Raymond Moore Remick.

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

. (page 71 of 71)
Online LibraryRaymond Moore RemickThe statutory law of decedents' estates in Pennsylvania, with annotations and forms → online text (page 71 of 71)
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which were liens at death of decedent 424

substituted executor or administrator 518-9

Scope of power of executor to sell real estate 491

Seal of Orphans' Court 85

Securities unconverted distributable in kind 556-7

transfer of, by foreign fiduciary 592

Security by foreign fiduciary on removal of property 596

one entitled to income, etc 469

trustee appointed to fill vacancy 584-7

entry of, effect in sale under Revised Price Act 187

for satisfaction out of estate, party not appearing 143

injunction in Orphans' Court 114

sheriff in taking possession to prevent waste 140

or payment in partiton 23

required on objection to private sale under Revised Price

Act 206

on sale or mortgage to fiduciary under Revised Price

Act 202

under Revised Price Act on removal, etc., of fiduci-
ary 196-201

requirement of, from foreign fiduciary 579-82

to dissolve attachment in Orphans' Court 138

Service of attachment for inquest in partition 5

citation in Orphans' Court 117-120,124

notice of proceeding under Revised Price Act 183

process in partition where land in different counties. . . 52

<5n fiduciary in another county 524



INDEX 737

rule to accept or refuse in partition 15

show cause, sale in partition 30

sci. fa. on executor or administrator 519

on non-resident, of rule to pay owelty in partition 24

outside of state in partition proceedings 7

Separate trustee, when appointed 586

Sequestration, abatement of in Orphans' Court 135

in Orphans' Court ' 128, 132, 134-8, 143-5

fi. fa 145,147

Setting aside private sale in partition 49

Sheriff, fees of, for serving writs of Orphans' Court 150

inquest of, in partition where land in different countries 50

sale against decedent, distribution of proceeds of 427

Short title of Fiduciaries Act 622

Intestate Act 350

Orphans' Court Act 165

Orphans' Court Partition Act 64

Register of Wills Act 290

Revised Price Act 211

Wills Act 251

Sickness as ground for removal of fiduciary 568

Signature to wills 215-6

Sisters and brothers as heirs of illegitimates under Intestate

Act 335

legacies and devises to, not to lapse when 234

rights of under Intestate Act 318-21

Soldiers, wills of 221

Sole and separate use trust, right of married woman to devise

or bequeath property held under 245

Specific execution of contract by decedent to sell real estate,

jurisdiction of Orphans' Court in 101

Spendthrift trusts, liability of income from 240

Spouse and children or descendants, rights of 295

no children but collaterals, rights of 296-303

one child, rights of under Intestate Act 294

right to take against will 245

rights of under Intestate Act where no known heirs 340-1

Squaring of lines, etc., under Revised Price Act 171

Statement of investments by fiduciary 553

Statute of limitations against debts due estate 523

Stay of execution against decedent 428-9

Stock of corporation organized to carry on business of de-
cedent 534

transfer of, by foreign fiduciary 592

voting of, by fiduciary 535

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

Subdivision of premises under Revised Price Act 174

Subpoena of witnesses to wills 268

Subpoenas in Orphans' Court ,,,,,,..,,,. , , , , 151

47



738 INDEX

Substitution in actions of persons supposed to be dead 375

or executors and administrators 512-22

Successors to trustees, appointment of 584-7

Suits against non-resident fiduciaries 524

on bonds of fiduciaries 338

Summary removal of fiduciaries 576

Superior Court, appeals to, from Orphans' Court 164

Support of minor, allowance for 607

Supposed decedents 366-80

Supreme Court, appeals to, from Orphans' Court 164

Surety of fiduciary, discharge of 563-4

proceedings for discharge of 582

right of, to demand statement of investments 583

service of citation on. in Orphans' Court 120

Surplus income from estate set apart from residue to pay

annuity, etc. 478

Survival of actions 512-22

Surviving issue to take to avoid lapse of legacy or devise 233

spouse and children or descendants, rights of 295

no children, but collaterals, rights 296-303

one child, rights of under Intestate Act 294

right of to take against will 245

rights of, where no known heirs, Intestate Act 340-1

T

Tax on proceedings before Register of Wills 287

Tenant for life, bequests of rents, etc., by 223

Terms of Orphans' Court 108

sale for payment of debts 439

Testamentary, granting letters 355-64

guardians 224-6

effect on by provisions of Fiduciaries Act 599-616

trust, vacancy in 584-7

trustees and guardians, lease of real estate by 497

Testatum fi. fa. in Orphans' Court 131

Testimony, commissioners to take, by Register of Wills 269

in Orphans' Court 152-4

perpetuation of 156

proceedings from Register of Wills I 57-8

Timber and coal lands, partition of, jurisdiction of Orphans'

Court 3

Time for appeal from Register of Wills 285

distribution 552

filing inventory and appraisement 392

proving nuncupative wills 220

limitation on granting letters 356

of payment of decedent's debts 416

to take effect, construction of wills as to 227

when Intestate Act takes effect 351

Wills Act takes effect , 252



INDEX 739

Title acquired in sales, etc., under Revised Price Act, effect of

appeals on 210

disposition of, jurisdiction of Orphans' Court in 99

in estate tail, etc., relief under Revised Price Act 177

of acts, short, Fiduciaries Act 622

Intestate Act 35

Orphans' Court Act 165

Orphans' Court Partition Act 64

Register of Wills Act 290

Revised Price Act 211

Wills Act 251

subject of relief under Revised Price Act 175-82

to curtilage of building devised 5 IQ

real estate taken as widow's or children's exemption. . 411

under Intestate Act as allowance of $5,000 300

transferred by decree under Revised Price Act 187

under decree of presumption of death 371

Revised Price Act not affected by removal, etc., of

fiduciary 20O

Transcripts in Common Pleas, filing from Orphans' Court .. 148

of balance due by fiduciary 561-2

Transfer of securities by foreign fiduciary 592

Translations in Orphans' Court 90

of wills in foreign language 271

Triennial accounts of guardians 608

trustees 546

Trust affecting title, relief under Revised Price Act 176

inadequate powers, relief under Revised Price Act 181

management of, power of fiduciary to delegate discretion 495

neglect or abuse of, as ground for removal of trustee .... 572

property, enforcement of delivery of 141-2

wasting prevention of 140

procedure on 140

spendthrift, liability of income from 240

Trustees accounts of ., 539-47

sale in partition by 44

appointment of to fill vacancy 584-7

commission of, when also executor 538

compensation of, on partition 46

durante absentia, jurisdiction of Orphans' Court in ap-
pointment 95

powers and duties 617-19

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

election by 498-500

for distribution of estate of presumed decedent 373

life interest in partition 41

tenant, appointment of 469

sale in partition, appointment of 34

unknown parties in partition 25

foreign 590-8



740 INDEX

awards to 598

in partition to protect persons not in esse 60

inadequate powers, relief under Revised Price Act 181

jurisdiction of Orphans' Court in appointment, etc 94

not to be appointed guardian 601

purchasers of real estate from, obligations of 496

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

of for neglect or abuse of trust, etc 565-78

separate, when appointed 586

testamentary, leases of real estate by 497

to make sale of minor's interest under Revised Price Act. 185

U

Unconverted securities, distribution of in kind 556-7

Undivided interest of decedent in partition, valuation of 14

Unincorporated associations, title in, relief under Revised

Price Act 176

United States service, minors in, appointment of guardians for 604

Unknown parties in partition, trustee for 25

V

Vacancy, appointment of trustee to fill 584-9

Vacating streets, etc., under Revised Price Act 174

Vacation of decrees of presumption of death 370, 374

proceedings in Orphans' Court in 113

Validation of previous decrees where real estate devised at

appraisement or valuation 507

elections by guardians or trustees 500

Valuation of decedent's undivided interest in partition 14

real estate devised to executor at 506

Void or lapsed legacies or devises 233-5

Voting of stock in corporations by fiduciaries 535

W

Wages distribution of, by employer 558

Waste or mismanagement by fiduciary, as ground for removal 566

Wasting of trust property, procedure in 140

Weak-minded persons, title in, relief under Revised Price Act 176

Widow, allotment to, in partition 21

and children's exemption 403-14

exemption not disturbed by allowance of $5,000, etc 296

interest in partition 26-7

payment of, out of purchase money, in partition .... 39

rights under Intestate Act barred by desertion 307

share under Intestate Act in lieu of dower 304

Wife and children, maintenance of, from spendthrift trust . . . 240

Wills Act 213-253

when to take effect 252

Wills certified copies of 270

citation to produce 267



INDEX 741

construction of as to time to take effect 227

copies of, probate of 266

discovery of, effect on letters already granted 365

election to take under or against 245-9

effect of, on administration of estate of presumed decedent 376

in foreign language 271-2

form and execution of 215-6

nuncupative 217-20

effect of, to revoke legacy 242

probate of 264

of mariners and soldiers 221

personal estate by non-residents 250

presumed decedents, probate of 378

probate of, conclusiveness of 276-7

time limit for 277

probated in other counties, filing copy of 275

property passing under 214

recording and filing 270

revocation of 241-3

pro tanto, by marriage, etc 243

to be probated before what Register 263

who may make 214

witnesses to, depositions of 269

subpoena and attachment of 268

Witnesses and evidence in Orphans' Court 151-8

depositions of aged, infirm and going in Orphans' Court. . 153

to nuncupative wills 219

wills 215-6

containing bequests for religious, etc., uses 222

depositions of 269

subpoena and attachment of 268

Writ of fi. fa. in Orphans' Court 129

sequestration 145, 147

possession to prevent wasting trust property 140

testatum fi. fa. in Orphans' Court 131

Writing, reduction of nuncupative will to 220






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