partitions and for other purposes
therein mentioned,' " approved March 26, 1808, P. L. 144, abso-
lutely.

Section 2 of an act entitled "An Act relative to dower, and
for other purposes," approved April i, 1811, P. L. 198, absolutely.

An act entitled "A supplement to the act entitled, 'An Act
declaring the power and authority given by any last will and



474 FIDUCIARIES ACT-SEcrioN 63

testament to executors to sell and convey real estates, to be and
remain in the survivors or survivor of them, unless otherwise
expressed in the will of the testator, and for other purposes
therein mentioned,' " approved February 7, 1814, P. L. 44,
absolutely.

An act entitled, "An Act to compel trustees to account in
certain cases, and for other purposes," approved February 17,
1818, P. L. 104, in so far as it relates to testamentary trustees.

An Act entitled, "A further supplement to the act entitled
'An Act to enable executors and administrators by leave of the
court to convey lands and tenements contracted for with their
decedents, and for other purposes,' " approved March 10, 1818,
P. L. 183, absolutely.

Section 7 of an act entitled, "An Act to compel assignees
to settle their accounts, and for other purposes," approved March
24, 1818, P. L. 285, in so far as it relates to fiduciaries subject
to the jurisdiction of the orphans' court.

Section 2 of an act entitled "An Act to limit the time of
appeal in cases of divorce, and of the settlement of the accounts
of guardians, executors and administrators," approved February
8, 1819, P..L. 58, absolutely.

Section 2 of an act entitled "A further supplement to an
act, entitled 'An Act to enable the executors and administrators
by leave of court, to convey lands and tenements contracted for
with their decedents, and for other purposes therein mentioned,'
passed the thirty-first of March, one thousand seven hundred and
ninety-two," approved February 5, 1821, P. L. 25, absolutely.

An act entitled "An Act relative to guardian's of minor
children," approved March 30, 1821, P. L. 153, absolutely.

Section 2 of an act entitled, "An Act to encourage domestic
industry, and promote the comfort of the poor," approved March
31, 1821, P. L. 178, absolutely.

An act entitled "A further supplement to the act entitled, 'An
Act directing the descent of intestates, real estates and distribution
of their personal estates, and for other purposes therein men-
tioned,' " approved April i, 1823, P. L. 286, absolutely.

Section i of an act entitled "An Act to enable executors,
administrators, guardians, and other trustees, to invest their
trust moneys," approved February 18, 1824, P. L. 25, in so far as
it relates to fiduciaries subject to the jurisdiction of the orphans'
court.



FIDUCIARIES ACT SECTION 63 475

An act entitled "An Act to prevent the failure of trusts,"
approved March 22, 1825, P. L,. 107, in so far as it relates to
testamentary trustees.

Section i of an act entitled "A supplement to the intestate
law of this commonwealth," approved April 8, 1826, P. L. 255,
absolutely.

Section 3 of an act entitled "An Act for the relief of the
poor," approved April 10, 1828, P. L. 285, absolutely.

Sections i and 2 of an act entitled "An Act to prevent the
failure of trusts, to provide for the settlement of accounts of
trustees and for other purposes," approved April 14, 1828 P. L.
453, in so far as they relate to testamentary trustees.

Sections i and 2 of an act entitled "An Act concerning exec-
utors," approved April 3, 1829, P. L. 122, absolutely.

An act entitled "A further supplement to the act directing the
descent of intestates' real estates and distribution of their personal
estates, and for other purposes therein mentioned, passed the
nineteenth day of April, seventeen hundred and ninety-four,"
approved April 7, 1830, P. L/. 347, absolutely.

Sections 6, 14, 15, 16, 18 to 24 inclusive, 26 to 30 inclusive,
43 and 44 of an act entitled "An Act relating to registers and
registers' courts," approved March 15, 1832, P. L. 135, absolutely.

Sections 5 to 34 inclusive, 47, 53 and 54 of an act entitled "An
Act relating to orphans' courts," approved March 29, 1832, P. L,.
190, absolutely.

Sections i and 41 inclusive, 43, 45 to 61 inclusive, 66, 67 and 68
of an act entitled "An Act relating to executors and administra-
tors," approved February 24, 1834, P. L. 73, absolutely.

Sections i and 3 of an act entitled "Supplement to the act
passed the twenty-ninth day of March, Anno Domini, one
thousand eight hundred and thirty-two, entitled 'An Act relating
to orphans' courts,' " approved April 14, 1835, P. L. 275, abso-
lutely.

Sections 12 and 13 of an act entitled "A supplement to the act
entitled 'An Act to establish the district court for the city and
county of Philadelphia/ passed the twenty-eight day of March,
one thousand eight hundred and thirty-five," approved March u,
1836, P. L. 76, in so far as they relate to testamentary trustees.

Sections 15 to 21 inclusive and 23 to 26 inclusive of an act
entitled "An Act relating to assignees for the benefit of creditors,
and other trustees," approved June 14, 1836, P. L. 628, in so far
as they relate to testamentary trustees.



476 FIDUCIARIES ACT SECTION 63

Section 3 of an act entitled "An Act supplementary to the
various acts relating to orphans' and registers courts, and ex-
ecutors and administrators, and the act relating to the measure-
ment of grain, salt, and coal," approved June 16, 1836, P. L. 682,
absolutely.

Section 2 of an act entitled "An Act to empower the court of
common pleas for the city and county of Philadelphia to appoint
assignees or trustees in the place of the deceased assignees or
trustees of John Vaughan, and for other purposes," approved
March 17, 1838, P. L,. 80, in so far as it relates to the orphans'
court.

Sections i and 2 of an act entitled "A further supplement to
an act, entitled 'An Act relating to orphans' courts,' passed the
twenty-ninth day of March, one thousand eight hundred and
thirty-two, and the supplement thereto, passed the fourteenth of
April, one thousand eight hundred and thirty-five, and for other
purposes," approved April 13, 1840, P. L. 319, absolutely.

Section I of an act entitled "An Act relating to orphans' courts,
and for other purposes," approved October 13, 1840, P. L. (1841)
i, absolutely.

Section 5 of an act entitled "A further supplement to the act
entitled 'An Act to establish the district court of the city and
county of Philadelphia,' passed the twenty-eight day of March,
one thousand eight hundred and thirty-five, and for other pur-
poses," approved March 12, 1842, P. L. 66, absolutely.

Section 52 of an act entitled "An Act concerning the trust es-
tate of Hugh Roberts, deceased, and for other purposes," approved
July 16, 1842, P. L. 374, absolutely.

Section 22 of an act entitled "An Act to authorize the governor
to incorporate the Delaware Canal Company, and for other pur-
poses," approved April 13, 1843, P. L. 237, absolutely.

Section 9 of an act entitled "An Act in regard to certain entries
in ledgers in the city of Pittsburgh, and relating to the publishing
of sheriffs' sales, and for other purposes," approved April 22,
1846, P. L. 476, absolutely.

Section I of an act entitled "An Act relative to the appointment
of trustees by orphans' court, and for other purposes," approved
April 22, 1846, P. L,. 483, absolutely.

An act entitled "An Act to enable the executors and adminis-
trators of decedents to perfect title to real estate in certain cases,"
approved February 8, 1848, P. L. 27, absolutely.



FIDUCIARIES ACT SECTION 63 477

Section 9 of an act entitled "A supplement to an act, entitled
'An Act relative to the LeRaysville Phalanx/ passed March, Anno
Domini one thousand eight hundred and forty-seven, and relative
to obligors and obligees, to secure the right of married women, in
relation to defalcation, and to extend the boundaries of the bor-
ough of Ligonier," approved April n, 1848, P. L. 536, in so far as
it relates to letters of administration.

An act entitled "An Act relative to sales made by persons acting
in a fiduciary capacity," approved March 14, 1849, P- L. 164, in
so far as it relates to powers to sell or let real estate on ground
rent, contained in any will or testamentary writing.

Section 2 of an act entitled "A further supplement to an act,
entitled 'An act authorizing the Governor to incorporate the Mill
Creek and Mine Hill navigation and railroad company,' passed the
seventh day of February, Anno Domini, one thousand eight
hundred and twenty-eight ; and in relation to orphans' court
deeds," approved April 9, 1849, P. L. 511, absolutely.

Sections 5, 13 and 16 of an act entitled "A supplement to an
act relative to the venders of mineral waters ; and an act relative
to the Washington Coal Company; to sheriffs' sales of real es-
tate ; to the substitution of executors and trustees when plaintiffs ;
to partition in the courts of common pleas, and for other pur-
poses," approved April 9, 1849, P- L. 524, absolutely.

Section 2 of an act entitled "An Act relative to sheriffs' sales,
and to the appointment of trustees in the county of Philadelphia,
and to the appointment of trustees ; incorporating the First Pres-
byterian Church of Pottstown, Montgomery County, and changing
the venue of a certain suit in Huntingdon County," approved
April 10, 1849, P. L. 597, absolutely.

Section i of an act entitled "An Act relating to conveyances by
trustees," approved March 14, 1850, P. L. 195, in so far as it
relates to fiduciaries subject to the jurisdiction of the orphans'
court.

Sections I, 5 and 44 of an act entitled "An Act relating to the
bail of executrixes ; to partition in the orphans' court and com-
mon pleas ; to colored convicts in Philadelphia ; to the limitation
of actions against corporations ; to actions enforcing the payment
of ground rent ; to trustees of married women ; to appeals from
awards of arbitrators by corporations ; to hawkers and peddlers in
the counties of Butler and Union; to the payment of costs in
actions by informers in certain cases; to taxing lands situate in



478 FIDUCIARIES ACT SECTION 63

different townships ; and in relation to fees of county treasurers
of Lycoming, Clinton and Schuylkill; to provide for recording
the accounts of executors, administrators, guardians and auditors'
reports ; and to amend and alter existing laws relative to the
administration of justice in this commonwealth," became a. law
April 25, 1850, by reason of the Governor's failure to return it
within ten days, P. L. 569, absolutely.

Sections 22 and 23 of an act entitled "An Act to incorporate
the Wyoming County Mutual Insurance Company; relating to
Library Street, in the city of Philadelphia ; giving jurisdiction to
the court of common pleas in Tioga County, in a certain divorce
case ; and relating to paving in front of the prison in the county
of Philadelphia," approved April 26, 1850, P. L. 577, except in so
far as they relate to recognizances in partition, and section 25 of
said act, absolutely.

Section 8 of an act entitled "An act relative to the Columbia
Lyceum and Mechanics' Institute; to the act relating to in-
spections ; to the claims of David King, of Venango county ; and
of the heirs of John Bennet, of Lycoming county, deceased; to
authorize James T. Crabb to sell certain gun-powder in the
County of Philadelphia ; relative to the estate of Francis Harley,
senior, deceased ; and a supplement to an act relating to registers
and registers' courts, passed March fifteenth, one thousand eight
hundred and thirty-two," approved May 15, 1850, P. L. 764,
absolutely.

Section 6 of an act entitled "An Act supplementary to an act
passed the twenty-ninth day of March, one thousand eight hundred
and thirty-two, entitled 'An act relating to orphans' courts,' and
relating to contracts of decedents and escheats in certain cases,
and relative to the District Court of the City and County of Phila-
delphia, and to Registers of Wills," approved April 3, 1851, P. L.
305, absolutely.

Section 5 of an act entitled "An Act relating to the commence-
ment of actions to judgments and decrees for the payment of
money to the widows and children of decedents, to partitions in
the common pleas, relative to penalties on telegraph operators, to
pleadings in certain actions of debt, to actions of ejectments, to
the protection of fences, to partnerships, to limitations of writs of
entry in manors, lands, and tenements, to the exemption laws, to
reports of the supreme court, to appeals relating to wards,
boroughs, and township officers, to the acknowledgments of deeds



FIDUCIARIES ACT SivCTioN 63 479

and sequestration of life estates," approved April 14, 1851, P. L.
612, absolutely.

Section 18 of an act entitled "An Act to incorporate a company
to erect a bridge over the river Schuylkill at Spring Mill, in Mont-
gomery County, relative to the nineteenth section of 'An Act
regulating certain election districts, &c.' approved March twenty-
ninth, eighteen hundred and fifty-one, to school directors in Phila-
delphia county, to actions for damages sustained by injuries done
to the person by negligence or default, relative to the accounts of
John Humes, deceased, to authorize the trustees of the Seventh
Presbyterian Church of Philadelphia to convey certain real estate,
to security for moneys loaned by wives to husbands, to unpaid
school taxes in Bradford County, and relative to service of process
on agents of joint stock companies," approved April 15, 1851, P.
L. 669, absolutely.

An act entitled "A supplement to an act relating to executors
and administrators, passed February twenty-fourth, one thousand
eight hundred and thirty-four," approved February 2, 1853, P. L.
31, absolutely.

An act entitled "An Act to give power to the orphans' court to
grant relief in certain cases," approved February 23, 1853, P. L.
98, absolutely.

Section i of an act entitled "An Act relative to bringing suits
by creditors and others against executors, administrators, assignees
and other trustees in certain cases, and serving notices and for
satisfaction of mortgages, and opening judgments in certain
cases," approved March 27, 1854, P. L. 214, in so far as it relates
to fiduciaries subject to the jurisdiction of the orphans' court.

Section 2 of an act entitled "A supplement to an act, entitled
'An Act relating to the sale and conveyance of real estate,' " ap-
proved April 13, 1854, P. L. 368, in so far as it relates to fiduciar-
ies subject to the jurisdiction of the orphans' court.

An act entitled "A supplement to the act relating to executors
and administrators," approved May 5, 1854, P. L. 570, absolutely.

Sections 2 and 5 inclusive of an act entitled "A supplement to
an act relating to assignees for the benefit of creditors and other
trustees," approved May 3, 1855, P. L. 415, in so far as they
relate to testamentary trustees.

Section 4 of an act entitled "An Act relating to the rights of
property of husband and wife," approved April n, 1856, P. L.
315, absolutely.



480 FIDUCIARIES ACT SECTION 63

An act entitled "An Act respecting the estates of non-resident
wards," approved April 21, 1856, P. L. 495, absolutely.

Section 8 of an act entitled "An Act for the greater certainty
of title and more secure enjoyments of real estate," approved
April 22, 1856, P. L. 532, absolutely.

An act entitled "An Act relating to testamentary trustees," ap-
proved March 13, 1859, P. L,. 611, absolutely.

Section i of an act entitled "An Act relative to orphans' courts,"
approved March 22, 1859, P. L. 207, absolutely.

An act entitled "A supplement to the act, entitled 'An Act re-
lating to executors and administrators/ approved the twenty-
fourth day of February, Anno Domini, one thousand eight hun-
dred and thirty-four," approved April 6, 1859, P. L. 384, abso-
lutely.

An act entitled "An Act to extend the jurisdiction of the
orphans' courts in case of testamentary trusts," approved April
7, 1859, P. L. 406, absolutely.

An act entitled "An Act relative to the exemption of three
hundred dollars, and to the widows and children of decedents,"
approved April 8, 1859, P. L. 425, in so far as it relates to the
exemption allowed to the widow or children of any decedent.

An act entitled "An Act relating to executors, administrators
and guardians," approved April 13, 1859, P- L. 604, absolutely.

An act entitled "An Act relative to the lien of legacies," ap-
proved May i, 1861, P. L. 420, absolutely.

An act entitled "An Act authorizing surviving executors and
administrators to execute and deliver deeds of conveyance in
certain cases," approved May i, 1861, P. L. 431, in so far as it
relates to fiduciaries subject to the jurisdiction of the orphans'
court.

An act entitled "An Act relating to executors and other
trustees," approved May i, 1861, P. L. 680, in so far as it relates
to fiduciaries subject to the jurisdiction of the orphans' court.

An act entitled "An Act regulating certain charges of executors
and trustees," approved March 17, 1864, P. L. 53, absolutely.

An act entitled "An Act extending the provisions of the second
section of the act of April tenth, one thousand eight hundred and
forty-nine, entitled 'An Act relative to sheriffs' sales, and the ap-
pointment of trustees, in the county of Philadelphia, et cetera,'
to the several counties of this commonwealth," approved April
23, 1864, P. L. 550, absolutely.



FIDUCIARIES ACT SECTION 63 481

An act entitled "An Act relating to the appointment of guard-
ians/' approved August 25, 1864, P. L. 1029, absolutely.

An act entitled "An Act providing additional remedies against
trustees of a trust created for life, or during marriage, and pro-
viding a remedy for the protection of their sureties," approved
March 27, 1865, P. L. 44, in so far as it relates to testamentary
trustees.

An act entitled "An Act supplementary to the act to set apart,
for the use of the widow, or children, of a decedent, three hun-
dred dollars of the estate of said decedent, approved April four-



Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 51 of 71)