Raymond Moore Remick.

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

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affirmed in 267 Pa. 319, no, Atl. 165 245,296

Laverty's Est, 50 Pa. C. C. 259, 30 Dist. 507, 24 Dauphin 107 539, 552

Lawton's Est., 266 Pa. 558, 106 Atl. 699 307

Legal Investments, 69 P. L. J. 777 528-9

Lehman's Est, 8 Leh. 315, 33 York 113 246

Loewer's Est., 263 Pa. 517, 106 Atl. 789, reversing 27 Dist. 753 469

Manzke's Est, 13 Berks 152 3*6

Mauch's Est, 47 Pa. C. C. 490, 67 P. L. J. 308, 16 North. 405,

33 York 45 206, 45*

Maule's Est., 37 Lane, 231 16!



TABLE OF CASES 699

Maurer v. Straub, 16 Sch. 174 343

McDonald's Est., 268 Pa. 486, 112 Atl. 98 reversing 49 Pa.

C. C. 423, i Wash. 10 296

McLain's Est., i Wash. 220 224-5

McNulty's Est., 29 Dist. 709 232, 235, 296

Miles' Est., 272 Pa. 329 292, 322-4, 343

Miller's Est, 264 Pa. 310, 107 Atl. 684 415,417,565-6,573

Miller v. Brown, 49 Pa. C. C. 332 332

Moore's Est, 30 Dist. 152, 68 P. L. J. 670, 15 Del. 367. .233, 234, 236-7, 338-9

Morthland's Est., 32 York 137 539, 541

Moss' Est. 29 Dist. 235 595

Mulgrew's Est., 69 P. L. J. 169 238

Mulligan's Est., 47 Pa. C. C. 546, 28 Dist. 309 252

Myers v. Crick, 271 Pa. 399 176, 181, 188

Myers v. Lohr, 66 P. L,. J. 65, 19 Lack. 287, 8 Leh. 119, affirmed

in 72 Super. 472 418, 420-1

Noble's Est., 27 Dist. 331, 66 P. L. J. 414, 35 Lane. 369 545-6-7

Nolan's Est, 68 P. L. J. 588, 2 Erie in, 21 Lack. 239, 9 Leh. 57 296

Olson's Est, 65 P. L. J. 571, 34 Lane. 397 418-20

Owen's Est, 28 Dist 667 101

Patterson v. Reed, 260 Pa. 321, 103 Atl. 735 177

Perry's Est., 67 P. L. J. 216 215-6, 252

Pfanenschmidt's Est., 35 Montg. 135 243, 296

Phillips' Est., 271 Pa. 129 306

Poe's Est., 47 Pa. C. C, 590, 29 Dist. 857, 68 P. L. J. 635, 15

Del. 381 470, 487-8

Post's Est, 27 Dist. 748, 66 P. L. J. 761, 35 Lane. 226, 36 Lane.

8, 8 Leh. 115, 33 York n, 19 Lack. 62 307, 403

Randall's Est., 269 Pa. 530, 1 12 Atl. 780 437

Rauch's Est., 27 Dist. 792, 35 Lane. 205 469

Reel's Est., 65 P. L. J. 689, affirmed in 263 Pa. 248, 106 Atl. 227 417

Rosenfeld v. Wahal, 48 Pa. C. C. 362 230

Ruch's Est., 37 Lane. 69 506

Saint Joseph's L. R. C. Church, 49 Pa. C. C. 315, 16 Sch. 327 168, 176, 192

Scherrer's Est., 7 West 109 418, 420

Schreckengost's Est, 77 Super. 235 245, 307

Scott's Est., 49 Pa. C. C. 295 174

Segelbaum's Est., 24 Dauphin 274 232

Seidman's Est, 20 Lack. 176 115-6

Seiter's Est., 265 Pa. 202 241-2

Sharpless' Est, 28 Dist. 746, 15 Del. 16, 20 Luz. 161 264, 357-8

Shaw's Est, 65 P. L. J. 830 556

Shestack's Est, 267 Pa. 115, no Atl. 166 243, 296

Shoch's Est, 29 Dist. 1163, aff'd in 271 Pa. 158 243

Shontz's Est, 71 Super. 295 357

Skeer's Est, 49 Pa. C. C. 535, 30 Dist 542, 17 North. 302 .... 556



700 TABLE OF CASES

Smith's Est, 49 Pa. C. C. 453, 29 Dist. 917 415, 418

Spark's Est, 30 Dist. 815 229

Spencer's Est., 10 Berks 171 600

Spinelli v. Costello, 30 Dist. 411 434

Stapler v. Atkinson, 27 Dist. 995 102

Sterrett's Est, 28 Dist 147 467

Stock's Est., 49 Pa. C. C. 203, 29 Dist. 376 234

Stockdale's Est., 29 Dist. 1013 2, 304

Storer's Est., 28 Dist 215 113, 602

Troutman's Est, 270 Pa. 310 551

Troutman's Est, 30 Dist 708 296, 207, 299

Trust Funds, in re 68 P. L. J. 608, 50 Pa. C. C. 82 528

Tschopp's Est, 27 Dist. 103, aff'd in 71 Super. 434 415

Twining's Est, 37 Montg. 1 16 366

Wagenhorst's Est., 12 Berks 89 233

Wagner's Est., 30 Dist. 435, 13 Berks 6 467

Wand's Est, 50 Pa. C. C. 516 160,179

Wandall's Est, 29 Dist. 1 132 296

Weber's Est, 12 Berks 12, affirmed in 268 Pa. 7, no Atl. 785 215

Wehry's Est., 47 Pa. C. C. 486, 15 Sch. 262, 33 York 68 264

Wenger's Est, 27 Dist. 949, 35 Lane. 196 403

Whitaker's Est, 30 Dist 814, 35 York 99 34

Wightman's Est, 49 Pa. C. C. 614, 30 Dist 885, 68 P. L. J.

833 321-2-3, 342-3

Wilson v. Cook, 49 Pa. C. C. 16 215

Winsor's Est, 47 Pa. C. C. 105, 27 Dist 1010, 32 York 131,

affirmed in 264 Pa. 552, 107 Atl. 888 263, 265

Wyant's Est., 33 York 208 104

Wykoff v. Manzer, 22 Lack. 308 101, 459-61

Young's Est, i Wash. 250 245,246,252

Young's Est., 30 Dist 182 525

Young's Est (No. i), 28 Dist. 814, 67 P. L. J. 315 43O

Zerbe's Est., 13 Berks 277 403



INDEX

(References are to Sections.)
A

Abatement and survival of actions

of actions by failure to take out letters .

by or against fiduciaries

legacies

sequestration

Absconding party, attachment of

Absent person, title in, relief under Revised Price Act

spouse, title in, relief under Revised Price Act

Abuse of trust, as ground for removal of trustee

Accounting to surety by fiduciary, of investments

Accounts, copies of, duty of Register of Wills to furnish

of estate set apart from residue to pay annuity or legacy

of executors, administrators and trustees

and administrators, jurisdiction of the Orphans' Court

in

etc., of sale in partition

guardians

final

trustees

durante absentia

refusal to render as ground for removal of fiduciary ....

review of

Accrued payments, bequests of

Acknowledgment and recording election of guardian or trustee

of bond of Register of Wills

of deeds, etc., under Revised Price Act

of deeds or mortgages given on application for sale or

mortgage of real estate to pay debts

election to take under or against will

Actions, abatement and survival of

abatement of by and against fiduciaries

against non-resident fiduciaries

between fiduciaries

by and against executors and administrators

on refunding bonds, limitation of

to enforce lien of decedent's debts

Acts of executor or administrator, effect on, of later will

short title of Fiduciaries Act

Intestate Act

Orphans' Court Act

Orphans' Court Partition Act

Register of Wills Act

701



702 INDEX

Revised Price Act 211

Wills Act 251

Adjoining owners, squaring and adjusting lines of, under Re-
vised Price Act 171

Adjudication, review of 551

Administration, granting of letters of 355-64

jurisdiction o.f the Orphans' Court in 96

Administrators, accounts of 539-47

actions by and against 513

acts of, not impeached by discovery of will 365

application of, for sale or mortgage of real estate to

pay debts 432

to stay execution 428-9

as grantee in deed under contract of decedent for sale of

real estate 464

bond of 382-7

compensation on partition 46

c. t. a., bond of 383

powers and duties of 362

to sell real estate 494

d. b. n., powers of 363

durante minoritate, durante absentia and pendente lite,

powers of 364

effect of removal, etc., on sale in partition 43

foreign 59O-8

awards to 595

liability of, for interest 536-7

not to be appointed guardian 601

oaths of 380-1

of deceased fiduciary, bond of 386

estate of presumed decedent 372

judgment creditor, revival of judgment against 526

pleading by, effect of 521

removal of, effect of, on sale under Revised Price Act . . 196-201

sale in partition by 44

substitution of 512-22

Adopted children included in legacies or devises 236-7

rights of, under Intestate Act 338-9

rights of, under wills 236-7

rights of, when adopted subsequent to date of will 243

Advancements as affecting rights under Intestate Act 346

Advertisement in the Orphans' Court 1 10

of accounts by Register of Wills 542

allowance of $5,000, etc., under Intestate Act 298

application for sale or mortgage of real estate to pay

debts 438

granting of letters 391

notice of decree of presumption of death 369

private sale to pay debts 451



INDEX 703

petition for ancillary letters on estate of presumed decedent 367

for letters on estate of presumed decedent 366

to discharge real estate from lien of legacies, etc.,... 481

private sales in partition 48

proceedings under Revised Price Act 183

public sales under Revised Price Act 193

sale in partition 30

widow's or children's exemption 406

Affidavit required of foreign fiduciary to transfer securities.. 592

After-acquired real estate to pass by general devise 208

discovered property, inventory of 399

Alias and pluries citations in Orphans' Court 122

Alleyi, laying out, etc., under Revised Price Act 174

Allotment in partition, method of 17-20

to widow in partition 21

Allowance for support and education of minor 607

to surviving spouse where no children but collaterals under

Intestate Act 296-303

Amercements, process to recover in Orphans' Court 146

Ancillary letters, granting of 355

on estate of presumed decedent 367

Annuities payable in future, discharge of residuary estate from 474-8o
Appeal from decree of confirmation of appraisement of real

estate devised at a valuation 504

from decree of Orphans' Court on petition of surviving

spouse under Intestate Act where no heirs 341

from decree on audit of guardian's account 614

from decree on petition for reduction of fund set apart out

of residue for annuity or legacy 479

from decree on petition to discharge residue from legacy

or annuity payable in future 477

from judgment in Orphans' Court, effect on transcript in

Common Pleas 148

from order or decree on petition to discharge real estate

from lien of legacy, etc 490

from Orphans' Court 74

by fiduciary, effect of 561

right of and effect of 163

from proceedings under Revised Price Act 210

from refusal of issue from Orphans' Court to Common

Pleas on distribution of proceeds of sale 161

from Register of WHlls, bond on 282

costs) on 283

effect of 286

jurisdiction of Orphans' Court in 105

on matters of probate 276-7

testimony on 157-8

in partition proceedings 63

to Orphans' Court from Register of Wills 284-6



704 INDEX

Appearance in Orphans' Court, proceedings on default in 125

procedure to compel 115-25

Application of provisions as to Register of Will's bond 259

of purchase money in partition 38

obligation of purchaser from executor to see to 496

obligation to see to in sales under Revised Price Act 209

or mortgage money under Revised Price Act 189

to Orphans' Court for sale or mortgage of real estate to

pay debts 432-3

Appointment, defective, relief under Revised Price Act 180

of appraisers 400

for widow's or children's exemption 403

of real estate devised at a valuation 502

auditors to ascertain liens, etc., in partition 43

commissioners in partition 8

to designate curtilage of building devised 509

Deputy Register of Wills 261

fiduciary, effect of irregularity in on sale under Re-
vised Price Act 201

guardian by Orphans' Court 599

in proceedings under Revised Price Act 183

master for sale or mortgage under Revised Price Act 191
on application for sale or mortgage of real estate

to pay debts 436

on petition for discharge of residuary estate

from annuities or legacies payable in future . . 475

non-resident fiduciary 588

testamentary guardian by father 224

by mother 225

trustee durante absentia 617

for life tenant 469

for parties unknown, in partition 25

for parties not in esse, in partition 60

to fill vacancy 5^4-7

to make sale in partition 34

under Revised Price Act 185

power of, effect of general devise or bequest on 229

Apportionment of income 468

Appraisement and inventory 392-402

of allowance of $5,000 under Intestate Act 297

goods, etc., of decedent 400

widow or children's exemption 403

recording, etc. 273

right to take real estate at 501

Appraisers 400-2

appointment and duties where real estate claimed as allow-
ance of $5,ooo, etc., under Intestate Act is in another

county 302

of allowance of $5,000, etc., under Intestate Act, duties

and fees 297



INDEX 705

of real estate devised at a valuation 502-5

of widow's or children's exemption 403, 405-6

Approval of bond of 1 Register of Walls 256

Arrearages of rent-charge to be included in inventory 397

Assets, examination of 540

of decedent included in inventory and appraisement .... 394-9

pleadings as to 512-22

rents as, for payment of decedent's debts 417

Association, religious, beneficial or charitable, title in, relief

under Revised Price Act 176

Attachment execution in Orphans' Court 130

for contempt in Orphans' Court, discharge from 139

in Orphans' Court, dissolution of 138

of absconding party in Orphans' Court 137

the person in Orphans' Court 127, 132, 137-9

witnesses to wills 268

to compel entry of security by fiduciary 579

enforce order on executors or administrators to apply

for stay of execution 429

production of will 267

Attestation of process in Orphans' Court in

Attorney, power of fiduciary to convey by 495

Audit 548-50

of accounts, distribution without 553

guardian's accounts 612

Auditor, appointment of, in partition, to ascertain liens, etc., 43

for accounts 549-5

reference to, of appeal from Orphans' Court 164

reports of, review of 551

to apply proceeds of sale, etc., under Revised Price Act . . 190

ascertain amount due in partition 57

Authentication of copies of wills 592

Authority of fiduciary to sell securities distributed to him in

kind 557

Award of distribution protects executor or administrator .... 553

inquest in partition 8

to foreign executor or administrator 595

trustee 598

B

Balances due by fiduciary, transcript of 561-2

Beneficial associations, title in, relief under Revised Price Act 176
Bequests, see also Legacies.

for religious or charitable uses 222

general, operation of 229

importing failure of issue, construction of 232

of emblements, crops, rents, etc 223

personalty revocation of 242

over $100 under nuncupative will 219

to corporation, notice of .,.,,...........,.,,... 465

45



706 INDEX

Bids above valuation in partition 16

Bill of costs in Orphans' Court 91

Register of Wills 287

Birth of children as revoking wills pro tanto 243

Blood of first purchaser, rule as to, abrogated 332

Bond and mortgage of decedent 425

copies of, duty of Register of Wills to furnish 274

effect of granting letters without 385

exceptions to 387

in partition proceedings 35

for caveat 281-2

of administrator c. t a. 383

executors and administrators 382-7

for distribution of proceeds of sheriffs' sales

against decedent 427

of deceased fiduciary 386

of fiduciaries 388-90

in sales for distribution 32

foreign fiduciary on removat of property 506

guardians 605

legatees under legacies charged on land 473

non-resident fiduciary 588

Register of Wills 256-60

acknowledgment, filing and recording of 257

form and approval of 256

trustee durante absentia 618

for life interest in partition 41

unknown parties in partition 25

on appeal from the Register of Wills 282

required on application for sale or mortgage of real estate

to pay debts 437

decree of presumption of death 371

lease of real estate by testamentary trustees or

guardians 497

petition to release real estate from lien of debts .... 458

foreclosure of mortgage under Revised Price Act . . . 188

under Revised Price Act 192

refunding 559-6o

on distribution of estate of presumed decedent 373

Bonds to be included in inventory and appraisement 394

transfer of by foreign fiduciary 592

Books and papers, production of, in Orphans' Court 155

Brothers and sisters as heirs of illegitimates under Intestate

Act 335

legacies and devises to, not to lapse when 274

rights of, under Intestate Act 318-21

Building devised, designation of curtilage 508-11



INDEX



707



Caveats 281-4

Certification to Orphans' Court of proceedings on issue d. v. n. 279-80
Certified copies of bonds, etc., duty of Register of Wills to

furnish 274

decrees of allowance of $5,ooo, etc., under Intestate Act,

to be recorded, etc 303

wills 270

probated in other counties, filing of 275

Cestuis que trust, majority of, right to removal of trustee . . . 574

Charge, discharge of real estate from lien of 481-90

Charitable and religious uses, bequests for 222

associations, title in, relief under Revised Price Act 176

Child and surviving spouse, rights of under Intestate Act .... 294

Children, adopted, rights of, under Intestate Act 331-9

adopted, rights of under will 236-7

adopted, rights of against will 243

and surviving spouse, rights of under Intestate Act 295

birth or adoption of, as revoking wills pro tanto 243

devises and legacies to 236-7

exemption 403-14

illegitimate, inheritance of, under Intestate Act 334-7

legitimate and illegitimate, inheritance as between

under Intestate Act 335

minor, exemption to 407-8

maintenance of, from spendthrift trust 240

of deceased grandparents, rights of, under Intestate Act 325, 329

of nephews and nieces, rights of, under Intestate Act 320

posthumous, rights between, under Intestate Act 344

Choice of guardian by minors 599-601

Citation by Register of Wills to parties in interest in estate

of presumed decedent 377

for appeal from Register of Wills 285

inquest in partition 5

in the Orphans' Court 116-23

alias and pluries 122

decree on default 124

service of 117-20,124

place of 119

proof of 124

return of 121

of executors and administrators to account 539

on petition for discharge of residuary estate from annui-
ties or legacies payable in future 475

removal of fiduciary 575

to discharge real estate where charge paid 485

to elect to take under or against will 248

file inventory and appraisement 393

heirs on petition of surviving spouse under Intestate

Act where no known heirs 341



7 o8



INDEX



to produce will 267

to refuse or accept real estate at an appraisement 505

under Revised Price Act 183

Claimants, notice of filing- accounts to 541

Claims against estate, compromise of 527

not presented at audit barred 555

under Intestate Act, limitation of 345

Clerk of Orphans' Court and assistants 87-91

to execute deeds, etc., in sale or mortgage to fiduciary

under Revised Price Act 202

to execute deeds under Revised Price Act on re-
moval of fiduciary 196-201

Coal and timber lands, partition of, jurisdiction of Orphans'

Court 3

Coal mining lease, fiduciaries' power as to 624-5

Codicil, effect of, on will 241

Co-fiduciaries, actions between 525

power of survivor, on removal, etc., of one, in sale under

Revised Price Act 197

Collateral heirs, rights of under Intestate Act 317-21

inheritances not affected by power in foreign fiduciary to

sell real estate 593

Collection of rents of decedent for payment of debts 417

Commission collectible when same person, executor or trustee 538

to take depositions of witnesses to wills 269

to take testimony 153

Commissioners in partition, appointment of 8

compensation of 9

where land in different counties 53

making of partition by 10-13

to designate curtilage of building devised 508

Common Pleas, filing of transcript in, from Orphans' Court 148

filing writ of sequestration in, from Orphans' Court 136

form of precept to 160

issue to on proceeds of sale 161-2

judge sitting in Orphans' Court 77-8o

jurisdiction of, over trusts, not impaired 574

jurisdiction of under Revised Price Act 168-184

Orphans' Court judge sitting in 81-4

precept to on issue of devisavit vel non 278

transcript to, of balance due by fiduciary 561

Commonwealth, fee for, on issue of letters 289

tax for, collection of, by Register of Wills 287

Compensation of appraisers 402

of real estate devised at a valuation 503

widow's or children's exemption 405

commissioners or jurors in partition 9

to designate curtilage of building devised 509

Common Pleas judge sitting in Orphans' Court 80

examiners 540



INDEX 709

executors, etc., on partition 46

judge specially called in Orphans' Court 76

Orphans' Court judge sitting in Common Pleas 84

where executors are also trustees 538

Compromise of actions by fiduciaries 5 2 7

Confirmation of accounts dependent on notice 544

appraisement of widow's or children's exemption 406

decree of presumption of death 370

guardians' accounts 612

report of commissioners to designate curtilage of building

devised 5 IQ

sale to pay debts 453

under Revised Price Act 207

Consolidation of mining lands under Revised Price Act 172

Construction of "die without issue", etc 232

wills as to time they take effect 227

Contempt, attachment for, in Orphans' Court, discharge from 139
Continuance where executor or administrator substituted as

party 5*8

Contracts of decedent for sale or purchase of real estate . . . 459-64

to sell real estate, jurisdiction of Orphans' Court in 101

Control of Orphans' Court over sale of real estate by executor 493
Conveyance by owner of undivided interest under Revised

Price Act 173

of real estate on decree of presumption of death 371

by executors 492

or mortgage for payment of debts where fiduciary is pur-
chaser or mortgagee 447

Copy, certified, of decree of allowance of $5,000, etc., under

Intestate Act to be recorded, etc 303

of bond, etc., duty of Register of Wills to furnish 274

of Register of Wills as evidence 258

of inventory and appraisement as evidence 273

of wills, certified 270

probate of 266

probated in other county, filing of 275

Corporate bond of fiduciary, expense of 390

Corporation, bond of under Revised Price Act 192 '

devise or bequest to, notice of ; 465

fiduciary, oath of officer 381

of other states as fiduciaries 588

organization of, to carry on decedent's business 532-4

stock of, voting of, by fiduciary 535

testamentary trustee or guardian, bond required on lease

of real estate 497

unable to convey, title in, relief under Revised Price Act 176

Cost of recording decree of widow's or children's exemption 414
Costs attendant to granting or revoking letters on estate of

presumed decedent 379

bill of, in Orphans' Court 91



710 INDEX

Register of Wills 287

collection of by Register of Wills 288

of audit of guardian's account 613

proceedings to designate curtilage of building devised 511

discharge real estate from lien of legacies, etc 489

proceedings to reduce bond of fiduciary 389

on caveat or appeal from Register of Wills 283

partition 45-6

petition to reopen decree 144

proceedings to enforce contract of decedent for sale or

purchase of real estate 462

oral depositions outside of state 154

Co-trustee, resident, of non-resident fiduciary 589

Counsel fee on partition 45

Counter security, requirement of 581

Counties, real estate in different, claimed as allowance under

Intestate Act, proceedings to set aside 302

real estate in different, jurisdiction to take at appraisement 501
real estate in different, jurisdiction to discharge from lien

of legacies, etc 481

real estate in different, sale or mortgage of, under Re-
vised Price Act 203-4

to which provisions as to bond of Register of Wills do

not apply 259

County, will probated in one, filing certified copy in another 275

Court rooms of Orphans' Court 86

Creditors, application of for sale or mortgage of real estate

to pay debts 433

barred by failing to present claims 555

Crops, bequests of ; 223

Cross or mark as signature to will 216

Curtesy, husband's share under Intestate Act in lieu of 305

Curtilage of building devised, designation of 508-11

Custody of estate set apart from residue to pay annuity, etc., 478

of person of child by testamentary guardian 224

D

Death of executor, etc., effect of, on sale in partition 42

of fiduciary, effect of, on sale under Revised Price Act.. 196-201

of plaintiff, abatement of action on 522

Debt, evidences of, to be included in inventory and appraise-
ment 394

Debts, account of, on application to Orphans' Court for sale

or mortgage of real estate to pay debts 434

due by executor to decedent to be included in inventory 395

estate, statute of limitations as to 523

lien of, proceedings to relieve real estate from 456-8

of decedent 415-58

discharge of, by decree under Revised Price Act 186

sale or mortgage of real estate for 430-55



INDEX 711

Deceased fiduciary, bond of executor or administrator of .... 386

Decedent, presumed 366-80

Decedent's debts, discharge of by decree under Revised Price

Act 186

lien of 418-29

payment of 415-6

sale or mortgage of real estate for 43-55

contracts for sale or purchase of real estate 459-64

undivided interest in partition, valuation of 14

Decree as to surplus income from estate set apart out of resi-
due to pay annuity or legacy 478

effect of, under Revised Price Act 186

for delivery of trust property, enforcement of 141-2

in partition, effect of 22

proceedings under Revised Price Act 183

of allowance of $5,ooo, etc., under Intestate Act, certified

copy of to be recorded, etc 303

of confirmation of commissioners to designate curtilage of

building devised 510

of Orphans' Court on final accounts of guardians 615



Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 68 of 71)