Raymond Moore Remick.

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

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teenth, one thousand eight hundred and fifty-one," approved
November 27, 1865, P. L. (1866) 1227, absolutely.

An act entitled "Supplement to an act, entitled 'An Act provid-
ing additional remedies against trustees of a trust, created for
life, or during marriage, and providing a remedy for the pro-
tection of their sureties,' approved March twenty-seventh, one
thousand eight hundred and sixty-five," approved April 17, 1866,
P. L. in, in so far as it relates to trustees subject to the juris-
diction of the orphans' court.

An act entitled "An Act enlarging the powers of the orphans'
court, so as to discharge liens on real estate," approved May 17,
1866, P. L. 1096, absolutely.

An act entitled "A supplement to the act of the fifteenth of
March, Anno Domini one thousand eight hundred and thirty-two,
entitled 'An Act relating to registers and registers' courts,' " ap-
proved April 15, 1867, P. L. 86, absolutely.

An act entitled "An Act to authorize the court of common pleas
and orphans' court of the city of Philadelphia to appoint and re-
move trustees," approved April 9, 1868, P. L. 785, in so far as it
relates to trustees subject to the jurisdiction of the orphans' court.

An act entitled "An Act relating to orphans' courts, conferring
upon said courts power to define boundaries in certain cases of
devises and conveyances for life or term of years," approved
April 14, 1868, P. L. 97, absolutely.

Section I of an act entitled "An Act relating to the appointment
of auditors in the courts of the county of Montgomery," approved
February 18, 1869, P. L. 183, absolutely.

An act entitled "An Act relative to actions of trespass and for
mesne profits," approved April 12, 1869, P. L. 27, absolutely.

An act entitled "An Act for the protection of contingent inter-
ests," approved April 17, 1869, P. L. 70, absolutely.
31



482 FIDUCIARIES ACT SECTION 63

An act entitled "An Act relating to the appraisement of real
estate devised by any last will and testament within this common-
wealth," approved April 17, 1869, P. L. 72, absolutely.

An act entitled "A supplement to an act relating to assignees
for the benefit of creditors and other trustees, approved June
fourteenth, one thousand eight hundred and thirty-six," approved
May 17, 1871, P. L. 269, in so far as it relates to fiduciaries ap-
pointed by the orphans' court or by virtue of any last will or
testament.

An act entitled "A further supplement to an act entitled, 'An
Act relating to executors and administrators, approved twenty-
fourth of February, one thousand eight hundred and thirty-four,"
approved May 17, 1871, P. L,. 269, absolutely.

An act entitled "A further supplement to an act, entitled 'A
further supplement to an act relating to orphans' courts,' passed
the twenty-ninth day of March, one thousand eight hundred and
thirty-two, and the supplement, passed fourteenth of April, one
thousand eight hundred and thirty-five, arid the further supple-
ment, passed fourteenth of April, one thousand eight hundred
and forty," approved May 25, 1871, P. L. 279, absolutely.

An act entitled "An Act providing for the entry of certain pro-
ceedings on the judgment indexes of the several courts of this
commonwealth," approved June 15, 1871, P. L. 387, in so far as
it relates to proceedings to revive and continue the lien of debts
against a decedent's real estate.

An act entitled "An Act relating to foreign executors, adminis-
trators, guardians and representatives of decedents and wards,"
approved April 8, 1872, P. L. 44, absolutely.

An act entitled "An Act to provide for the recording of deaths
of testators and intestates in the office of register of wills," ap-
proved May 15, 1874, P. L. 194, absolutely.

An act entitled "An Act relative to the transfer of the loans of
this commonwealth, and of the city of Philadelphia, and to amend
the provisions of the twenty-second section o an act, entitled
'An Act to authorize the Governor to incorporate the Delaware
Canal Company, and for other purposes,' approved the thirteenth
day of April, eighteen hundred and forty-three, and extending the
same to the holders of any loans of this commonwealth, or of the
city of Philadelphia, domiciled or resident out of this common-
wealth, who shall have heretofore died or hearaf ter die," approved
May 15, 1874, P. L. 195, absolutely.



FIDUCIARIES ACT SECTION 63 483

The proviso to Section 6 of "An Act relating to the organiza-
tion and jurisdiction of orphans' courts, and to establish a sepa-
rate orphans' court in and for counties having more than one
hundred and fifty thousand inhabitants, and to provide for the
election of judges thereof," approved May 19, 1874, P. L. 206,
absolutely.

An Act entitled "An Act to validate sales and conveyances,
under the decrees of courts of this commonwealth, by persons
irregularly or improperly appointed or defectively qualified,"
approved April 28, 1876, P. L. 50, in so far as it relates to pro-
ceedings in the orphans' court.

An act entitled "A further supplement to an act, entitled 'An
Act relating to orphans' court,' approved the twenty-ninth day of
March, Anno Domini one thousand eight hundred and thirty-two,
designed to extend the fourteenth section of said act, so as to
authorize investments I y executors, trustees and other persons
holding property in a fiduciary capacity in bonds or certificates
of debt created by any of the counties, cities or municipal cor-
porations of this commonwealth," approved May 8, 1876, P. L.
133, absolutely.

An act entitled "An Act relating to the execution of trusts by
corporations," approved February 16, 1877, P. L. 3, in so far as it
relates to fiduciaries subject to the jurisdiction of the orphans'
court.

Sections I and 2 of an act entitled "An Act to provide for and
to validate the execution and delivery of deeds and conveyances of
real estate, in cases in which administrators, executors, guardians
and trustees, may die or have died, between the time of sale and
the time appointed for the payment of purchase money and de-
livery of the conveyance, and also in cases in which the adminis-
trator, executor, guardian or trustee may have received authority
from the proper court to purchase real estate sold by him, either
under the provisions of any last will and testament, or by the
authority or under the direction of any court having jurisdiction
to make a decree, directing such real estate to be sold," approved
May 22, 1878, P. L. 83, in so far as they relate to the orphans'
court.

Sections i, 2 and 3 of an act entitled "An Act to provide for the
appointment of trustees durante absentia, and defining the powers
and duties of the same," approved April u, 1879, P. L. 21,
absolutely.



484 FIDUCIARIES ACT SECTION 63

An act entitled "An Act to regulate the compensation of audi-
tors and commissioners," approved June 4, 1879, P. L. 84, in so
far as it relates to auditors and commissioners appointed by the
orphans' court.

An act entitled "A supplement to extend the provisions of an
act, entitled 'An Act providing additional remedies against trus-
tees of a trust created for life, or during marriage, and providing
a remedy for the protection of their sureties/ approved the twenty-
seventh day of March Anno Domini, one thousand eight hundred
and sixty-five, to the orphans' courts of the respective counties of
this commonwealth," approved May 10, 1881, P. L. 14, in so far
as it relates to trustees subject to the jurisdiction of the orphans'
court.

An act entitled "A supplement to an act, approved April thirteen,
one thousand eight hundred and fifty-nine, entitled 'An Act re-
lating to executors, administrators and guardians,' " approved
June 10, 1881, P. L. 106, absolutely.

An act entitled "An Act to confer power on the several orphans'
courts having jurisdiction of the accounts of executors and ad-
ministrators to order and direct a sale for the payment of the
debts of such decedent of any lands lying partly in two or more
counties," approved June 4, 1883, P. L. 65, absolutely.

An act entitled "An Act providing the manner in which widows'
and children's exemption in decedents' estates shall and may be
set aside to them in certain cases," approved June 4, 1883, P. L.
74, absolutely.

An act entitled "An Act to permit foreign executors or ad-
ministrators to issue scire facias to preserve and continue the lien
or liens of judgments in favor of decedents within this common-
wealth, and before letters of administration have been taken out
within this state," approved June 27, 1883, P. L. 163, absolutely.

An act entitled "An Act relating to the grant of letters of ad-
ministration upon the estates of persons, presumed to be dead, by
reason of long absence from their former domicile," approved
June 24, 1885, P. L. 155, absolutely.

An act entitled "An Act limiting the time within which action
may be brought upon refunding bonds given upon the distribution
or partition of estates of decedents," approved June 30, 1885, P.
L. 203, absolutely.

An act entitled "An. Act authorizing executors or trustees to
unite with others in the organization of corporations," approved
April 22, 1889, P. L. 42, absolutely.



FIDUCIARIES ACT SECTION 63 485

An act entitled "An Act to authorize courts, having cognizance
of trusts created by deed or will, to direct trust funds to be placed
in the custody of trustees appointed by the courts of another state
or territory of the United States, in cases where the person or
persons beneficially interested in such trust have removed to such
other state or territory of the United States," approved May 8,
1889, P. L. 123, in so far as it relates to trusts created by will.

An act entitled "An Act relating to orphans' court sales," ap-
proved May 9, 1889, P. L. 182, absolutely.

An act entitled "An Act amending an act, entitled 'An Act
respecting the estate of non-resident wards,' approved the twenty-
first day of April, Anno Domini one thousand eight hundred and
fifty-six, extending the provisions thereof so that the same may
apply to trustees and cestui que trusts," approved May 13, 1889,
P. L. 190, absolutely.

Section 2 of an act entitled "An Act relating to judicial sales
and the preservation of the lien of mortgages," approved May 19,
1893, P. L. no, absolutely.

An act entitled "An Act to enable the surety of any trustee,
committee, guardian, assignee, receiver, administrator, executor,
or other trustee, or any person interested in the trust, to require
the filing of statements exhibiting the manner of the investment
of the trust funds, and providing for the removal of such trustee,
committee, guardian, assignee, receiver, administrator, executor,
or other trustee, by the court," approved June 3, 1893, P. L. 273,
in so far as it relates to fiduciaries subject to the jurisdiction of
the orphans' court.

An act entitled "An Act regulating the satisfaction, extinguish-
ment or discharge of dowers, legacies or other charges upon land,
by judicial decree where the legal presumption of payment of the
same exists from lapse of time, or where payment of the same has
been made in full and no satisfaction, extinguishment, release
thereof appears of record," approved June 8, 1893, P. L. 356,
absolutely.

An act entitled "An Act to limit the duration of the lien of the
debts of decedents other than those of record on their real estate,"
approved June 8, 1893, P. L. 392, absolutely.

An act entitled "An Act providing for the release and discharge
of encumbrances or charges on land in all cases in which the
period of twenty-one years has elapsed after the principal of the
encumbrance or charge has become due and payable, and no pay-



486 FIDUCIARIES ACT SECTION 63

merit has been made within such period of twenty-one years on
account of such encumbrance or charge by the owner or owners
of the land sought to be released and discharged and no sufficient
release is of record in the county, and regulating proceedings for
such release and discharge," approved May 8, 1895, P. L. 44, in
so far as it relates to the orphans' court.

An act entitled "A supplement to an act, entitled 'An Act
relating to executors and administrators,' approved February
twenty-fourth, one thousand eight hundred and thirty-four, re-
lating to the lien of judgments against decedents," approved June
18, 1895, P. L. 197, absolutely.

Section I of an act entitled "An Act providing that the right of
action for injury wrongfully done to the person shall survive
against the personal representative of the wrong-doer, and limit-
ing the time within which suit for such injury must be brought,"
approved June 24, 1895, P. L. 236, absolutely.

An act entitled "An Act to allow receivers, assignees, guardians,
committees, trustees, executors and administrators to include in
the lawful expenses of executing their trusts such reasonable sum
paid a company, authorized under the laws of this state so to do,
for becoming their surety as may be by court allowed, not exceed-
ing one per centum per annum on the amount of such bonds," ap-
proved June 24, 1895, P. L. 248, in so far as it relates to fiducia-
ries subject to the jurisdiction of the orphans' court.

An act entitled "An Act to authorize executors and trustees,
non-residents of the commonwealth, to convey real estate," ap-
proved June 23, 1897, P. L. 200, absolutely.

An act entitled "An Act authorizing the payment into the
orphans' court of the money due on dowers, legacies or other
charge upon land where the person or persons to whom the dower,
legacy or other charge upon land is due and payable cannot be
found, and providing for the satisfaction, extinguishment or dis-
charge thereof, and to ascertain the amount thereof," approved
July 14, 1897, P. L. 269, absolutely.

An act entitled "An Act enlarging the powers of the orphans'
court, and to provide a further remedy for the collection of dower
interest due to widows," approved April 28, 1899, P. L. 120,
absolutely.

An act entitled "An Act authorizing the orphans' courts of the
commonwealth to decide specific performance of written contracts,
and also parol contracts when so far executed that it would be



FIDUCIARIES ACT SECTION 63 487

inequitable to rescind, for the sale of real estate, where the ven-
dor has died without conveying, and in cases where the vendee
has died without having paid the purchase money, and authorizing
the recording of the decrees in such cases in the counties where
the real estate lies," approved April 28, 1899, P. L. 157 absolutely.

An act entitled "An Act to allow an executor, administrator,
guardian, assignee, or trustee to institute an action at law, or
other legal or equitable proceedings, against a co-executor, ad-
ministrator, guardian, assignee or trustee, to recover or enforce
any debt or obligation individually due the estate which he repre-
sents," approved May n, 1901, P. L,. 174, in so far as it relates to
fiduciaries subject to the jurisdiction of the orphans' court.

An act entitled "An Act to confer on the several orphans' courts
having jurisdiction of the accounts of guardians, power to order
and direct a mortgage or a public or private sale, for the payment
of debts or for other purposes, of any lands lying partly in two or
more counties, divided by county lines," approved May 21, 1901,
P. L. 272, absolutely.

An act entitled "An Act to amend the first section of an act,
entitled 'An Act to limit the duration of the lien of the debts of
decedents, other than those of record, on their real estate,' ap-
proved the eight day of June, Anno Domini one thousand eight
hundred and ninety-three, and to extend the provisions of said
act so as to limit the duration of the lien upon real estate of the
decedents, other than those secured by mortgage or by judgment
entered or revived by scire facias within five years prior to the
death of such decedent," approved June 14, 1901, P. L. 562,
absolutely.

Section I of an act entitled "An Act authorizing the orphans'
court to adjudge real estate to persons, to whom the right to take
the same at a certain valuation has been given in a will, and who
are appointed executors of the same will ; providing for the pay-
ment of the purchase money, and confirming titles to real estate
heretofore taken under similar proceedings," approved March 5,
1903, P. L. 10, absolutely.

An act entitled "An Act providing for the voting of shares of
stock in corporations in this commonwealth, held by executors, ad-
ministrators, guardians, and trustees, and the manner of voting
the same," approved March 16, 1905, P. L. 42, in so far as it re-
lates to fiduciaries subject to the jurisdiction of the orphans'
court.



488 FIDUCIARIES ACT SECTION 63

An act entitled "An Act to amend the first section of an act
approved the eleventh day of April, Anno Domini one thousand
eight hundred and seventy-nine, entitled 'An Act to provide for
the appointment of trustees durante absentia, and defining the
powers and duties of the same,' providing for the appointment of
a trustee of the estate of any absentee, who has been a resident of
this commonwealth or of any other state, territory or foreign
country, who has left either real or personal estate, or both, in
this commonwealth," approved March 30, 1905, P. L. 77, abso-
lutely.

An act entitled "An Act to regulate the transfer of funds from
executors and administrators, in this commonwealth, to foreign
executors and administrators," approved March 31, 1905, P. L.
91, absolutely.

An act entitled "An Act to extend the statute of limitations to
debts or demands arising or falling due to the estate of a decedent
after the death of such decedent," approved April 6, 1905, P. L.
1 14, absolutely.

An act entitled "A supplement to an act, entitled 'An Act re-
lating to the granting of letters of administration upon the estates
of persons, presumed to be dead, by reason of long absence from
their former domicile/ approved June twenty-fourth, one thou-
sand eight hundred and eighty-five ; providing for the probate of a
will of a person whose death, by presumption has been established,
and for attachment of such will to letters of administration granted
in the case," approved April 14, 1905, P. L. 153, absolutely.

An act entitled "An Act to amend an act approved the seven-
teenth day of May, one thousand eight hundred and sixty-six,
entitled 'An Act enlarging the powers of the orphans' court, so as
to discharge liens on real estate/ so as to include charges on real
estate by the provisions of a last will and testament, or otherwise,"
approved March 22, 1907, P. L. 29, absolutely.

An act entitled "An Act authorizing employers to pay to the
wife, children, brother or sister, father or mother, boarding-house
keeper, undertaker, nurse, or physician wages due a deceased em-
ploye," approved May 23, 1907, P. L. 201, absolutely.

An act entitled "An Act to allow receivers, assignees, guardians,
committees, trustees, executors, and administrators to include in
the lawful expenses of executing their trust such reasonable sum
paid a company, authorized under the laws of this state so to do,
for guaranteeing the payment of the principal and interest of



FIDUCIARIES ACT SECTION 63 489

mortgages or other securities in which they are required to invest
the funds of their estate, not exceeding one-half of one per centum
per annum on the principal of such mortgage or other securities,"
approved May 28, 1907, P. L. 271, in so far as it relates to fiducia-
ries subject to the jurisdiction of the orphans' court.

An act entitled "An Act to provide for the discharge of sureties
upon bonds of trustees, committees, guardians, assignees, re-
ceivers, executors, administrators, and other fiduciaries," ap-
proved June i, 1907, P. L. 384, in so far as it relates to fiduciaries
subject to the jurisdiction of the orphans' court.

An act entitled "An Act authorizing the parties in interest, or
their counsel, to select auditors and masters needed in judicial
proceedings; except in divorce cases," approved April I, 1909,
P. L. 95, in so far as it relates to proceedings in the orphans' court.

An act entitled "An Act to amend sections twenty-nine and
thirty of an act, approved the twenty-ninth day of March, Anno
Domini eighteen hundred and thirty-two, entitled 'An Act re-
lating to orphans' courts,' and validating execution and attachment
execution process issued out of the courts of common pleas of
this commonwealth, upon transcripts from any orphans' court of
this commonwealth, for balances due from, or in the hands of,
any executor, administrator, guardian, or other accountant, on the
settlement of their respective accounts in the orphans' court," ap-
proved April 27, 1909, P. L. 202, except in so far as it relates to
proceedings begun prior to its date.

An act entitled "An Act to limit the duration upon real estate
of the debts of decedents, including the expenses of the settlement
of the estate, and to provide under what conditions the lien may
be continued," approved May 3, 1909, P. L,. 386, absolutely.

An act entitled "An Act to provide for the filing, auditing, and
confirmation, in certain cases, of accounts of trustees and of com-
mittees of lunatics and of habitual drunkards," approved May 3,
1909, P. L. 391, in so far as it relates to trustees subject to the
jurisdiction of the orphans' court.

An act entitled "An Act providing that the widow or children
of any decedent dying outside of this commonwealth, but whose
estate is settled in this commonwealth, may retain either real or
personal property belonging to said estate to the value of three
hundred dollars," approved May 6, 1909, P. L. 459, absolutely.

Sections i, 2 and 3 of an act entitled "An Act relating to pri-
vate sales of real estate, ordered, decreed, or approved by the



490 FIDUCIARIES ACT SECTION 63

orphans' courts ; and providing a method of giving notice of such
sales, and validating such private sales of real estate, heretofore
made under the authority of the orphans' courts, for the payment
of debts," approved June 9, 1911, P. L. 724, absolutely.

An act entitled "An Act to amend section ten of an act, ap-
proved the twenty-ninth day of March, Anno Domini one- thou-
sand eight hundred and thirty-two, entitled 'An Act relating to
orphans' courts,' so as to permit the accounts of the guardians of
minors' property therein mentioned and described to be examined
and audited, and the matters therein contained confirmed by de-
cree of orphans' court, with the same force and effect as the
partial accounts of executors, administrators, and temporary
trustees are audited, examined, allowed, and confirmed," approved
June 9, 1911, P. L. 744, absolutely.

An act entitled "An Act to confer power on the several orphans'
courts having jurisdiction thereof, when the balance for distri-
bution in an estate, after the debts are paid, includes stocks, bonds,
and other securities, to make distribution of the same in kind to
parties entitled thereto, to authorize subsequent sales thereof, and
to validate such distributions heretofore made," approved June
10, 1911, P. L. 870, absolutely.

An act entitled "An Act to provide that persons buying real
estate in this commonwealth, from executors or trustees named
in the last will and testament of any person dying testate, and who
hold the same in trust under the provisions thereof, and who
make sale of same under the power of sale in said last will and
testament contained, shall take title to said real estate free and
discharged of any obligation to see to the application of the pur-
chase money," approved June 10, 1911, P. L. 874, absolutely.

An act entitled "An Act to amend an act, approved the eight
day of April, Anno Domini one thousand eight hundred and
seventy-two, entitled 'An Act relating to foreign executors, ad-
ministrators, guardians, and representatives of decedents and
wards,' by extending the provisions thereof to the assignment and
satisfaction of record of mortgage debts and indentures of mort-
gage and to the receipt of the interest thereon," approved June
13, 1911, P. L,. 890, absolutely.

An act entitled "An Act to amend an act approved the twenty-
fourth day of February, one thousand eight hundred thirty-four,
entitled 'An Act relating to executors and administrators,' " ap-
proved May 23, 1913, P. L. 344, absolutely.



FIDUCIARIES ACT SECTION 63 491

An act entitled "An Act relating to the real estate of persons
presumed to be dead, and providing a method of freeing such
estate from all claim or interest of such persons," approved May
28, 1913, P. L. 369, absolutely.



Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 52 of 71)