Raymond Moore Remick.

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

. (page 69 of 71)
Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 69 of 71)
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of presumption of death 369-71

of reduction of fund set apart out of residue to pay

annuities or legacies 479

of sale in partition 30

of specific performance of decedent's contract for sale or

purchase of real estate 459

of widow's or children's exemption, recording, etc., of.. 414

on audit of guardian's account 612-4

on petition for discharge of residuary estate from annuity

or legacy payable in future 476

on petition for removal of fiduciary 575

on petition of surviving spouse under Intestate Act where

no known heirs 341

on petition to discharge real estate from lien of legacies,

etc 482-7

when charge paid 416

on petition to enforce payment of legacy charged on land 471

on petition to relieve real estate from lien of debts 458

on petition where real estate is devised to executor at a

valuation 506

on proof of service of citation in Orphans' Court 124

proceedings in Orphans' Court to compel obedience to .... 126-49

under Revised Price Act, execution of 184

Deed, effect of, under contract of decedent for sale or pur-
chase of real estate 462

Deeds, acknowledgment of under Revised Price Act 195

and mortgages, acknowledgments of, when given under
application for sale or mortgage of real estate to pay

debts 440

Default of appearance in Orphans' Court, proceedings on ... 125



712 INDEX

Defect in appointment of fiduciary, effect of, on sale under

Revised Price Act 201

in appointment of fiduciary, effect of, on sale or mortgage

of real estate to pay debts 446

in appointment relief under Revised Price Act 180

Delegation of discretion by fiduciary forbidden 495

Delivery of trust property, enforcement of 141-2

Depositions, commission to take, by Register of Wills 269

in Orphans' Court 152-4

oral, oustide of state ' 154

Deputy Register of Wills, appointment and duties 261

Descendants of brother and sister, rights of under Intestate

Act 321

of deceased grandparents, rights of under Intestate Act 327-31

rights of, under Intestate Act 31 1-5

Descent and distribution in cases of intestacy 292-352

Desertion by husband bars share in wife's estate under Intes-
tate Act 306

by parent, effect of on right to appoint testamentary

guardian 226

by wife, bars share in husband's estate under Intestate

Act 307

Designation of curtilage of building devised 508-11

Destroyed or lost records in Orphans' Court 156

Deviation from forms, immaterial, effect of 620

Devisavit vel non, certification to Orphans' Court of proceed-
ings on 279-80

issue of, precept for 160, 278

Devisee, forfeiture of right of, for murder of testator 244

Devises for limited purposes, relief under Revised Price Act 178

general, operation of 229

importing failure of issue, construction of 232

in favor of lineal descendants, not to lapse when 233

lapsed and void 233-5

of estate in fee tail 231

of real estate 230

at a valuation, procedure 501-7

revocation of 241

subject to mortgage 239

to brothers and sisters, not to lapse when 234

children 236-7

corporation, notice of 465

fall into residue when 235

"Die without issue," etc., construction of 232

Disability, legal, title in person under, relief under Revised

Price Act 176

Discharge from attachment for contempt in Orphans' Court 139

of fiduciaries and sureties 563-4

of judgment against fiduciary on transcript to Common

Pleas 562



INDEX 713

in Common Pleas, on transcript from; Orphans' Court 149

of liens b> sale in partition 36

to pay debts ; 454

under Revised Price Act 208

of liens of decedent's debts by decree under Revised Price

Act 186

of real and personal estate from lien of debts, etc., juris-
diction of the Orphans' Court in 103

of the Orphans' Court in 103

of real estate from annuities or legacies payable in future 474-80

from lien of legacies, etc 481-90

of residue after providing for annuity or legacy payable in

future 477

of surety, procedure for 582

Discretion, power of fiduciary to delegate 495

Disposition of appeals from Orphans' Court 164

title, jurisdiction of Orphans' Court in 99

Dissolution of attachment in Orphans' Court 138

of sequestration, filing of 136

Distraint for rent by executor or administrator 515

Distribution by employer of wages 558

compromise by fiduciary of matters pertaining to 5 2 7

in cases of intestacy 292-352

in kind 556

of estates 552-8

jurisdiction of Orphans' Court in 97

not over $300 554

of presumed decedent 372-3

of moneys paid into court on petition to discharge real es-
tate from lien of legacies, etc 408

of proceeds of sale, issue on, from Orphans' Court to

Common Pleas 161-2

of proceeds of sale under petition to enforce payment of

legacies charged on land 471

of proceeds of sheriff's sale against decedent 427

Dividends, etc., from property set apart under Intestate Act

as allowance of $5,000, etc 301

of property claimed under widow's or children's exemption 412

Docketing of writ of sequestration in prothonotary's office . . 136

Dockets of Orphans' Court 89

partition 61

Domicile of decedent as determining probate of will 263

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

of widow in partition 39

widow's share under Intestate Act in lieu of 304

Drunkard, habitual, title in, relief under Revised Price Act . . 176

Drunkenness as ground of removal of fiduciary 567

Durante absentia, trustees 617-9

Duties and liabilities of administrators c. t. a 362

of Deputy Register of Wills 261

of trustee durante absentia 619



714 INDEX

E

Education of minor, allowance for 607

from proceeds of sale under Revised Price Act 189

Effect of appeal from Register of Wills 286

of decree of presumption of death 371

setting apart portion of residuary estate to pay annui-
ties or legacies 480

of failure to give bond on caveat or appeal 282

of probate of will after three years 277

of removal of fiduciaries 577

of sale, etc., under Revised Price Act on removal, etc., of

fiduciaries 199-201

of sale or mortgage of real estate to pay debts on removal,

etc., of fiduciaries 444

of vacation of decree of presumption of death 374

Ejectment by vendor, action of, to survive 514

Election by guardians and trustees 498-500

of widow, effect on purchaser in partition 39

to take under or against will 245-9

Emblements, bequests of 223

Employer, distribution of wages 558

Enforcement of order or decree for delivery of trust property 141-2

of rights by superseding fiduciary 578

Entire vacancy, trustee to fill , 585

Equality of shares under Intestate Act 343

Estates acquired under Intestate Act 342-3

distribution of 552-8

for life of another to be included in inventory, etc 398

tail barred by decree under Revised Price Act 186

Evidence, certified copies of wills as 270

copies of bond of Register of Wills as 258

inventory and appraisement as 273

in Orphans' Court 151-8

record of decree on petition of surviving spouse under

Intestate Act, where no known heirs as 341

Examination of assets 540

Examiner of assets 540

office of, in Orphans' Court to take testimony, abolished 152

to take oral depositions outside of state 154

Exceptions to bond taken by Register of Wills 387

Execution against real estate of fiduciary for balance due 561

by executors or administrators of deceased plaintiff 517

for costs before Register of Wills 288

on caveat or appeal from Register of Wills 283

in Common Pleas on transcripts from Orphans' Court . . 148
of deed under contract of decedent for sale or purchase

of real estate 462

of decrees under Revised Price Act 184

of nuncupative wills 218

of wills 215-16



INDEX 715

on judgments against decedents 426

for debts of decedent 422

stay of, against decedent 428-9

Executor as grantee in deed under contract of decedent for

sale of real estate 464

not to be appointed guardian 601

of judgment creditor, revival of judgment against 526

real estate devised to, at a valuation 506

Executors' accounts 539-47

of sales in partition by 44

actions by and against 513

acts of, not impeached by later will 365

application of, for sale or 1 mortgage of real estate to pay

debts 432

to stay execution 428-9

bonds of 382-7

commission where also trustee 538

compensation on partition 46

debts of, to decedent, to be included in inventory, etc 395

effect of removal, etc., on sale in partition 42

foreign 59O-8

awards to 595

jurisdiction of Orphans' Court in appointment, etc 96

liability of, for interest 536-7

non-resident, bond of 384

oath of 380-1

pleading by, effect of 521

of deceased fiduciary, bond of 386

power of, as to real estate 491-4

purchasers of real estate from, obligations of 496

removal, etc., effect of, on sale, etc., under Revised Price

Act 196-201

substitution of 512-22

Executory devises, barred by decree under Revised Price Act 186
Exclusive remedy to enforce contract of decedent for sale or

purchase of real estate 460

Exemption of widows and children 403-14

when estate less than $500 409

to minor children 407-8

widow's, not disturbed by allowance of $5,ooo, etc 296

Expense of advertising accounts 542

of advertising widow's or children's exemption claim.... 406

of corporate bond of fiduciary 399

of procuring guaranty of investments 531

F

Failure of issue, construction of devise or bequest importing 232

to deliver election, effect of 246

to furnish translation of will in foreign language, effect of 272

to give bond on caveat or appeal, effect of 282



716 INDEX

pay as ground for removal of fiduciary 571

Father and mother, rights of under Intestate Act 316

appointment of testamentary guardian by 224

Fee-tail, devise of estate in 231

Fees for copies of bonds, etc 274

for Commonwealth on issue of letters 289

for recording decree on petition to discharge real estate

from lien of legacies, etc. 482

for recording decree on petition of surviving spouse under

Intestate Act where no known heirs 341

for recording election 249

for recording in Orphans' Court 89-90

for recording inventory and appraisement 273

for recording proceedings in partition 61

of appraisers of allowance of $5,ooo, etc. to surviving

spouse under Intestate Act 297

of sheriff for service of writs in Orphans' Court 150

of witness to will for appearing 268

Fiduciaries, abatement of actions by or against 520

Act 353-623

actions against by co-fiduciaries 525

balance due by, transcripts of 561-2

bonds 388-90

compromise by 527

deceased, bond of executors or administrators of 386

discharge of 563-4

foreign 59O-8

investments by 528

liability of, for loss in investments 530

non-resident 588-9

proceedings on removal, etc., effect on sale or mortgage

of real estate to pay debts 441-6

power to convey by attorney 495

deal in coal leases 624-5

receiving distribution in kind, duty of 557

removal of 565-78

requirement of security from 579-82

resident in another county, actions against 524

sale or mortgage to under Revised Price Act 202

statement of investments by 583

superseding, rights of 578

voting of stock by 535

"Fiduciary" defined 354

Fieri facias or sequestration in Orphans' Court 145, 147

writ of in Orphans' Court 129

Filing acounts by executors and administrators 539

of guardians, notice of 61 1

of trustees, notice of 547

and recording wills in foreign languages 271

bond of Register of Wills 257



INDEX 717

certified copy of will probated in other counties 275

copy in other counties of actions to enforce lien of dece-
dent's debts 421

election 249

inventory and appraisement 392

report of appraisers of widow's or children's exemption 406

wills 270

Final accounts of guardians 615

Fines, process in Orphans' Court to recover 146

First purchaser, rule as to blood, of, abrogated 332

Foreclosure of mortgage under Revised Price Act 188

Foreign executor or administrator, awards to 595

fiduciary SQO-8

language, wills in 271-2

Forfeiture of right to appoint testamentary guardian 226

of rights by murderer of testator 244

by murderer of an intestate 347

Forfeitures, process to recover, in Orphans' Court 146

to Commonwealth barred by decree under Revised Price

Act 186

Form and execution of wills 215-6

immaterial deviation from 620

of bond of administrator 382

non-resident executor 384

Register of Wills 256

of election to take under or against wills 246

of guardian's bond 605

of oath of executor or administrator 380

of precept to Common Pleas on issue from Orphans' Court 160

devisavit vel non 278

of writ of sequestration in Orphans' Court 134

G

General bequests, operation of 229

devises, operation of 229

Grandchildren of deceased grandparents, rights of, under

Intestate Act 326-330

rights of under Intestate Act 310-314

Grandparents and their issue, rights of under Intestate Act.. 324-31

maternal, as heirs of illegitimates under Intestate Act . . . 334

Granting letters, advertisement of 391

letters on estate of presumed decedent 370

letters testamentary or of administration 355-64

Ground rents, conveyances on, execution of, under Revised

Price Act 114

sale of, etc., under Revised Price Act 169, 170

Grounds for removal of fiduciaries 565-75

Guaranty of investments, authority to procure 531

Guardians 599-616

accounts of 608-15

ad litem 616



718 INDEX

on audit of guardian's account 612

discharge of 563

election by 498-500

final accounts 615

foreign SQi-8

jurisdiction of Orphans' Court in appointment, etc 93

notice to 6*16

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

for mismanagement, etc 570

testamentary 224-6

leases of real estate by 497

H

Hearing by Orphans' Court or master on petition for letters

on estate of presumed decedent 368

of petition on contract by decedent for sale or purchase

of real estate 459

to discharge real estate from annuities or legacies

payable in the future 475

to discharge real estate from lien of legacies, etc 482

to discharge real estate where charge paid 486

to relieve real estate from lien of debts 457

on exceptions to bond of executor or administrator 387

Heirs, collateral, rights of under Intestate Act 317-21

Husband's rights under Intestate Act barred by desertion or

non-support 306

share under Intestate Act in lieu of curtesy 305

I

Illegitimates, legitimation as to mother 336

legitimation by marriage 337

rights of, under Intestate Act 334-7

Immaterial deviation from forms, effect of 620

Improvements, payment for, with proceeds of sale under Re-
vised Price Act 190

Inadequate power of sale, relief under Revised Price Act 179

Incapacity of executors, etc., effect of, on sale in partition 42

fiduciary, under application for sale or mortgage to pay

debts 441-6

Income, apportionment of 468

from property claimed under widow's or children's exemp-
tion 412

spendthrift trusts, liability of 240

surplus, from estate set apart from residue to pay annui-
ties or legacies 478

Incompetency as ground for removal of fiduciary 568

Indefinite failure of issue, avoided 232

Index of actions to enforce lien of decedent's debts 418

partition 62



INDEX 719

Indexing by prothonotary of actions to enforce lien of dece-
dent's debts 421

elections 249

of guardians or trustees 498

petitions on contracts of decedent for sale or purchase of

real estate 461

Inheritance among adopted children and relatives 338-9

as between mother, etc., of illegitimates 334

brothers and sisters of illegitimates 335

Injunction in Orphans' Court 114

Inquest in partition, award of 8

making of partition by 10-13

Insanity of executors, etc., effect of, on sale in partition .... 42

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

Intent of Intestate Act 352

Interest, liability of executor or administrator for 536-7

on money charged on land 472

on pecuniary legacy 467

on property claimed under widow's or children's exemption 412
set apart under Intestate Act as allowance of $5,000,

etc 301

Interests of persons not in esse, protection of, in partition ... 60

Intervention in actions by persons presumed to be dead 375

Intestacy, descent and distribution in cases of 292-352

Intestate Act 292-352

Inventory and appraisement 392-402

recording, etc 273

by guardian 606

copies' of, duty of Register of Wills to furnish 274

of trustees durante absentia 618

on application for sale or mortgage to pay debts 434

refusal of, as ground for removal of fiduciary 566

Investment of proceeds of sale under Revised Price Act 185

pendente lite on issue on proceeds of sale from Orphans'

Court to Common Pleas 161-2

Investments by fiduciaries 528-31

by trustee for unknown parties, in partition 25

legal 528-30

statement of 583

Irregularity of appointment of fiduciary, effect of, on sale,

etc., under Revised Price Act 201

of appointment of fiduciary, effect of, on sale or mortgage

of real estate to pay debts 446

Issue, failure of, devise or bequest importing 232

from Orphans' Court to Common Pleas on distribution

of proceeds of sale 161-2

of descendants of deceased grandparents, rights of under

Intestate Act 331

of devisavit vel non on certification of proceedings to Com-
mon Pleas ,,,,,,, 279-80



720 INDEX

on precept to Common Pleas 278

rights of under Intestate Act 308-15

taking by representation under Intestate Act 315

to Common Pleas from Orphans' Court 159-62

precept for 160

to determine rights of surviving spouse under Intestate

Act where no known heirs -341

J

Jeopardy of property as grounds for removal of fiduciary .... 573

Joint fiduciaries, discharge of 564

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

Revised Price Act 197

Judges, calling in other, when 75-6

in Orphans' Court, compensation when specially called ... 76

of Common Pleas sitting in Orphans' Court 77-8o

Orphans' Court 69-72

sitting in Common Pleas 81-4

Judgments against decedents' execution on 426

against executor or administrator of judgment creditor,

revival of 526

against executor or administrator of presumed decedent 375

against fiduciary, lien of, on transcript to Common Pleas 561

in action to enforce lien of decedent's debts 418

in Common Pleas on transcript from Orphans' Court, pe-
tition for discharge of 149

not lien at death of decedent 423

revival of, by foreign fiduciary 594

which were lien at death of decedent 424

Jurisdiction and proceedings in partition, land in different

counties 50-6

of Common Pleas over trusts pending not impaired .... 574

under Revised Price Act 168-184

of Orphans' Court 92-106

for collection of legacies, exclusive 470

on petition to discharge real estate from lien of lega-
cies, etc 481

to appoint trustees 587

to authorize sale or mortgage of real estate to pay

debts 430-2

to set aside real estate in different counties claimed as

allowance of $5,000, etc., under Intestate Act 302

under Revised Price Act 168-84

petition to discharge real estate from lien where charge

paid 483

of Register of Wills 262-355

of sales for distribution where land in two counties 33

of trustees' accounts 545

to grant leave to take at appraisement land in different

counties , , , , , , , , , , 501



INDEX 721

under widow's or children's claim of exemption from real

estate in different counties 413

Jurors in partition, compensation of 9

where land in different counties 53

Jury trial of facts in Common Pleas on issues from Orphans'

Court 159

K

Kin, next of, rights of under Intestate Act 322

Kind, distribution in 556-7

L

Land, legacies charged on, proceedings to enforce payment of 471-3

Lapsed and void legacies and devises 233-5

Laying out streets, etc., under Revised Price Act 174

Leases, coal mining, fiduciaries power as to 624-5

execution of, under Revised Price Act 184

mining, etc., under Revised Price Act 172

of real estate by testamentary guardians and trustees 497

private, of real estate, by executor 492

under Revised Price Act, acknowledgment of 195

Legacies, see also Bequests.

abatement of 466

charged on/ land, procedure to enforce payment of 471-3

collection of 470

discharge of real estate from lien of 481-90

in favor of lineal descendant does not lapse when 233

jurisdiction of Orphans' Court to enforce payment 102

lapsed and void 233-5

payable in future, discharge of residuary estate from 474-80

pecuniary, interest on 467

when chargeable on residuary real estate 238

to brothers and sisters, not to lapse when 234

children 236-7

fall into residue when 235

when payable 467

Legal investments 528-30

Legatee for life, security by 469

forfeiture of rights for murder of testator 244

Legitimates only to take under Sec. 1-13 of Intestate Act 333

Legitimation of illegitimates as to mother 36

by marriage 337

Letters, advertisement of granting 391

ancillary, granting of 355

cum testamento annexo, granting of 359

de bonis non, granting 361

cum testamento annexo, granting 360

granted under order of Court, effect on liability of sure-
ties of Register of Wills 260

granting of 355-64

46



722 INDEX

of administration durante minoritate durante absentia and

pendente lite 364

who entitled to 357

on estate of presumed decedent, granting of 370

revocation of by Register of Wills 264

rogatory 153

Liability of administrators c. t. a 362

executors or administrators for interest 536-7

fiduciaries for loss on investments 530

income from spendthrift trusts 240

purchasers under sale to pay debts 455

Register of Wills for granting letters without bond 385

on Register of Wills' bond where letters granted under

order of court 260

Lien of debts of decedent 418-29

not due within one year 419

procedure to relieve real estate from 456-8

of judgment against fiduciary on transcript to Common

Pleas 561

of legacies, etc., discharge of real estate from 481-90

Liens, appointment of auditor to ascertain, in partition 43

discharge of, by sale in partition 36

or mortgage to pay debts 454

under Revised Price Act 208

for purchase money, effect of widow's or children's

exemption 404

on real estate, taken as widow's or children's exemption 411
payment of, with proceeds of sale, etc., under Revised

Price Act 190

Life-interests, charge of, in partition 28, 40

in partition, trustee for 41

Life-tenant, bequests of rents, etc., by 223

rent due to, action by executor or administrator for 516

security by 469

Limitation of actions on refunding bonds 560

claims under Intestate Act 345

time for granting letters 356

Limitations, statute of, effect of, against debts due estate 523

Limited devise, relief under Revised Price Act 178

Limits of representation under Intestate Act 323

Lineal descendants, legacies or devises to, not to lapse when . . 233

Lines, squaring and adjusting under Revised Price Act 171

Loss on investments, liability of fiduciary for 530

Lost or destroyed records in Orphans' Court 156

Lunacy, etc., as ground for removal of fiduciary 567

Lunatics, title in, relief under Revised Price Act 176



Maintenance of minor from proceeds of sale under Revised

Price Act 189



INDEX



723



wife and children from spendthrift trust 240

Majority of cestui que trust, right of, to removal of fiduciary 574

Mariners, wills of 221

Mark or cross as signature to will 216

Marriage as revoking wills pro tanto 243

of parents legitimates illegitimates 337

Married women, right of, to devise or bequeath property held

under sole and separate trust 245

Master, appointment of, for sale or mortgage under Revised

Price Act 191

appointment of on application for sale or mortgage to

pay debts 436

appointment of on petition for discharge of residuary es-
tate from annuities or legacies payable in future 475

hearing by, on petition for letters on estate of presumed

decedent 368

to consider investments 529

to consider organization of corporation to carry on busi-
ness of decedent 533

to determine compromise of actions, etc 527

to take testimony in Orphans' Court 152

Mining lands, consolidation, etc., under Revised Price Act . . . 172

Mining leases by fiduciaries 624-5

Minor children, exemption to 407-8

Minors, allowance for support and education of 607

guardians of 599-616

maintenance and education of, from proceeds of sale

under Revised Price Act .' 189

remainder interest, sale under Revised Price Act 185

"title in, relief under Revised Price Act 176

Mismanagement as ground for removal of guardian 570



Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 69 of 71)