Raymond Moore Remick.

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

. (page 70 of 71)
Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 70 of 71)
Font size
QR-code for this ebook


of fiduciary as ground for removal 566

Money, election of guardian or trustee to take instead of real

estate 499

secured by proceeding under Revised Price Act, applica-
tion of 189

Mortgages, acknowledgment of under Revised Price Act . . . 195
when given under application for mortgage of real

estate to pay debts 440

by decedent 425

devise of real estate subject to 239

execution of under Revised Price Act 184

for payment of debts where fiduciary is mortgagee 447

unpaid purchase money of sale under Revised Price

Act 194

money, application of under Revised Price Act 189

of real estate to pay debts 43<>55

on decree of presumption of death 371

refunding of, given to pay debts 435

to fiduciary under Revised Price Act 202



724 INDEX

secure unpaid purchase money on sale to pay debts 439

transfer of by- foreign fiduciary 592

under Revised Price Act, appointment of master for 191

effect of removal, etc., of fiduciary, 196-201

procedure under 188-9

where real estate in different counties 203-4

Mother and father, rights of, under Intestate Act 316

appointment of testamentary guardian by 225

as heir of illegitimate under Intestate Act 334

Murder as affecting rights under Intestate Act 347

of testator, by beneficiary, effect of 244

N

Natural guardian, payments to 602

Neglect of trust as ground for removal of trustee 572

or refusal of fiduciary to act under application for sale

or mortgage to pay debts, effect of 441-6

effect of under Revised Price Act 196-201

to deliver election, effect of 246

Nephews and nieces, rights of under Intestate Act 319-21

Next of kin entitled to estate when 332

rights of, under Intestate Act 322

Nieces and nephews, rights of under Intestate Act 319-21

Non-residence as ground for removal of fiduciary 569

Non-resident executor, bond of 384

fiduciaries 588-9

actions against 524

minors, appointment of guardian of 603

Non-residents, not affected by Intestate Act 348

notice of accounts to 543

wills of personal estate of 250

Non-support by husband bars right to wife's estate under In-
testate Act 306

Notes, etc., to be included in inventory 394

Notice in Orphans' Court 109

of accounts to non-residents 543

allowance of $5.000, etc., under Intestate Act 298

application for letters on estate of presumed decedent 366-7

sale or mortgage of real estate to pay debts .... 438
of real estate to pay debts where land in

different counties 449

appointment of appraisers of real estate devised at a

valuation 502

claim for widow's or children's exemption 406

decree of presumption of death 369

devise or bequest to corporation 465

examination of commissioners to designate curtilage of

building devised 510

exception to bond of executors or administrators 387

filing accounts of guardians 611



INDEX 725

trustees 547

oral depositions outside of state . . 154

petition for partition 6

of surviving spouse under Intestate Act where no

known heirs 341

on contract by decedent for sale or purchase of real

estate 459

to discharge real estate from lien of legacies, etc 481

enforce payment of legacy charged on land 471

relieve real estate from lien of debts 457

private sale for payment of debts 451

in partition 48

proceedings to perpetuate testimony in Orphans' Court. . 156

under Revised Price Act 183

public sale under Revised Price Act 193

removal of resident fiduciary on appointment of foreign

fiduciary 597

sale, etc., under Revised Price Act where real estate in

different counties 204

service of, outside of state in partition 7

to appraisers 401

claimants of filing account 541

fiduciary to furnish statement of investments 583

guardians 616

Nuncupative wills 217-20

effect of, to revoke legacy 242

probate of 265

O

Oath of appraisers 400

of real estate devised at a valuation 503

of widow's or children's exemption 445

executors and administrators 380-1

officer of corporation fiduciary 381

Register of Wills 255

Objection to private sale in partition 49

of real estate to pay debts 452

under Revised Price Act 206

public sales not affected 206

Obligation of purchasers of real estate from executors or

trustees 496

to see to application of purchase money in sales under

Revised Price Act 209

Officer, oath of, fiduciary corporations 381

Opening judgments against executors or administrators of pre-
sumed decedents 375

Operation of general devise or bequest 229

Oral depositions outside of state 154

Orders and decrees on petition of surviving spouse under In-
testate Act where no known heirs 341



726 INDEX

enforcement of, by superseding fiduciary 578

for delivery of trust property, enforcement of 141-2

of court, letters granted under, liability on bond of Regis-
ter of Wills 260

on executors or administrators to apply for stay of execu-
tion 429

on petition for removal of fiduciary 575

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

Organization of corporation to carry on business of decedent 532-4

Orphans' Court Act 66-166

appeals from 163-4

by fiduciary, effect of 561

to from Register of Wills 284-6

approval by, of organization of corporation to carry on

business of decedent 533

attachment execution in 130

of the person in 127, 132, 137-9

attestation of process in 1 1 1

calling in other judge 75-6

certification of proceedings on issue d. v. n 279-80

citation in 116-23

clerk and assistants 87-91

clerk's fees and bill of costs 91

Common Pleas judges inj 77-8o

control of, over power of sale of real estate by executor 493

courtrooms 86

decree, reopening 144

delivery of trust property, enforcement of 141-2

depositions, etc., in 152-4

oral, outside of state 154

discharge from attachment for contempt 139

dissolution of attachment in 138

distribution of proceeds of sale, issue on 161-2

dockets 89

exclusive jurisdiction of, over contracts of decedent for

sale, etc., of real estate 460

over collection of legacies 470

fees of sheriff in 150

form of writ of sequestration in 134

hearing by, on petition for letters on estate of presumed

decedent 368

injunctions in 1 14

issues to Common Pleas 159-62

judge sitting in Common Pleas 81-4

judges of 69,73,79

judgments of filed in Common Pleas 148

jurisdiction and powers of 92-106

in partition 2-3

of, to appoint trustees 587



INDEX



727



authorize sale or mortgage of real estate to pay

debts 430-2

under Revised Price Act 168-84

lost or destroyed records in 156

master to take testimony in 152

notices in 109

organization of 67-73

Partition Act 1-65

perpetuation of testimony in 156

petition to, for attachment to enforce production of will 267

to compel Register of Wills to furnish copies of

bonds, etc 274

power to appoint guardian 599

compel production of books and papers 155

proceedings in 74

to compel appearance H5-25

obedience to orders and decrees 126-149

prevent wasting of trust property 140

process in other counties 133

to recover fines, etc 146

production of papers and books in 155

publication and advertising in HO

records 86

custody of 88

return days of process 112

right of appeal f rom 74

rules of 107

satisfaction out of estate when party does not appear in 143

seal 85

separate where 68

sequestration, abatement of 135

fi. fa. in 145, 147

filing of, in Common Pleas 136

proceedings in 128, 132, 134-8, 143-5

subpoenas in 151

terms of 108

testimony in 152-4

in proceedings removed from Register of Wills 157-8

translations in 90

vacation, proceedings in 113

wasting trust property, prevention of 140

witnesses and evidence 151-8

writ of fi. fa. in 129

test. fi. fa. in 131

Owelty in partition , 23-5

rule to pay non-resident 24

Ownership in severalty, etc., relief under Revised Price Act 181



728 INDEX



Papers and books, production of, in Orphans' Court 155

Parents, marriage of as legitimation of illegitimates 337

not to be appointed guardians 602

rights of, under Intestate Act 316

Parol contracts by decedent for purchase or sale of real estate 463.

Partial vacancy, trustee to fill 584

Parties in petition for citation for partition 6

Partition, account of sales in, by executors, etc. 44

Act, Orphans' Court 1-65

allotment of shares, method of 17-20

to widow in 21

appeals in 63

application of purchase money in 38

appointment of auditor to ascertain liens 43

commissioners in 8

trustee to make sale in 34

auditor to ascertain amount due 57

award of inquest in 8

bids above valuation 16

bond in 35

charge of life interests in 28-40

coal and timber lands, jurisdiction of Orphans' Court in 3

combination of rules in 31

compensation of commissioners or jurors in 9

costs and counsel fee in 45-6

discharge of liens by sale in 36

docket 61

effect of decree 22

fees 61

index 62

jurisdiction and procedure when land in different counties 50-6

of Orphans' Court 2-3, 100

life interest, trustee for 41

making of, by commissioners or inquest 10-13

notice to parties 6

owelty in 23-5

parties to petition 6

payment or security theref or 23

petition for 4

citation in 5

private sales in 47-9

protection of interests of persons not in esse 60

recognizance by purchaser for purchase money 37

in general 57-9

rental value, deduction of 29

rule to accept or refuse purpart in 15

sales in 30

effect of removal, etc., of executor, etc, 42



INDEX



729



service of notice outside of state in 7

trustee for unknown parties 25

valuation of decedent's undivided interest in 14

widow's interest in 26-7

to remain with purchaser 39

Payment into court on petition to discharge real estate from

lien of legacy, etc 482

not required before election by surviving spouse 247

of debts of decedent, order of 415

sale or mortgage of real estate for 43<>55

legacy charged on land, proceedings to enforce 471-3

liens and improvements with proceeds of sale under Re-
vised Price Act 190

mortgage under Revised Price Act 188

or security in partition 23

Pecuniary legacies chargeable on residuary real estate 238

interest on 467

Penalties for neglect of witnesses to wills to appear 268

Periodical payments, accrued, bequests of 223

Perpetuation of testimony in Orphans' Court 156

Person of child, custody of by testamentary guardian 224

Personal estate, bequest of, under nuncupative will 217-20

disposition of, by non-resident 250

Personalty revocation of bequest of 242

Petition by surety for order on fiduciary to account 583

for ancillary letters on estate of presumed decedent 367

appointment of guardian 599-604

trustee durante absentia 613

discharge of real estate from legacy or annuity 474

distribution 552

leave to take real estate at appraisement 501

letters 358

on estate of presumed decedent 366

partition in Orphans' Court 4

probate of will or later will of presumed decedent . . 376

reduction of bond of fiduciary 389

removal of fiduciary 575

sale by co-fiduciary under Revised Price Act on re-
moval, etc., of other fiduciary 197

for distribution 32-3

or mortgage to pay debts on removal or neglect

of fiduciary to act 441-3

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

fiduciary 198

summary removal of fiduciary 576

widow's and children's exemption 403-14

ouD of real estate in different counties 413

of guardians for discharge 563

of surviving spouse under Intestate Act where no known

heirs 341



730 INDEX

on contract by decedent for sale or purchase of real estate 459

to designate curtilage of' building devised 508

discharge real estate from lien of legacies, etc. .... 481-7

where charge paid 413-4

enforce payment of legacy charged on land 471

to have guardian's accounts audited .609-10

Orphans' Court for attachment to enforce production

of will 267

in proceedings to set aside real estate in different
counties claimed as allowance under Intestate

Act 302

to compel Register of Wills to furnish copies of

bonds, etc. 274

to relieve real estate from lien of debts 456

to reopen decree in Orphans' Court 144

to vacate order of removal of fiduciary 576

under Revised Price Act 183

where real estate devised to executor at a valuation .... 506

Place of service of citations in Orphans' Court 1 19

Pleadings as to assets 512-22

by executor or administrator, effect of 521

Pluries citations in Orphans' Court 122

Posthumous children, rights between, under Intestate Act 344

Powers and duties of administrators, eta. 362

of administrators d b. n. 363

appointment, effect of general devise or bequest on 229

executors as to real estate 491-4

foreign fiduciaries 592

non-resident fiduciaries 588

sale, inadequate, relief under Revised Price Act .... 179

to authorize private sales under Revised Price Act 205

Precept for issue to Common Pleas, form of 160

to Common Pleas on issue d. v. n 278

Preferred debts of decedent 415

President Judge of Orphans' Court 71-3, 79

to attest process in

Presumed decedents 366-80

Presumption of death, decree of 369-71

Price Act, Revised 167-212

Private sales of real estate by executor 492

to pay debts 450-2

in partition 47-9

under Revised Price Act 205-6

not to discharge liens, etc, 208

Pro tanto revocation of wills by marriage, etc, 243

Probate of copies of wills 266

nuncupative wills 265

wills, before what Register 263

conclusiveness of 276

effect of 276-7



INDEX 731

of presumed decedent 378

time limit for 277

Procedure for widow's or children's exemption out of real

estate in different counties 413

in sale of coal leases 623-4

to compel filing inventory and appraisement 393

enforce lien of decedent's debts 418-21

payment of legacy charged on land 471-3

organize corporation to carry on business of decedent 533
under Intestate Act where surviving spouse but no known

heirs 341

where real estate devised at a valuation 501-7

will or later will of presumed decedent is produced 376

Proceedings by surety for discharge 582

for sale or mortgage of real estate to pay debts where

fiduciary is purchaser or mortgagee 447

in Orphans' Court in default of appearance 125

to compel obedience to orders, etc 126-49

to relieve real estate from lien of debts 456-8

under Revised Price Act 183

where allowance of $5,000, etc., under Intestate Act is

claimed out of real estate 299-300

Proceeds of sale, issue on, from Orphans' Court to Common

Pleas 161-2

Process, attestation of, in Orphans' Court in

of Orphans' Court in other counties 133

return days of, in Orphans' Court 112

to recover fines, forfeitures and amercements 146

Production of books and papers in Orphans' Court 155

Proof of service of citation in Orphans' Court 124

Property included in inventory and appraisement 394-9

passing under Intestate Act 293

wills 214

removal of, by foreign fiduciary 596-7

selection of, for exemption of minor children 408

subject to widow's or children's exemption 403

Public sales, objections to, not affected 206

under Revised Price Act, effect of 208

Publication in Orphans' Court no

of citation in Orphans' Court 123

Purchase money, application of, in partition 38

under Revised Price Act 189

sale by executor 496

recognizance for, in partition 37

unpaid, mortgage for, in sale under Revised Price Act ... 194

of real estate, contract of decedent for 459-64

or mortgage by fiduciary 202

Purchaser, liability for widow's interest in partition 39

of, under sale for payment of debts 455

of real estate from executors, etc., obligation! of 496



732



INDEX



Rate of interest to be paid by fiduciary 537

Real estate, after acquired, to pass by general devise in will 228

allowance of $5,ooo, etc., out of, under Intestate Act 299-300

claim of exemption out of, by widow or children 410-11,413-4

contracts of decedent for sale or purchase of 459-64

devise of 230

subject to mortgage 239

devised at a valuation, procedure 5OI-7

to executor .' 56

discharge of, from lien of legacies, etc. 481-90

effect of decree of presumption of death on 371

election by guardian or trustee to take in lieu of proceeds 498
in different counties, application for sale or mortgage of,

to pay debts 448-9

procedure under widow's or children's claim of ex-
emption 413

under Revised Price Act 203-4

where claimed as allowance of $5,ooo, etc., under

Intestate Act 302

investment in by fiduciaries 529

lease of by testamentary trustee or guardian 497

obligation of purchaser of, from executors, etc. 496

of decedent, sale or mortgage of, to pay debts 430-55

powers of executors as to 491-4

purchase or mortgage of, by fiduciary 202

surviving, acting or remaining executors or adminis-
trators c. t a. as to 494

procedure to relieve from lien of debts 456-8

residuary, charge of pecuniary legacy on 238

retention of quality as, of proceeds of sale, etc., under

Revised Price Act 189

revocation of devise of 241

sale of by foreign fiduciary 593

statement of, on application for sale or mortgage to pay

debts 434

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

for purchase money in partition 37

in partition 57-9

Recording and registering decree of widow's or children's ex-
emption 414

report of commissioners to designate curtilage of

building devised 510

bond of register of wills 257

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

Intestate Act 303

decree of presumption of death 371

on petition of surviving spouse under Intestate Act

where no known heirs 341

to discharge real estate from lien of legacies, etc., 482

to take real estate at appraisement 505



INDEX 733

deeds and mortgages under Revised Price Act where land

in different counties 204

elections 249

of guardians or trustees 498

inventory and appraisement 273

wills 270

in foreign language 271

Records of Orphans' Court 86, 88-90

lost or destroyed 156

Recovery of widow's interest from purchaser in partition... 39

Reduction of bonds of fiduciary 389

fund set apart out of residue to pay annuities, etc 479

Refunding bonds 55Q-60

on distribution of estate of presumed decedent 373

requirement of 553

of mortgage given to pay debts 435

Refusal of fiduciary to act under application to sell or mort-
gage real estate to pay debts 441-6

or neglect to deliver election, effect of 246

to probate will, conclusiveness of 276-7

satisfy recognizance in partition, remedy for 49

Register of Wills Act 254-91

appeals from 105, 276, 284-6

as clerk of the Orphans' Court 87-91

before what, wills should be probated 263

bill of costs 287

bond 256-60

citation by, to parties interested in estate of presumed de-
cedent 377

collection of costs by 288

deputy, appointment and duties 261

duty of, as to accounts 542

to furnish copies of bond, etc 274

fee for Commonwealth on issue of letters by 289

jurisdiction 262-355

liability of, for granting letters without bond 385

oath of office 255

power to issue commission to take depositions subpoena

witnesses 268

precept to Common Pleas on issue d. v. n 278

revocation of letters by 264

testimony in proceedings removed from 157-8

Registry of decree to take real estate at appraisement 505

Rehearing of accounts of guardians 614

Relief granted under Revised Price Act 168-84

Religious and charitable uses, bequests for 222

association, title in, relief under Revised Price Act 176

preferment of guardians 600

Remainder interests, sale of under Revised Price Act 185

vested in husband, widow's share in, under Intestate Act.. 304



734



INDEX



wife, husband's share in, under Intestate Act 305

Remainders barred by decree under Revised Price Act 186

Remedy for refusing to satisfy recognizance in partition 59

Removal from state as ground for removal of fiduciary 569

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

fiduciaries 565-78

effect of, on sale under Revised Price Act 201

for failure to give security 580

mismanagement, on petition of surety 583

property by foreign fiduciary 596-7

resident fiduciary on appointment of foreign fiduciary 597
or incapacity of fiduciary, effect on application for sale or

mortgage of real estate to pay debts 441-446

Rent-charge, suit for, by executor or administrator 515

Rental value, deduction of, in partition 29

Rents and royalties, mining, under Revised Price Act 172

as assets for payment of decedent's debts 417

bequests of 223

of property set apart under Intestate Act as allowance of

$5,000 301

claimed under widow's or children's exemption 412

to be included in inventory and appraisement 396-7

Re-opening decrees in Orphans' Court 144

Repealing clause in Fiduciaries Act 623

Intestate Act 352

Orphans' Court Act 166

Orphans' Court Partition Act 65

Register of Wills Act 291

Revised Price Act 212

Wills Act 253

Report of commissioners to designate curtilage of building de-
vised 510

Representation, issue of descendants of deceased grandparents

take by under Intestate Act 331

under Intestate Act, limits of 323

issue taking by under Intestate Act 315

Requisites of election to take under or against will 246

Residence of decedent as determining probate of will 263

Resident co-trustee of non-resident fiduciary 589

fiduciary, removal of, on appointment of foreign fiduciary 597

Residuary estate, discharge of, from annuity or legacy 474-80

real estate, charge of pecuniary legacy on 238

Residue, lapsed and void legacies, and devises fall into when.. 235
Retroactive force of provisions with reference to Hen of de-
cedent's debts 420

Return and confirmation of appraisement of real estate de-
vised at a valuation 504

sale or mortgage to pay debts 453

under Revised Price Act 207

days in Orphans' Court 1 12



INDEX 735

of appraisers 401

service of citation in Orphans' Court 121

Review of accounts, etc 551

Revised Price Act 167-212

Revival of judgments against executor or administrator of

judgment creditor 526

by foreign fiduciary 594

which were liens at death of decedent 424

not liens at death of decedent 423

Revocation of letters 264

because of failure to give additional bond 387

effect on sale or mortgage of real estate to pay debts .... 445

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

of administration on estate of presumed decedent 378

on estate of presumed decedent 374

of wills 241-3

Right of married woman to bequeath or devise property held

under sole and separate use trust 245

of surviving spouse to elect to take against will 245

of way, etc., under Revised Price Act 173

to letters of administration 357

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

Rule as to blood of first purchaser abrogated 332

to accept or refuse or show cause, in partition, combined. 31

purport in partition 15

pay owelty in partition 24

show cause why sale in partition should not be made 30

suit should not abate 522

Rules of Orphans' Court 107

as to auditor 548

S

Sales and mortgages of real estate to pay decedent's debts . . 430-55

under Revised Price Act, appointment of master for 191

by sheriff against decedent, distributon of proceeds 427

execution of, under Revised Price Act 184

for distribution 32-3

in partition, account of 44

appointment of trustee for 34

discharge of liens by 36

effect of removal, etc., of executor, etc 42

rule to show cause 30

of real estate by executor 491-4

foreign fiduciary 593

contract of decedent for 459-64

effect of appeal on 163

for payment of debts, jurisdiction of Orphans' Court in 98

to pay widow's or children's exemption 410

securities distributed to fiduciary in kind 557



736 INDEX

proceeds of, issue from Orphans' Court to Common Pleas

on 161-2

to fiduciary, under Revised Price Act 202

under petition to enforce payment of legacy charged on

land 471

Revised Price Act, advertisement of notice of 193

confirmation of 207

effect of removal, etc., of fiduciary 196-201

on obligation to see to application of purchase

money 209

on liens 208

mortgage for unpaid purchase money 194

power of co-fiduciary on removal of the other. . . 197

where real estate in different counties 203-4

Satisfaction of judgment in Common Pleas on transcript from

Orphans' Court 149, 562

recognizance in partition 58-9

out of estate when party does not appear 143

Scire facias on judgment sur decedent's debts 422

sur judgments against decedent 426

to revive judgments against executor, etc., of judgment

creditor 526

not liens at death of decedent 423



Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 70 of 71)