(IJnrnpU Ham ^rl^nnl Hibtaty CORNELL UNIVERSITY LIBRARY 3 1924 076 996 358 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924076996358 Treatise on Practice IN THE ORPHANS' Court BY F. CARROLL BREWSTER, LL.D. IN TWO VOLUMES Vol. II. PHILADELPHIA GEORGE T. BISEL Law Publisher and Bookseller ansom i 1894 Entered according to Act of Congress, in the year 1893, by F. CARROLL BREWSTER in the office of the Librarian of Congress, at Washington GEORGE H. BUCHANAN AND GOMPANV, PHILADELPHrA CHAPTER XIII. SALES OF REAL ESTATE OF DECEDENTS. Sales may be effected in various ways, of the realty whereof persons die seised. I. Where a contrsfct of sale has been made in the lifetime of the owner. * II. Where a power of sale exists in the will. III. Where there is a ground rent, a mortgage or judgment. IV. Where the personalty is insufficient for the payment of debts. V. Where interests of minors or cestuis que trustent will be promoted. VI. Under the Price Act. VII. Under proceedings in partition. These will be considered in their order : I, Where a Contract of Sale Has Been Made in the Lifetime of the Owner. A number of statutes have been passed upon this subject : {a) The Acts of March 31, 1792 ; March 12, 1804; March 10, 1818 ; February 5, 1821 ; February 24, 1834 ; February 8, 1848 ; April 9, 1849 ; April 3, 1851. 594 SALES OF REAL ESTATE OF DECEDENTS. {b) Lastly, the Price Act, April i8, 1853 (P. L., 503), contains a provisions as to parol contracts. When it is to be remembered that in most cases a bill for a specific performance may be brought, it would seem that an abundance of remedy exists. § 4668 Holder of Decedent's Contract for Sale of Realty Shall, Before Suit Brought, Prove the Same — Probate to be Recorded — Executors or Ad- ministrators May Petition — When and How Court May Decree — Effect of Deed. Any person or persons having any contract in writing or other written evidence of contract, whereby any deceased person or per- sons, hath or have covenanted, agreed, promised or bound him, her or themselves to convey any lands or tenements within this Common- wealth, to him, her or them, or to any person or persons whom he, she or they may represent, which contract had not been complied with in the lifetimes of the deceased, and no sufficient provision for the performance of such contract or contracts appears to have been made by the decedent in his lifetime ; such person or persons hav- ing such contract, or evidence of contract, whether in his, her or their own right, or as attorney, agent, trustee or guardian for another or other, shall, before he, she or they bring any axj^ren or suit thereon, against the executors or administrators of the deceased, cause and procure the said contract to be proved in the Supreme Court of this Commonwealth, or in the Court of Common Pleas of the county wherein the lands or tenements contracted for shall lie ; which probate being adjudged by the said court to be sufficient, the Prothonotary of such court shall indorse on or annex the same to the said contract, or to a copy of the evidence thereof, and certify the same under his hand and the seal of the said court, and there- upon the same shall be recorded (in the rolls office of this Com- monwealth or) in the office for recording of deeds of the county wherein the lands and tenements contracted for shall lie ; and there- upon it shall and may be lawful for the executors or administrators of the deceased, or the survivor or survivors of them, to present a SALES OF REAL ESTATE OF DECEDENTS. 595 petition to the said courts, respectively, praying leave to make and execute a deed, conveying to the purchaser or purchasers, his, her or their heirs, or assigns, 'the said lands and tenements contracted for, with the appurtenances, for such estate or estates, and in such manner and form as the said court shall judge to be consistent with the true intent and meaning of the contract ; and the said court having considered the prayer of the said petition, and the contract or evidence of contract, whereupon it is founded, and having adjudged the same to be obligatory between the parties, shall make an order authorizing and empowering the said petitioner or peti- tioners to make and execute such conveyance as aforesaid ; and the same being made and executed, and proved or acknowledged according to law, shall be of the same force and effect to pass and vest the estate intended, of and in the lands and tenements afore- said, with the appurtenances, as if the same had been executed by the decedent or decedents, in his, her or their lifetime. (Act March 31, 1792, §1, 3 Sm., 66.) § 4669 Executors or Administrators May Prove Dece- dent's Counterpart of Contract for Payment of Consideration for Lands and They May Petition the Court — No Deed Made Shall Discharge Lien|of Purchase Money Until it be Paid or Secured. It shall and may be lawful to and for the executors or admin- istrators of any such decedent, having a counterpart of such con- tract, or any other contract, or evidence of contract, for the payment of the consideration meneys, for any lands or tenements agreed to be sold, but not conveyed by the decedent or decedents in his, her or their lifetime, to cause the same to be proved, and to present a petition in manner aforesaid, whereupon the same proceedings shall be had, and with the same force and effect as is hereinabove directed, where the purchaser or his representative shall procure such contract to be proved : Providtd always. That no deed to be executed in pursuance of this act shall discharge the lands and tenements to be thereby conveyed from the lien of the consideration money therefor until it shall be actually paid or secured according to the terms of the contract. {Ibid, §2, 3 Sm., 66.) 596 SALES OF REAL ESTATE OF DECEDENTS. The plaintiff is not entitled to damages or costs foi' non-performance of the contract if the executor or administrator be not allowed six weeks after the next court to apply for leave to execute the deed, and if executor, etc., be always ready and produce before the trial a proper deed, etc. {Ibid, §3.) § 4670 Executor of an Executor, and Administrator De Bonis Non May Convey Lands Under Act of 1792. In all cases that have or may hereafter happen, the executor of an executor, the administrator de bonis non, or in other words, the administrator of the goods unadministered, and so on in succession, shall have equal powers with executors and administrators, in the first instance, by leave of court, to convey lands and tenements con- tracted for with their first decedents, agreeably to the provisions of the act, entitled, "An act to enable executors and administrators, " by leave of court, to convey lands and tenements contracted for "with their decedents, and for other purposes therein mentioned," passed the 31st day of March, Anno Domini 1792. (Act March 12, 1804, §1, 4 Sm., 158.) A commission may issue to examine witnesses, etc. (Act February 5, 182 1, §2, 7 Sm., 357.) Parol contract Tnay be proved before the Common Pleas, but it must have been so far in part executed as to render it unjust to rescind it, and it must appear that no sufifident provision has been made by the decedent in his lifetime. The petition must set forth the terms of the contract, its date, a description of the lands, how far it was in part executed, etc.; the prayer is for the examination of the witnesses and the estab- lishment of the contract. Notice must be given to executors and to all par- ties in interest. The examination must be in writing and filed. SALES OF REAL ESTATE OF DECEDENTS. 597 If the court be satisfied, they adjudge the proof to be sufficient, annex or indorse this on the petition, and the Prothonotary certifies it. The adjudication is recorded in the office of the Recorder of Deeds. Executors or administrators petition for leave to convey. The court having considered the petition, contract and evidence, and having adjudged it to be obligatory, make the order for execution of the con- veyance. See this at length. (Act March lo, 1818, §1, 7 Sm., 79.) § 4671 In Parol Contracts, Executors and Administra- tors Shall Have the Remedy Provided by Act of March 31, 1792, §2. The remedy provided for executors or administrators of dece- dents by the second section of the act to which this is a further sup- plement, for enforcing the payment of the consideration-money upon contracts mentioned in that act, shall be and it is hereby extended to the case of parol contracts mentioned in the preceding section. (Act March 10, 1818, §2, 7 Sm., 79.) Administrators, etc.. Are Within the Act. The third section of the law requires that all actions upon parol contracts, shall be subject to the provisions of the third section of the act to which this is supplementary, and that executors, administra- tors c. t. a. and de bonis non shall be within its pro- visions. The Comm-on Pleas m,ay order a co-executor or co-administrator to convey to his colleague when a decree is entered upon a parol contract, under the act of March 10, 1818, above cited, and if there be no co-executor, the deed shall be delivered by the Sheriff. Act of April 3, 185 1, §6 (P. L.., 307). 598 SALES OF REAL ESTATE OF DECEDENTS. This is following, as to the Court of Common Pleas, the power conferred upon the Orphans' Court by the Act of April 9, 1849 (P. L. 51 1). § 4672 Power Conferred on Orphans' Court to Decree Specific Performance. The Act of February 24, 1834, supplies a very plain remedy. The fifteenth section provides in sub- stance that : " Whenever any person shall by * * * contract in writing " bind himself to * * * convey real estate * * * and shall " die possessed * * * without having made sufficient provision " for the performance of such * * * contract, * * * the " executors or administrators, * * * or the purchaser or other " person interested, * * * may apply by * * * petition " to the Orphans' Court having jurisdiction of the accounts of the " executors or administrators setting forth the facts, * * * and "after due notice * * * to purchaser, executors, adminis- " trators, heirs, devisees * * * as case may require to * * * "answer, * * * such court shall have power, if the facts * * * ' ' be sufficient in equity and no sufficient cause be shown to the con- " trary, to decree specific performance of such contract." (Br. "Purd., 330, §10, P. L., 1834, p. 75.) Parol Contracts. The sixteenth section extends the foregoing pro- visions to all cases where " parol contract shall have "been entered into" and it " shall have been so far " executed that it would be against equity to rescind " the same." (Br. Purd., 330, §11; P. L., 1834, p. 75.) Decree of Orphans Court May be Recorded. The seventeenth section provides that the decree of the Orphans' Court for specific performance, certi- fied by the Clerk under the seal, may be recorded in the Recorder's Office of the county where the real estate is situated with the same effect as deeds are recorded. (Br. Purd., 331, §12 ; P. L., 1834, p. 75.) SALES OF REAL ESTATE OF DECEDENTS. 599 Duty of Executor to Convey. The eighteenth section makes it the duty of the executor or administrator to execute the conveyance as directed by the court. (Br. Purd., 331, §13.) When Exeador is Purchaser, Co-Executor or Sheriff Conveys. The Act of April 9, 1849, §2, makes it the duty of the co-executor or co-administrator to convey where his colleague is the grantee, and if there be no co-exec- utor, etc., the Sheriff delivers the deed. (P. L., 511; Br. Purd., 331, §14.) Where One of Two Vendors Dies. The Act of February 8, 1848, §1 (P. L., 27 ; Br. Purd., 331, §15), extends the provisions of the forego- ing acts to cases where there are two vendors and one vendor dies, so far as to authorize the executors or administrators to deliver a deed, first giving bond to be approved by a Judge for the faithful application of all moneys received. § 4673 Jurisdiction of Common Pleas in Cases of Con- tracts for Sale of Lands. Under the foregoing citations the Common Pleas has jurisdiction over the contract of a decedent for the sale of his realty : I . By the Act of 17^2, to receive proof of the con- tract, to adjudge it sufficient after it is recorded, to consider the petition of the executors or administra- tors, or of the executor of the executor, or of the administrator de bonis nan, and to order them to exe- cute the conveyance. The proceedings must be in the county where the land lies. There must be written evidence of the 600 SALES OF REAL ESTATE OF DECEDENTS. contract, it must not have been complied with, and it must appear that no sufficient provision has been made for compliance in the lifetime of the decedent. No conveyance can discharge the lien of the pur- chase money until actually paid or secured. 2. By the Act of 1818, the Common Pleas may receive proof of parol contracts, when so far in part executed as to render it unjust to rescind them ; may, after notice, etc., adjudge the proof sufficient and after record of this may act upon the petition of executors or administrators, administrators c. t. a. or d. b. n., for leave to convey. §4674 The Jurisdiction of the Orphans' Court. 1 . Under the Act of 18 j^, on a written contract — may be likened to a bill for specific performance. On parol contracts it is like the jurisdiction of the Com- mon Pleas already sketched. 2. Under the Price Act. This is considered in the chapter entitled Price Act. §4675 Practice as to Contracts for Sale of Land — Requisites of the Petition. Counsel should be particular to set forth the whole contract ; to attach a copy, if in writing, to aver the terms with precision, what was paid, or done under it. If in parol it must be clearly charged that it has been so far executed as to ren- der it unjust to rescind it, and the particulars to support this averment must be given. The date of the death, copy of the will, if any, who have received letters, names of widows (of devisees, if will), of chil- dren or heirs must all be stated. The petition rnust show that the land is in the county where the petition is filed and strictly follow the words of the act. SALES OF REAL ESTATE OF DECEDENTS. 6oi Notice must be given to every party in interest of the filing, the day fixed for hearing, etc. The decree should recite the petition, the notice, the proof of its service on parties not attending, the hearing, the proofs, that the court adjudges, etc., quoting the language of the act. § 4676 Form of Petition to Enforce Performance of a ^V^itten Contract Made with a Decedent in His Lifetime. In the Orphans' Court for the County of Philadelphia. In the matter of the estate of A. B., deceased. October Term, 1892. No. 100. To the Honorable, the Judges of the said Court : The petition of C. D. respectfully represents : 1. That A. B., late of the County of Philadelphia, died on or about the second day of October, 189 r, intestate, and that letters of administration upon his estate were granted by the Register of Wills of Philadelphia County, October 10, 1891, to E. F., G. H. and J. K. 2. That the said A. B. died seised of the following described real estate, situate in the county aforesaid : (Here insert descrip- tion of real estate as to which specific performance is prayed. ) 3. That the said A. B. in his lifetime, to wit, on or about the day of , 1891, agreed with your petitioner in writing, to convey unto him the said above-described real estate in consideration of the payment by your petitioner of the sum of dollars, and to make and execute to your petitioner a good and sufficient deed in fee simple for the same. A copy of said agreement is hereto annexed as part hereof, marked " Exhibit A." 4. That your petitioner at the time of the execution of said . agreement paid to the said A. B. the sum of dollars on account of the purchase money of said property. Subsequent to the date of said agreement your petitioner was given possession of said premises, but a deed therefor has never been executed and delivered to him. (State any other matters which will help the petitioner. ) 602 SALES OF REAL ESTATE OF DECEDENTS. 5 . That no provision for the performance of said contract was made by the decedent during his lifetime. Wherefore your petitioner, further showing that since the death of the said A. B. he has tendered to his administrators the balance of the purchase money for said premises, with interest, and that the petitioner has done all things on his part agreed to be performed, prays your Honorable Court to award a citation directed to the said E. F., G. H. and J. K., administrators as aforesaid, and to L. M., N. O. and P. R., the heirs-at-law of the said A. B., deceased, com- manding them to appear and to show cause why a decree for a specific performance of said agreement should not be entered and a deed thereunder executed and delivered to the petitioner, in fee simple. And your petitioner will ever pray, etc. (Affidavit.) (Attach copy of agreement. ) The above form can readily be changed to meet the case of a contract by parol. § 4677 Petition Should Aver Petitioner's Performance. A petition which prays for a decree of specific performance of an agreement for the purchase and sale of real estate, should aver that the petitioner has performed the agreement on his part or that he is willing and prepared to perform it. An omission to make such averment is, however, a defect in form, which may be amended. Chess' Appeal, 4 Pa. St., 52 (1846). § 4678 Possession by Vendee— Performance by Him— Improvements, etc.. Authorize Decree on a Parol Contract. In Simmons Estate, 140 Pa. St., 567 (1891), proof was made of a parol contract for the sale of real estate by the decedent in his lifetime ; that in pursuance thereof the vendee took possession, paid part of the purchase money and made improvements. Upon the SALES OF REAL ESTATE OF DECEDENTS. 603 petition of the decedent's executor a decree for specific performance was entered on payment of the balance of the purchase money due. § 4679 When Orphans' Court Remedy Exclusive. In case of a parol contract for the sale of land, followed by the vendor's death, the exclusive remedy of the vendee is in the Orphans' Court. An eject- ment in the Common Pleas cannot be sustained. Myers vs. Black, 17 Pa. St., 193 (1851). § 4680 Unnecessary Delay Bars the Claim — Ejectment Will Not Lie. Porter vs. Dougherty, 25 Pa. St., 405 (1855), LowRiE, J.: " The plaintiff claims this land under a grant " from his mother, and he fails because she had " no equity. One who desires to enforce specific per- " formance of a parol contract for the purchase of land " must present his claim without any unnecessary "delay and while affairs remain in such condition that " performance can be enforced without injury to others, "and especially he must not himself have done any "act that is incompatible with his claim for perform- ' ' ance, or that makes such a claim inequitable. " Here eleven years elapsed between the breach "of the alleged contract by the plaintiff's grandfather, " when he claimed and got back the land from the " plaintiff's mother, and the bringing of this suit. In "the meantime the grandfather made considerable " improvements on the land and then died, having "made his will devising away to his children this and "his other land. The devisee of this portion is in "posession of it as part of her share of her father's " estate, and must lose it if this claim succeeds ; and 604 SALES OF REAL ESTATE OF DECEDENTS. "the plaintifif's mother was bequeathed one hundred " dollars, and it was paid to her. " These circumstances very obviously set aside "the equity on which the plaintiff relies, if it ever "existed, which is very doubtful. Besides this, eject- " ment is not the proper form of remedy for enforcing " specific performance of such a contract against the " estate of a decedent." §4681 When the Proceeding Must be in Common S i Pleas. ' Whiie vs. Patterson, 139 Pa. St., 429 (1891), McCoLLUM, J. : "The jurisdiction of the Orphans' Court to " decree specific performance of a contract for the sale " of real estate in this Commonwealth, is confined to " cases in which the vendor died seised or possessed of "such real estate, without having made any sufficient "provision for the performance of his contract. It "does not extend to lands which he has conveyed to " another, and in which, at the time of his death, he " has neither a legal nor an equitable estate. In such "case, the living holder of the legal title is the trustee "of it for the equitable owner, and to him the latter " must look for a conveyance, in consummation of the "contract. If the trustee decline to execute a deed " when requested, the Orphans' Court cannot inter- " vene to compel him to do so. The fact that his "grantor is dead does not subject him to its process. "The only remedy of the equitable owner in posses- "sion is a bill for a conveyance of the title which is " unlawfully withheld from him' and the proceeding is " in the Court of Common Pleas." SALES OF REAL ESTATE OF DECEDENTS. 605 §4682 Who to be Made Parties. Simmons Estate, 140 Pa. St., 567 (1891), Per- shing, P. J. (Schuylkill County) : "In Anshutzs Appeal, 34 Pa. St., 375, it was held " that when both the vendor and vendee of real estate " are deceased, intestate, upon a proceeding in the " Orphans' Court by the administrators of the vendor. " to enforce the specific performance of a contract, the •'administrator and heirs of the vendee, and all per- "sons deriving title under them, or interested in the "contract, must be made parties. Mr. Justice Read " also said : ' and for security the heirs of the vendor " ' must also be notified.' But this was corrected in "Assn vs. Reed, 80 Pa. St., 38-48. It is decided in " that case that when the application for specific per- " formance of a contract for the sale of lands is made "by the executor or administrator of a decedent, "notice to his widow and heirs is not necessary. By " the contract for the sale of land, the estate of the " decedent is converted into personalty, over which "the personal representatives have absolute control." II. Power of Sale in Will. § 4683 In Case of Devise of Land to be Sold, if the Executor Die, the Surviving Executor May Sue for Recovery of Land for Trespass, May Convey, etc. In all cases wherein testators have devised, or may hereafter devise their real estates, or any part thereof, to their executors to be sold, or have authorized and directed, or may hereafter authorize and direct such executors to sell and convey such real estates, or have directed or may hereafter direct such real estates to be sold, without naming or declaring who shall sell the same, if one or more 606 SALES OF REAL ESTATE OF DECEDENTS. of such executors is, or are since dead, or shall hereafter die, it shall and may be lawful for the surviving executor or executors, to bring actions for the recovery of possession thereof, and against tres- passers thereon, to sell and convey such real estates, or manage the same for the benefit of the persons interested therein, as fully and completely as he, she or they, together with his, her or their co-executor or co-executors, would be empowered to do if he, she or they were still living. (Act March 12, 1800, §1, 3 Sm,, 433.) § 4684 When Acting Executor May Sell and Manage Real Estate, etc. In all those cases wherein such devises have been or shall be made, or such authority or direction given, if one or more of such executors hath or have refused, or shall hereafter refuse or hath or have renounced or shall renounce, it shall and may be lawful for the acting executor or executors to sell and convey such real estates, and otherwise act respecting the same, as fully and completely as he, she or they, together with such refusing or renouncing executor or executors, would be empowered to do, if he, she or they had not refused or renounced. (Act March 12, 1800, §2, 3 Sm,, 433.) § 4685 When Administrator c. t. a. May Sell Realty and Act as to the Same. If, where such devises as aforesaid have been or shall be made, or authorities and directions given, such executor or executors are deceased, or shall hereafter die, or have refused or shall hereafter refuse, or have renounced or shall renounce, and letters of admin- istration with the will annexed have been or shall be granted, it shall and may be lawful for such administrators with the will annexed, to sell and convey such real estates, and otherwise act, respecting the same, as fully and completely as if such deceased, refasing or renouncing executor or executors, might or could have done, were he, she or they still living, or had he, she or they accepted the execution of the last wills and testaments of such tes- tators, or had not renounced. (Act March 12, 1800, ^3, 3 Sm., 433) SALES OF REAL ESTATE OF DECEDENTS. 607 § 4686 "When Administrators and Remaining Execu- tors May Sell Realty, Execute Trusts of Will, etc. If, where such devises as aforesaid have been made or shall be made, or authorities and directions given, such executor or execu- tors shall have been or hereafter may be dismissed or otherwise dis- charged, the executor or executors remaining, shall have like power to sell and to execute the said trusts and authorities, as fully and amply as if all the executors named had joined therein ; or if all the executors have been or hereafter shall be dismissed, or the let- ters testamentary have been or shall be in any case vacated, and new letters awarded, it shall and may be lawful for the administra- tors with the will annexed, or the administrator de bonis non, or other person or persons to whom letters of administration shall legally issue, to sell and to execute the said powers and authorities mentioned and contained in any last will and testament, as fully and amply as if all the executors named had joined therein. (Act March 12, 1800, §4, 3 Sm., 433.) Nothing in this act shall be deemed or taken to prevent any testator from directing, by his or her last will and testament, other- wise than is herein declared and enacted- (Act March 12, 1800, §5, 3 Sm., 433.) § 4687 All Powers, etc., as to Realty in Any Will Not Given to Any Person Shall be Exercised by Executors Under Direction of Orphans' Court. All powers, authorities and directions, relating to real estate, contained in any last will and not given to any person by name or by description, shall be deemed to have been given to the executors thereof; but no such power, authority or direction shall be exer- cised or carried into effect by them, except under the control and direction of the Orphans' Court having jurisdiction of their accounts. (Act February 24, 1834, §12, P. L., 73.) 6o8 SALES OF REAL ESTATE OF DECEDENTS. § 4688 A Naked Authority to Executors to Sell Real Estate Shall Give Power to Sell, and Remedy by Entry as if the Land Had Been Devised to Them to be Sold, Saving Testator's Right to Direct Otherwise. The executors of the last will of any decedent, to whom is given thereby a naked authority only to sell any real estate, shall take and hold the same interests therein, and have the same power and author- ities over such estate, for all purposes of sale and conveyance, and also of remedy by entry, by action or otherwise, as if the same had been thereby devised to them to be sold, saving always, to every testator, his right to direct otherwise. (Act February 24, 1834, §I3,P. L., 730 § 4689 Power of Surviving Executor and of Acting Executor Over Realty, etc. The survivor or survivors of several executors of any last will containing a devise of real estate to such executors for the purpose of sale or otherwise, or a power or naked authority only to them to sell the same as aforesaid ; also, the acting executor or executors of any such will, where one or more of them resign, refuse or renounce the trust, or are discharged or dismissed therefrom, shall have the same interest in and power over such estate for all purposes of sale, conveyance and remedy as aforesaid as all the executors might have or exercise for the like purposes, saving always to every testator his right to direct otherwise. (Act February 24, 1834, §14, P. L., 73-) This statute acted upon in Trust Co. vs. Lippin- cott, 106 Pa. St., 295 (1884). § 4690 Powers and Liabilities of Administrators c. t. a. All and singular the provisions of this act relative to the powers, duties and liabilities of executors are hereby extended to admin- istrators with a will annexed. (Act February 24, 1834, §67, P. L., 73-) SALES OF REAL ESTATE OF DECEDENTS. 609 §4691 Acts of Administrator in Good Faith Not to be Impeached by Establishment of a Will. All such acts of administration as would be in due course of law, in case of intestacy, if done in good faith and without notice of a will, shall not be impeached, though a will should afterwards be discovered and established. (^Ibid, §68.) §4692 'When an Executor or Administrator of a De- ceased Creditor Can Sustain Ejectment for Purchase Money. In all actions of ejectment now pending, or which may here- after be brought, when the object is to enforce the payment of pur- chase money due and owing on land contracts, it shall and may be lawful for the executors or administrators of the deceased creditor, to sustain the same in their own names, to the same extent and in like manner as the testator or intestate, if living, could. (Act April 9, 1849, §5, P. L., 526.) §4693 Executor or Trustee With Power to Convey, May do so by Attorney, but no Trustee Shall Delegate the Discretion for General Manage- ment of Estate. Any trustee, executor or other person acting in a fiduciary character, with power to convey lands or tenements in Pennsyl- vania, may make conveyance under such power by and through an attorney or attorneys duly constituted, and such conveyance shall be of the same validity as if executed personally by the constituent ; and all conveyances so heretofore bona fide made by such trustees are hereby confirmed: Provided, That nothing herein contained shall authorize any person so acting in a fiduciary character, to dele- gate to others the discretion vested in himself for the general man- agement of his trust. (Act March 14, 1850, §1, P. L., 195.) 6lO SALES OF REAL ESTATE 6f DECEDENTS, §4694 When Testator Directs Real Estate to be Appraised and Sold, or Devises it to Any Persons at an Appraisement, and Has Not Directed How Appraisement is to be Made, Any Party in Interest May Apply to Orphans' Court. In all cases of wills heretofore made and duly proved and recorded, and in all cases of wills hereafter to be made, wherein the testator directs all or any part of his real estate to be appraised and sold, or where such real estate is devised to any person or persons at an appraisement to be made, or when the right is given to one or more persons to take such real estate at any appraisement directed by the testator to be made, in all such cases, when the testator has not or shall not indicate by whom such appraisement shall be made, it shall be lawful for any of the parties interested in the real estate directed to be appraised to apply by petition to the Orphans' Court of the county in which such real estate is situated, setting forth the terms and character of such devise or direction of the testator, and also the name and residence, when known, of all the parties inter- ested in the real estate directed to be appraised. (Act April 17, 1869, %i, P. L., 72.) § 4695 On Presentation of Petition, Orphans' Court May Appoint Three Appraisers, Unless the W^ill Designates a Different Number — In- quest to Sheriff — Notice to all Parties as in Partition, etc. Upon the presentation of such petition, the Orphans' Court of the proper county shall appoint three disinterested and judicious persons, citizens of the coimty, to make such an appraisement, unless where the testator has designated the number of persons to make such an appraisement, and in such cases the Orphans' Court shall appoint the number of persons so designated, and award an inquest directed to the Sheriff of the proper county, for the pur- pose of having such appraisement made ; and shall order and direct notice to be given to all parties interested of the time and place of making such appraisement, in the same manner that notice is required to be given in proceedings in partition in the Orphans' Court on estates of decedents. (Act April 17, 1869, §2, P. L., 72.) SALES OF REAL ESTATE OF DECEDENTS. 6 1 I § 4696 Appraisement to be Returned, Confirmed, and Shall be Conclusive Unless^Appeal Entered Within Three Months. The appraisement so made shall be returned to and be con- firmed by the said Orphans' Court ; and the proceedings thereon shall be entered on record, and shall be conclusive on all the parties interested in said real estate, unless an appeal therefrom to the Supreme Court shall be taken within three months thereafter. (Act April 17, 1869, §3, P. L., 72.) § 4697 On Confirmation of Appraisement, Estate to be Adjudged as Directed by Will — If all Neglect to Take, then it Shall be Disposed of as Provided by the Will. Upon the return and confirmation of such appraisement, the court shall adjudge such real estate to the person or persons entitled to take the same, on compliance with the terms of the will ; and if all of the parties entitled to take the same under the provisions of the will, neglect to appear in court during the first week of the term to which the inquest is returnable, to accept the same, then a record thereof shall be made and such real estate shall then be disposed of as the testator may have directed, in the event of such real estate not being taken at the appraisement directed by him. (Act April 17, 1869, §4, P. L., 72.) . § 4698 Oath of the Appraisers of Real Estate Under Foregoing Sections. The appraisers shall be duly qualified by the Sheriff (to) well and truly, and without prejudice or partiality, to value and appraise such real estate. (Act April 17, 1869, §5, P. L., 72.) § 4699 Fees of Sheriff and Appraisers Under Forego- ing Sections. The Sheriff and appraisers shall receive the same fees as are now allowed by law in cases of partition of decedents' (estates) in the Orphans' Court. (Il>td, §6.) 6l2 SALES OF REAL ESTATE OF DECEDENTS. III. Where there is a Ground-Rent, or a Mort- gage, or Judgment. The proceedings in such cases will be found sketched in Chapters V, VI and VIII, Brews. Prac, Vol. I. IV, Where the Personalty is Insufficient for the Payment of Debts, • and V. Where the Interests of Minors or Cestuis Que Trustent Will be Promoted. The Orphans' Court which possesses jurisdiction of the accounts of an executor, administrator or guardian, shall have power to authorize a sale or mortgage of real estate by such exec- utor, administrator or guardian, in the following cases, viz. : I. On the application of the executor or administrator, setting forth that the personal estate of the decedent is insufficient for the payment of debts and maintenance and education of his minor children, or for the purpose of paying the debts alone. II. On the application of such executor or administrator, or for any person interested, setting forth that on the final settlement of the administration account, it appears that there are not suffi- cient personal assets to pay the balance appearing to be due from the estate of such decedent, either to the accountant or others. III. On the application of a guardian, setting forth that the personal estate of the minor is insufficient for his maintenance and education, or for the improvement and repair of the other parts of his real estate, or that the estate of said minor is in such a state Of dilapidation and decay, or so unproductive and expensive, that it would be to the interest and benefit of said minor, in the judgment of said court, that the said estate should be sold ; and the Orphans' Court of the county wherein any such real estate may be situate, shall have the same authority to direct a sale in this latter case as in the cases particularly mentioned in the thirty-second section of this act. (Act March 29, 1832, §31, P. L., 198 ) SALES OF REAL ESTATE OF DECEDENTS. 613 § 4700 Proceedings Where the Real Estate Lies in the Same or in Different Counties. When the real estate, with respect to which application shall be made to the Orphans' Court in the cases mentioned in the pre- ceding section is situated in the same county, the said court may order the sale or mortgage of such part or so much of such real estate as to them shall appear necessary. When the real estate is situated in another county or counties, or in the same or another county or counties, and the Orphans' Court which possesses juris- diction over the accounts of such executor, administrator, or guar- dian, shall be satisfied of the propriety of a sale or mortgage of some portion of such real estate not within their jurisdiction, it shall be lawful for such court to make a decree authorizing such executor, administrator, or guardian, to raise so much money as the said court may think necessary from real estate situated in such county or counties as they may designate ; and thereupon it shall be the duty of the Orphans' Court of the county wherein the real estate so designated is situated, upon the petition of such executor, adminis- trator, or guardian, to make an order for the sale or mortgage, as they shall think expedient, of so much and such parts of such real estate as shall, in their opinion, be necessary to raise the specified sum ; and such executor, administrator, or guardian, shall in all cases make return of his proceedings in relation to such sale or mort- gage to the Orphans' Court of the county in which the real . estate so sold or mortgaged lies, when, if the same be approved by the court, it shall be confirmed. (Act March 29, 1832, §32, P. L. , 198.) §4701 Court May Refer Applications for Sale or Mortgage to a Master. In all cases where an application shall be made to any Orphans' Court, for a decree authorizing the sale or mortgage of real estate. Tinder any of the provisions contained in this act, the court may appoint suitable persons to investigate the facts of the case, and to report upon the expediency of granting the application, and the amount to be raised by such sale or mortgage ; and upon such report being made, the court may decree accordingly. (Act March 29, 1832, §34, P. L., 198.) 6l4 SALES OF REAL ESTATE OF DECEDENTS. §4702 When Personal Estate Insufficient, Real Estate May be Sold for Payment of Debts. Whenever it shall satisfactorily appear to the executor or admin- istrator that the personal estate of the decedent is insufficient to pay all just debts and the expenses of the administration, he shall proceed, without delay, in the manner provided by law, to sell, under the direction of the Orphans' Court having jurisdiction of his accounts, so much of the real estate as shall be necessary to supply the defi- ciency ; and such real estate so sold shall not be liable in the hands of the purchaser for the debts of the decedent. (Act Feb. 24, 1834, §20, P. L., 76.) §4703 Before Sale or Mortgage of Real Estate, In- ventory and Bond to be Filed. No authority for the sale or mortgage of real estate, lying in the same or another county or counties, shall be granted until the executor, administrator or guardian, as the case may be, shall have exhibited to the said court a true and perfect inventory and conscion- able appraisement of all the personal estate whatsoever of the dece- dent or minor, as the case may be, together with a full and correct statement of all the real estate of such decedent or minor, wherever situated, which has come to his knowledge ; and also, in the case of an executor or administrator, a just and true account, upon oath or affirmation, of all the debts of the decedent which have come to his knowledge ; nor in any case shall such authority be granted, until such executor, administrator or guardian shall have filed in the office of the Clerk of the said court a bond, with sufficient security, to be approved of by the court, conditioned for the faithful appro- priation of the proceeds of such sale or mortgage, according to their respective duties : Attd provided, further. That no real estate contained in any marriage settlement shall, by virtue of this act, be sold or disposed of contrary to the form and effect of such settlement ; and that the mansion-house, or most profitable part of the estate, shall be reserved to the last. (Act March 29, 1832, §33, P. L., 198.) SALES OF REAL ESTATE OF DECEDENTS. 615 § 4704 Rules of the Orphans' Court of Philadelphia. Petitions for the sale or mortgage of real estate of a decedent for the payment of debts, shall set forth the date of his death, the name of his personal representative, and of the persons interested in his estate, under his-will or under the intestate laws, as the case may be, stating such as are married women, minors or lunatics, with the names of husbands, guardians or committees. Such petition shall also set forth a description of all real estate of which the decedent died seised, a copy of the inventory of personal property filed in the Register's office, and a list of the debts of the decedent, and shall be accompanied by a certificate from the Board of Revision of Taxes, of the official valuation of the real estate proposed to be sold. Petitions for the sale of real estate in other cases, shall set forth all necessary facts, with names of parties in interest, etc. , etc. , as in preceding section, and shall be accompanied by the certificate of the Board of Revision of the valuation of the real estate asked to be sold, and by affidavits of competent persons acquainted with the value of real estate in the particular locality. Where the value of the interest asked to be sold exceeds one thousand dollars, the peti- tion may be referred by the court to a competent person to examine it, and report upon the propriety of granting the same. There Must be a Petition, etc. Proceedings to mortgage real estate for the pay- ment of debts should be by petition, answer and repli- cation. Steffys Appeal, 76 Pa. St., 94 (1874). §4705 By Act of 181 1, Sales for Payment of Debts Were to be Held After Final Settlement of Administration Account. And whereas, it frequently happens that on the final settlement of the accounts of the estates of testates and intestates the personal assets are found to be deficient and the balance is decreed to be and remain chargeable on the real estate of the testator or intestate. Be it further enacted, that from and after the passing of this act, in all cases after the final settlement of any administration account in the Orphans' Court, if it shall appear that there are not 6l6 SALES OF REAL ESTATE OF DECEDENTS. sufficient assets to pay and satisfy the balance appearing to be due, and owing from the estate of the deceased, it shall be lawful for the said court on the application of the executors or administrators, or any others interested therein, to make an order that so much of the real estate of which the deceased was seized or possessed at the time of his decease shall be sold by the executors or administrators as in the judgment of the court shall be sufficient to satisfy such balance ; and the said court shall likewise decree in such cases what contribution shall be made by the heirs or devisees respectively towards the payment of any debts chargeable on the real estate of any testator, either generally in the first instance, or where the land decreed to be sold shall have been in any manner devised to any heir or devisee after any such sale being made ; and all such sales shall be had, made, and conducted as in other cases of sales made under the decree of the Orphans' Court by the existing laws. (Act April I, 1811, §2; Bioren's Acts, 1810-1811, p. 199.) When Application May be Made — When There Are no Funds, Costs Must be Advanced. Application may be made by the administrator at any time subsequent to the decedent's death. Win- penny s Estate, 40 Leg. Int., 6 (1883). Where the administrator has no funds to pay expenses he need not apply for the order to sell unless the costs be advanced by creditors. Kitchenmans Estate, II W. N., 356 (1882). When Interest Stops. Interest on the debts stops from the return day of the order. Ramsey's Appeal, 4 Watts, 71 (1835). When Rent Goes to Heirs. Rent accruing after final confirmation and before execution of the deed, goes to the heirs and not to the purchaser. Strange vs. Austin, 134 Pa. St., 96 (1890). SALES OF REAL ESTATE OF DECEDENTS. SlJ When Burial Lot Can be Sold. An abandoned empty burial lot may be sold. Johnsons Estate, 20 W. N., 16 (1887). Purchaser s Title Cannot be Attacked Collaterally. Under the Act of April i, 181 1, the Orphans' Court had no authority to order a sale of real estate for payment of debts, before final settlement of the accounts of the administrator or executor. But where such sale was made and confirmed, it was held that the purchaser had a good title which could not be attacked collaterally. Snyder vs. Market, 8 Watts, 416 (1839). The act was literally construed in Rhoads Estate, 3 Rawle, 420 (1832). § 4706 Requirements of Petition to Sell for Payment of Debts. The administrator should exhibit an inventory and conscionable appraisement of the personal estate when application is made for sale of real estate for pay- ment of debts. The personalty need not be exhausted. Walker s Appeal, i Grant, 431 (1857). It was decided in Stiver s Appeal, 56 Pa. St., 9 (1867), that the list of debts need not be filed if it be shown to the court. That this was done will be pre- sumed after the order to sell has been granted. The better practice, however, is to attach such list to the petition. The petition to sell at public sale should include all the real estate of which the decedent died seised. Eddy's Estate, 5 W. N., 568(1878). 6l8 SALES OF REAL ESTATE OF DECEDENTS. § 4707 Form of Petition to Sell Real Estate Where Personal Property Insufficient to Pay Debts, In the Orphans' Court for the City and County of Philadelphia. In the matter of the estate of E. E. M., deceased. April term, 1890. No. 474. To the Honorable, the Judges of the said Court : The petition of J. O. respectfully represents : I. That he is the executor of the last wiU and testament of th( said E. E. M., deceased. II. That the said E. E. M. died on or about the second da; of May, 1889, seised in her demesne as of fee, of, in and to th< following described real estate : (Describe all the real estate.) III. That on the final settlement of the account of your peti tioner as executor of said estate, it appears that there, are not suflS cient personal assets to pay the balance appearing to be due fror the estate of said decedent to the creditors of the said estate. IV. That your petitioner attaches hereto as " Exhibit A " true and perfect inventory and conscionable appraisement of all th personal estate whatsoever of said decedent. V. That the real estate of said decedent, as above exhibited t your honorable court, is a full and correct statement of all the res estate of said decedent, wherever situate, which has come to th knowledge of your petirioner. VI. That your petitioner attaches hereto as " Exhibit B " just and true account of all the debts of said decedent whic have come to the knowledge of your petitioner. Wherefore your petitioner prays your honorable court i authorize your petitioner to sell said real estate for the payment ^ debts of the said decedent. And your petitioner will ever pray, etc. (Affidavit.) (Attach " Schedules A. and B," as above referred to, and certificate of the Board of Revision of Taxes as to assessed valuatic of the property to be sold.) SALES OF REAL ESTATE OF DECEDENTS. 619 DECREE. And now, , 1890, upon consideration of the fore- going petition and on motion of , pro petitioner, It is ordered and decreed that the prayer of said petition be granted and that the petitioner be authorized to sell at public sale the real estate described in said petition, for the payment of the debts of the said E. E. M., deceased. Notice of said sale to be given as provided by Act of Assembly and the rule of court. The petitioner to make return to the court for its approval and con- firmation. § 4708 ^A^hen Debts Disputed, Proof Required. Where judgment is confessed by the administra- tor, the validity of which is disputed by the heirs, an issue will be awarded before an order of sale is granted. Deans Appeal, 87 Pa. St., 24 (1878). Guardians of minor heirs have a right to be heard in opposition to an order of sale for payment of debts which are disputed. Clark's Estate, 46 Leg. Int., 445 (1889). An administrator who seeks to sell for debts owing himself must prove that his claims are bona fide. Eddys Estate, 35 Leg. Int., 234 (1878). The Register of Wills filed a petition to sell land for the payment of collateral inheritance tax. The answer denied the facts set out in the petition. The matter was referred to a master to take testimony. Crams Estate, 25 W. N., 250 (1890). § 4709 W^hen Sale or Mortgage for Payment of Debts Will be Granted, The order may be made if any claim be a lien upon the real estate. Demmys Appeal, 43 Pa. St., 155 (1862). 620 SALES OF REAL ESTATE OF DECEDENTS. Administration expenses will warrant a sale, though more than five years have elapsed since the testator's death. Such expenses are not a debt of the decedent. Cobmigh! s Appeal, 24 Pa. St., 143 (1854) ; Johnson s Estate, 4 W. N., 76 (1877); Bowker s Estate, 6 W. N., 254 (1878). A mortgage may be ordered for the purpose of paying a prior mortgage and other indebtedness which together exceed the personalty. Laugklin's Estate, 23 W.N., 544(1888). Where there was a judgment against the dece- dent and a levy thereunder upon the land of the heir, proceedings were stayed and the administrator was directed to apply to the Orphans' Court to sell for pay- ment of debts. Fowler vs. Fuller, 8 W. N., 146 (1880). Though proceedings at law be pending for the foreclosure of a mortgage upon the land, the Orphans' Court may order such land to be sold for payment of debts. Fitzimmons Appeal, 40 Pa. St., 422 (1861). Previous settlement of an administration account is not necessary in order to obtain an order of sale for payment of debts. Nor need notice of the application be given to the widow and heirs. They may be heard upon the question of confirming the sale. Weaver s Appeal, 19 Pa. St., 416 (1852); Wall' s Appeal, 31 Id., 62 (1857). It was also held in Stiver s Appeal, 56 Pa. St., 9 (1867), that it was not necessary to notify the widow. In Bickle vs. Young, 3 S. & R., 234 (181 7), a sale for payment of debts was ordered on petition of one of several administrators. A creditor may obtain the order. Shislers Estate, 4 W. N., 156 (1877). But the administration account SALES OF REAL ESTATE OF DECEDENTS. 62 I must first be settled. Frends Estate, i W. N., 270 (1878). Where the personalty, exclusive of certain bonds payable to the decedent at distant periods, was Insuffi- cient to pay debts, a mortgage was ordered. Steffys Appeal, 76 Pa. St., 94(1874). § 4710 When Sale or Mortgage for Payment of Debts "Will be Refused. If the debts, by reason of lapse of time, have lost their lien, the order will not be granted. Pry s Appeal, 8 Watts, 253 (1839); or where, for the same reason, they are presumed to be paid. Taylor s Estate, 1 1 W. N., 192 (1882). Where the administrator applied the assets to the maintenance of the family. Instead of paying debts, a sale was refused. Pry s Appeal {stipra). Followed in Kelly s Estate, 35 Leg. Int., 412 (1875). The executor and his wife, who was the residuary legatee, having raised sufficient funds on a mortgage to pay the debts, which funds were used by the executor for his individual use, an order of sale was refused. Kane's Estate, 46 Leg. Int., 220 (1889). An order will not be granted to sell land for pay- ment of disputed or uncertain claims. Fasigs Estate, I Woodward, 213 (1864). Nor to mortgage for the same object. Reilly's Estate, 36 Leg. Int., 49 (1879). Where suits upon the debts are pending at the domicile, an ancillary administrator will not be ordered to sell real estate in this State. Robb's Estate, 44 Leg. Int., 472 (1887). An order cannot be obtained to sell for payment of a first mortgage. Grace vs. Kinsey, 4 W. N., 208 {1877). 622 SALES OF REAL ESTATE OF DECEDENTS. Where the attaching creditor of a distributee has no interest in the estate he cannot petition for a sale. Beebers Appeal, 20 W. N., 94 (1887). A purchaser at a sale held by an executor for the payment of legacies, part of which had been advanced by such executor, takes no title. Torrance vs. Torrance, 53Pa. St., 505(1866). Where the Common Pleas had ordered a sale in partition, the Orphans' Court refused an order to sell for payment of debts. Kennedy s Estate, 16 W. N., 528(1885). The heirs having entered security for payment of debts, an order of sale was rescinded. Single s Appeal, 3 Brews., 160(1869). Where the record fails to show that the court had jurisdiction, an order to mortgage under the Act of 1832 will be vacated, although the rights of innocent third parties have intervened. Hilton's Appeal, 9 Atlan. Rep., 434 (1887). §4711 Refunding Bond to be Given by Distributee Upon Distribution of Proceeds of Real Estate. Before any distribution of the proceeds of such real estate shall be made among the kindred of the decedent, the persons entitled to receive the same shall respectively give sufficient real or personal security, to be approved of by the Orphans' Court having jurisdiction, with condition that if any debt or demand shall be afterwards recovered against the estate of the decedent, or other- wise be duly made to appear, they will respectively refund the ratable part of such demand, and the cost and charges attending the recovery of the same, so far as such real estate would have been liable to such demand if it had remained unsold ; but if the person or persons entitled to receive the same is or are able to give the security aforesaid, then the money shall be put at interest, as directed in the forty-first section of this act. (Act Feb. 24, 1834, §45. P- 1^,81.) SALES OF REAL ESTATE OF DECEDENTS. 623 §4712 Share of Tenant for Life to be Charged on Land in Sales Under Proceedings in Partition — When Land Sold for Payment of Debts, Life Tenant to Give Security Before Pay- ment to Him. Provided always. That in the case of a sale of real estate, under proceedings in partition in the Orphans' Court, the share of any tenant for life shall not be paid to him or her, but shall remain charged on such or other real estate, according to the direc- tions of such Orphans' Court, and in the case of a sale for the pay- ment of debts, such tenant for life shall not be entitled to receive his share of the surplusage until he shall have given such security under the direction of the Orphans' Court, as shall sufficiently pro- vide for the interests of the persons entitled in remainder. (Act Feb. 24, 1834, §46, P. L., 81.) §4713 Upon Failure to Give Refunding Bond, Money to be Put Out at Interest. Before any person shall be entitled to receive any share in the distribution as aforesaid, he shall give sufficient real or personal security, to be approved of by the Orphans' Court having jurisdic- tion as aforesaid, in such sum and form as the said court shall direct, with condition that if any debt or demand shall afterwards be recovered against the estate of the decedent, or otherwise be duly made to appear, he will refund the ratable part of such debt or demand and of the costs and charges attending the recovery of the same ; but if the person or persons entitled to receive the same, is or are unable to give the security aforesaid, then the money shall be put at interest, on security approved by the Orphans' Court, which interest is to be paid annually to the person entitled to it, and the money to remain at interest until the security aforesaid is given, or the Orphans' Court, on application, shall order it to be paid to the person or persons entitled to it. (Act February 24, 1834, §41; P. L., 80.) 624 SALES OF REAL ESTATE OF DECEDENTS. §4714 In Case of Execution Against Decedent's Es- tate, if Personal Estate Insufficient, Execu- tion to be Stayed Until Application Made for Sale of Real Estate. In every case of an execution against the executors or admin- istrators of a decedent, whether founded upon a judgment obtained against such decedent in his lifetime, or upon a judgment obtained against them in their representative character, if it shall be made to appear, to the satisfaction of the court issuing such execution, that there is reason to believe that the personal assets are insufficient to pay all just demands upon the estate, such court shall thereupon stay all proceedings upon such execution, until the executors or administrators shall have made application to the proper Orphans' Court, for the sale of the real estate of the decedent, or for the apportionment of the assets, or both, as the case may require. (Act February 24, 1834, §35, P. L., 77.) §4715 In Such Case, Court May Compel Application to be Made. It shall be competent for the court, in the cases aforesaid, on application of the plaintiff in such judgment, or of any other per- son interested as heir, devisee or otherwise, to order the executors or administrators to make application to the Orphans' Court for the purpose as Ls hereinbefore mentioned, and to enforce such order by attachment. (Act February 24, 1834, §36, P. L. , 77.) § 4716 Sale Authorized for Payment of Debts, Though Land Lies in Different Counties. When application shall hereafter be made to the proper Orphans' Court having jurisdiction of the accounts of any execu- tor or administrator, for leave to sell the real estate of a decedent, or any part of the same, for payment of debts, and any part of said real estate is situated partly in each of two or more counties, by reason of a county line running through the same, the court shall have power to order and direct the sale of the interest of the dece- dent in the whole of said tract of land, irrespective of the county boundary line, and such sale, when confirmed by the said court, shall be as effectual to pass the title of such real estate to the pur- SALES OF REAL ESTATE OF DECEDENTS. 625 chaser, as if the whole of said tract of land had been within the boundaries of the county having jurisdiction of the accounts of the executor or administrator : Provided, That notice of said sale as now required by law, be given in all the counties, in which the land is situated : And provided, further. That any mortgage, judgment, bond or other obligation taken by such executor or administrator to secure the purchase- money or any part thereof, by lien on such lands, shall be duly recorded or entered in each of the counties in which said lands lie as now required by law. (Act June 4, 1883, §1, P. L., 65.) §4717 Additional Cases Where Sale of Real Estate Authorized. The Orphans' Courts of the several counties of this Common- -wealth shall have power to authorize by decree, the sale of real estate within their respective counties in the following cases, in addition to those specified in the acts to which this is supple- mentary : I. Where lands and tenements, or any interest in possession, belong to a minor, and it shall appear to the Orphans' Court of the proper county that it would be to the interest of such minor that the same should be sold, in every such case, upon the applica- tion of the guardian of such minor, the said court shall authorize the said guardian to make sale of said lands or interest ; and upon the confirmation of said sale, the said guardian shall receive and hold the proceeds thereof as and for the estate of said minor. II. AVhere lands and tenements are held by will or otherwise for life, ox per autre vie, by any person or persons, with remainder to any minor or minors, and it shall appear to the Orphans' Court of the proper county that it would be to the interest of such minor or minors that the same should be sold, in every such case upon the application of the tenant or tenants for life, or per autre ■vie, as the case may be, the said court shall appoint a trustee to make sale of said lands ; and upon the confirmation of such sale, the said trustee shall receive and hold the proceeds thereof in trust for the parties in interest therein, and shall loan the same upon good real estate security, upon bond and mortgage, and shall pay the interest thereof, as it shall accrue, to the tenants for life, or per 626 SALES OF REAL ESTATE OF DECEDENTS. autre vie, until the estate for life, or per autre vie, shall have terminated, and shall then pay over the principal sum to the person or persons entitled to such remainder. III. Where lands and tenements are held in trust, under the provisions of any last will and testament, for any corporation or corporations, person or persons whomsoever, and it shall appear to the Orphans' Court of the proper county that it would be to the interest of the cesiuis que trust that the same should be sold, in every such case, upon the application of the trustee or trustees holding the same, the said court shall authorize the said trustee or trustees to make sale of said land : and upon the confirmation ot such sale, the said trustee or trustees shall receive and hold the pro- ceeds therof upon such trusts as he, she or they held the said lands. (Act April 3, 1851, §1, P. L., 305.) §4718 Upon Application for Sale, Day to be Fixed, and Parties Notified. In any case where an application shall be made to any Orphans' Court for decree authorizing the sale of real estate under any of the provisions hereof, the court shall appoint a day for the hearing and investigating of the facts of the case, and shall cause notice of such day and of such application to be given to all parties legally or beneficially interested in said real estate, and to the guardian of all such parties as are minors ; and if such application be made by a guardian, then to the minors themselves, or to their next of kin residing in the county, if such there be, at least thirty days prior to such day of hearing ; and upon the hearing of all parties who shall attend, by themselves, their guardians, next of kin, committee or trustees, as the case may be, the said court shall make such decree in the premises as the facts and circumstances shall require. (Act April 3, 1851, §2 ; P. L., 305.) § 47 19 How Notice to be Given. The notice required by the second section hereof shall be given in the manner prescribed by the fifty-second and fifty-third sections of the act to which this is supplementary. (Act April 3, 1851, §3, P. L., 305.) SALES OF REAL ESTATE OF DECEDENTS. 627 §4720 Requisites of Petition for Sale — Guardians Ad Litem to be Appointed. Every application for the sale of lands under any of the pro- visions hereof shall be in the form of a petition, and shall set forth a sufficient description of such lands, and the names of the persons interested in the same ; and where any of them shall be minors, having no guardian residing within the county in which the lands lie, it shall be the duty of the court to appoint some suitable person or persons to guard the interests of said minors : Provided, That if such minors shall appear upon the day of hearing before mentioned, by guardian, prochein ami, or next of kin, such appointment shall be null and void. (Act April 3, 1851, §4, P. L., 305.) §4721 Person Executing Order of Sale to Give Bond for the Faithful Appropriation of Proceeds — No Sale to be Avoided for Misapplication or for Error of Judgment. Before any sale of lands under any of the provisions hereof, shall be confirmed by the court, the person or persons to whom the order of sale shall be granted, shall file in the office of the Clerk of said court, a bond, with two or more sureties, to be approved of by the said court, in double the amount of the proceeds of such sale, conditioned for the faithful appropriation of said proceeds ; and no sale duly made and confirmed by the proper court, shall be held to be void by reason of any misapplication of the proceeds thereof, or on account of any error of judgment which the said court may have made in deciding that such sale was to the interest of the minors or cestuis que trust interested in the lands so sold. (Act April 3,1851, §5, P. L., 305.) §4722 No Executor or Administrator to Sell Until He Gives Bond for Faithful Application of Pro- ceeds. No executor or administrator shall have power to execute any order or decree of the Orphans' Court, for the sale of any real estate, for the purposes of distribution or otherwise, nor to receive the pro- ceeds of the sale of any of the real estate of the decedent made by 628 SALES OF REAL ESTATE OF DECEDENTS. authority of law, until he shall hive given security, to be approved of by the Orphans' Court having jurisdiction of his accounts, for the faithful application of the proceeds of such real estate accord- ing to law. (Act February 24, 1834, §43, P. L., 81.) § 4723 Where Sale Made Before Expiration of Five Years, Administrators to Apply Proceeds to Payment of Debts, Unless Distributees Object. In cases of intestacy, where the real estate of the decedent shall be sold under an order of the Orphans' Court for distribution before the expiration of five years from the death of the intestate, the administrators are authorized to apply the proceeds of such sale, whilst in their hands, to the payment of debts and claims owing by the decedent for which there may not be other assets in hand ; * * * Provided, That if before any such payment made, the distributees of the proceeds of such real estate, their guardians or agents, shall * * * give written notice to such administrators, objecting to such payment, then and in such case this section shall not justify the same, unless such real estate were or may be otherwise legally liable to such payment. (Act July 16, 1842, §52, P. L., 388.) See the Act of June 8, 1893, P. L., 392. « § 4724 Title of Purchaser at Orphans' Court Sale Not to be Affected by Subsequent Revocation of Letters — May Obtain Possession in Same Manner as Purchasers at Sheriffs Sale. In all cases of bona fide sales under the order of and confirmed by the Orphans' Court, the title of the purchaser shall not be affected by the subsequent revocation of the letters testamentary or of administration of the executor or administrator making such sales. And purchasers of real estate sold under orders of the Orphans' Court shall, after the confirmation of the sale and the execution and acknowledgment of the deed, have a right to proceed to obtain possession of the purchased premises in the same manner as is now provided in relation to purchasers at Sheriff's sales. (Act April 9, 1849, §16. P- L-, 527-) SALES OF REAL ESTATE OF DECEDENTS. 629 § 4725 When Real Estate Sold by Executors, Pro- ceeds to be Paid Into Court. Whenever any sale shall be made of any real estate by any executor, or executors, in pursuance of any authority, power or direction contained in a will, or by force thereof and of this act, either for the payment of debts or of legacies, for the support of children, or for distribution of the proceeds, or other purpose, the purchaser of such estate may pay the purchase money or considera- tion of such sale into the Orphans' Court having jurisdiction of the accounts of such executor or executors, or, with the leave of such court, to such executor or executors, to be disposed of according to the uses and trusts contained in such will ; and such payment shall be deemed valid against all persons having or who may have an interest therein. (Act February 24, 1834, §19, P. L., 81.) § 4726 ^Vhen One or More Executors, Administrators or Guardians, Die After Sale Under Order of Court, but Before Conveyance Made, Deed to be Made by Survivor. In all cases where a sale of the real estate of a decedent shall be made by executors or administrators, or guardians, under an order of the Orphans' Court, if one or more of such executors or administrators, or guardians, shall die or be discharged, before a conveyance is made to the purchaser, it shall and may be lawful for the surviving executor or executors, administrator or administrators, as the case may be, to execute and deliver to the purchaser a deed of conveyance for the estate so sold, on the purchaser's full com- pliance with the terms and conditions of sale. (Act May i, 1861, §1, P. L., 431.) § 4727 Prior Sales to be Perfected by Surviving Exec- utor, Administrator, Guardian or Trustee, in Case of Death of Their Associates. In all cases where a sale of the real estate of the decedent hath heretofore been made by executors or administrators, or guardians, under an order of the Orphans' Court, and one or more of such executors or administrators, or guardians, hath or have died, before a conveyance hath been made to the purchaser, it shall and may be 630 SALES OF REAL ESTATE OF DECEDENTS. lawful for the surviving executor or executors, administrator or administrators, or guardians, as the case may be, to execute and deliver to the purchaser a deed of conveyance for the estate so sold, on the purchaser's full compliance with the terms and conditions of sale. Where authority is or shall be given, by decree of court, to trustee, or other persons, to sell real estate, and any such trustees or other persons authorized, shall have died, resigned or ceased to act, before a sale is effected or a deed executed, in all such cases, sales may be effected and a deed executed by the surviving or succeeding trustee or trustees, or other persons, with as full effect, in all particu- lars, as if effected or executed by the persons acting in the trust, or other office, at the time a sale was originally decreed. Every deed made in pursuance of and agreeably to the provisions of this act shall vest the property therein described in the grantee, as fully and effectually as if the same had been made by all the persons who may have sold any such estate circumstanced as aforesaid. (Act May i, 1861, §2, P. L., 431.) § 4728 In Case of Death or Removal of Executor, Ad- ministrator or Guardian, After Sale, the Deed to be Made by His Successor, or if Latter Fail to Enter Security, Deed to be Made by Clerk of Court. In all cases where a sale shall be made by an executor, admin- istrator or guardian, under an order of the Orphans' Court, and such executor, administrator or guardian shall be removed by the court, or shall die, or become insane, or otherwise incapable, before a conveyance is made to the purchaser, it shall be lawful for the suc- ceeding administrator of the decedent, or for the successor in the guardianship, as the case may be, such succeeding administrator or guardian having given security, to be approved of by the said court, for the faithful appropriation of the proceeds of such sale, to execute and deliver to the purchaser a deed of conveyance for the estate so sold, on the purchaser's full compliance with the terms and conditions of sale ; but if, within three months after such sale, there shall be no such succeeding administrator or guardian having given security as aforesaid, it shall be the duty of the Orphans' Court, on petition of the purchaser, to direct the Clerk of the court to execute and deliver to the purchaser the necessary deed of SALES OF REAL ESTATE OF DECEDENTS. 63 1 conveyance, on his full compliance with the terms and conditions of sale, paying into court the moneys payable, and delivering to the Clerk the sureties required by the said terms and conditions, which moneys and securities shall remain subject to the disposition of the court. Every deed made in pursuance of and agreeably to the provisions of this act, shall vest the property therein described in the grantee, as fully and effectually as if the same had been made by the persons who may have sold any such estate, circum- stanced as aforesaid. The like proceedings may be had where an executor, administrator or guardian shall neglect or refuse to execute and deliver such deed for the space of thirty days after due notice of an order of the court requiring him to execute the same. (Act March 29, 1832, §47, P. L., 208.) §4729 Public Notice of Sale to be Given. Whenever, by the provisions of this act, it shall be lawful for the Orphans' Court to order the sale of real estate, public notice of such sale shall be given by the executor, administrator or guar- dian, as the case may be, at least twenty days before the day appointed therefor, by advertisement, in at least one newspaper published in the county, if there be one, or if there be none, then in an adjoining county, and in all cases, notice shall also be given by hand-bills,, affixed in at least three of the most public places in the vicinity of such estate. (Act March 29, 1832, §45, P. L., 208.) § 4730 Lien of First Mortgage Not to be Destroyed by Orphans' Court Sale. When the lien of a mortgage upon real estate is or shall be prior to all other liens upon the same property, except other mort- gages, ground rents, purchase money due to the Commonwealth, taxes, charges, assessments and municipal claims, whose lien, though after\vard accruing, has by law priority given it, the lien of such mortgage shall not be destroyed, or in anywise affected by any judi- cial or other sale whatsoever, whether such sale shall be made by virtue or authority of any order or decree of any Orphans' or other court, or of any writ of execution or otherwise, howsoever : Provided, That this section shall not apply to cases of mortgages upon unseated lands or sales of the same for taxes. (Act March 22, 1887, P. L., 7.) This act was followed by the Act of 1893. 632 SALES OF REAL ESTATE OF DECEDENTS. §4731 'When Lien of Mortgage Preserved Against All Sales. That when the lien of a mortgage upon real estate is, or shall be, prior to all other liens upon the same property, except other mortgages, ground rents, assessments and municipal claims, whose lien though afterwards accruing has by law (priority) given it the Hen of such mortgage shall not be destroyed, or in anywise affected by any judicial or other sale whatsoever, except as hereinafter stated, whether such sale be made by virtue or authority of any order or decree of any Orphans' or other court, or of any writ of execution, or otherwise, howsoever : Provided, That this section shall not apply to cases of mortgages upon unseated lands or sales of the same for taxes. (Act May 19, 1893, §1, P. L., no.) Prior to the passage of these acts, it was held in Thomas' Estate, 3 W. N., 96 (1876), that a first mortgage should not be included in the schedule of debts, as it is not discharged by the sale. Grace vs. Kinsey, 4 W. N., 208 (1877), and Association' s Appeal, *8i Pa. St., 330 (1876), were to the same effect. §4732 Sale for Payment of Debts May Discharge Mortgage if Mortgagee Consent. That whenever the application for an order or decree 'of the sale of real estate shall be made by an executor or administrator for the purpose of paying the debts of the decedent, it shall and may be lawful for the Orphans' Court having jurisdiction of such peti- tion, to decree a sale of the premises freed and discharged from the lien of a mortgage, or mortgages, as mentioned in the first sectioh of this act, if the holder or holders of such mortgage or mortgages, by writing filed in said court, shall consent to the sale being so made, that the sale should be made, freed and discharged from the lien of the mortgage or mortgages, as aforesaid. (Act May 19, 1893, §2, P- L., no.) The terms of sale should be fixed by the order. Bailey's Appeal, 32 Pa. St., 40 (1858); Breil's Appeal, 24 Pa., St., 511 (1855). SALES OF REAL ESTATE OF DECEDENTS. 633 § 4733 Sales Outside of Philadelphia May be Made Partly Upon Credit. In all sales of real estate under the order of the Orphans' Court, authorized by the laws of this Commonwealth, the court decreeing the sale shall have power to direct the terms thereof, for cash, not less than one-fourth of the purchase money, at the time of the confirmation of the sale, and the balance in such instalments and at such times, as in the opinion of the court, shall be for the interest and advantage of those interested therein, requiring security, to be approved by the court, in at least double the value of the interest proposed to be sold, before such sale shall be ordered or made : Provided, That the purchase money shall be a lien on the premises sold, until fully paid according to the decree of the court. (Act March 22, 1859, §1, P. L., 207.) This act does not apply to Philadelphia (Id. §2). It was construed according to its terms in Fitzimmons Appeal, 40 Pa. St., 422 (1861) ; and where the sale was on a credit but the administrator returned that he sold for a gross sum, he was denied relief. Davis Appeal, 14 Pa. St., 371 (1850). § 4734 Return to Order — Confirmation. The administrator must make return to the court for its confirmation. Morgan s Appeal, 110 Pa. St., 271(1885). An objection to the execution of the mortgage may be interposed by the heir-at-law at any time before confirmation of the proceedings. {Ibid.) That security was not required does not invalidate the sale after its due confirmation. Lockkartvs. John, 7 Pa. St., 137 (1847). Any irregularity in the proceedings is cured by confirmation of the sale. Potts vs. Wright, 82 Pa. St., 498 (1876). 634 SALES OF REAL ESTATE OF DECEDENTS. One who claims adversely cannot object to the confirmation of the sale. Kline's Appeal, 39 Pa. St., 463 (1861.) Where the will contains a power of sale, the court will confirm a sale thereunder without a previous appli- cation to sell. Musselman' s Appeal, 65 Pa. St., 480 (1870.) §4735 Postponement of Sale — Insufficient Bids, etc. The sale may be put off until the season be favor- able. Winpenny s Estate, 12 W. N., 520 (1882). When the bids are insufficient, the sale may be adjourned for not less than twenty days. Gillespie s Estate, 10 Watts, 300 (1840). If there should be no bidders, the administratrix may proceed under the original order and need not obtain an alias. Murphy s Estate, i W. N., 637 (1875). The highest bidder having refused to comply with the terms of sale, the property was returned as hav- ing been sold to the next bidder. Stiver s Appeal, 56 Pa. St., 9 (1867). § 4736 Rights of Vendor and Vendee, Between Sale and Confirmation. Demmy s Appeal, 43 Pa. St., 155 (1862), Strong, ]■■— " It is, perhaps, not indispensable that we should "determine whether the purchaser at such sale " becomes, before its confirmation, so fully the OAvner "of the property purchased that he must bear any " loss occasioned by fire or other accidents. In ordi- " nary sales by articles of agreement, the purchaser is "entitled to accretions, and must sustain any loss " caused by accidental injuries to the property between SALES OF REAL ESTATE OF DECEDENTS. 635 "the time of the agreement for the purchase and the "execution of the deed. This appears to be well set- "tled. Equity regards that as done which has been ' "agreed to be done, and which the parties to the "agreement have in their power to do: Richter "vs. Selin, 8 S. & R., 440. Such a sale, there- "fore, works a conversion, and if the vendor by arti- " cles die before conveyance, the purchase money is " substituted for the land, and passes to the personal " representatives of the vendor, and not to his heirs " On the other hand, if the vendee die before convey- "ance, his personal representatives take nothing. The "land descends to his heirs. For authorities collected " upon this subject, references may be made to 2 " Story's Eq. Jur., p. 98, and notes. But the reasons " which apply to private executory contracts of sale, "and which have led to the establishment of the prin- "cipal that a vendee by articles is, in equity, the " owner of thfe land which was the subject of the con- " tract, and, as such, must run the hazard of any " deterioration in its value that may take place before " the conveyance of the perfect title, do not apply with " equal force to Orphans' Court sales for the payment " of the debts of a decedent. Such sales are not abso- "lute and unconditional. They depend for their "validity upon the approval and confirmation of the "court. They are liable to be vacated by a power " superior to the purchaser and against his will. The " sale, even after confirmation, does not divest the title " of the heirs of the decedent, for it remains in the "power of the court until a deed has been executed " and delivered. Until then, their right to maintain "ejectment, even against the purchaser, has not gone. '^ Leshey vs. Gardfter, 3 W. & S., 314. 636 SALES OF REAL ESTATE OF DECEDENTS. " Until then, no conversion takes place, and if the " heir of the decedent die, even subsequently to the "'confirmation of the report of sale, but before the " deed, his interest descends as land, and not as money. '' Erb vs. Erb, 9 W. & S., 147 ; Bigert's Appeal, 8 " Harris, 17. "These cases recognize a clear distinction " between sales made under order of an Orphans' " Court and private sales. The latter are exclusively " acts of the parties, and are beyond the control of any "other power. The former are not the acts of the "decedent or his heirs or devisees. They are the "acts of the court, and they require no consent " of the owners. In substantial fact, the purchaser "buys from the court through its agent. The court " reserves the power to decline his bid, and to disan- " nul the act of its agent, until the sale has been fully " consummated. It is difficult to distinguish between " such sales and those which are made by a master in " chancery. "In Ex parte Minor, 11 Vesey, 559, LordELDON "held that a purchase before a master is not complete "before confirmation of his report, and therefore a " loss by fire after a report of sale, but before con- " firmation, was held not to fall upon the purchaser. " The same rule was adopted in Twigg vs. Fifield, 13 " Vesey, 5 1 7, and was recognized in i Sugden, V. & P., " 58, and in 3 D. & W., 74. It appears to be the " undoubted doctrine of courts of equity. 2 Daniel's " Ch. Prac, 1455. "It is said that while there is an analogy between " a purchase, made under an order of the Orphans' " Court, to sell for the payment of debts, and one " made before a master in chancery, in some respects SALES OF REAL ESTATE OF DECEDENTS. 637 "they are very dissimilar. It is not obvious, how- " ever, wherein the dissimilarity consists. Both " require confirmation ; one by the express words of " the statute, and the other by the uniform practice of "the court. That is but a difference inform. No " difference is seen in the responsibility of the pur- " chasers. It is as fixed in the one case as in the "other. Each purchaser may move for confirmation. "Such sales would seem to be much more alike than " are Orphans' Court sales and Sheriff's sales in a court " of law. The purchaser at a Sheriff's sale has been "held to acquire an inceptive title, commencing at "the time when the property was struck down to him, " an interest that may be bound by the Hen of a judg- "ment. Bellas n^. McCarty, 10 Watts, 21; Morrison "vs. Wurtz, 7 Watts, 437; Stephens Appeal, 8 W. & " S., 188. This, however, only in cases where the " Sheriff's deed had been acknowledged and delivered. " There the deed relates back to the bid and its " acceptance by the Sheriff Even in a Sheriff's sale, "the title of the debtor is not divested, nor can the "purchaser maintain ejectment or grant a lease of the "lands, until the deed has been acknowledged and "delivered. Hall \s. Benner, i Penna. Rep., 402. "But there are essential differences between an "Orphans' Court sale and a Sheriff's sale. The one " is made by the owner, through the agency of the " officer of the law, the other is made by the court, "without any agency, expre<;s or implied, of the "owner. In the one case, the court has the property " in charge, supervises the sale, and may direct that it " be made on credit ; in the other, the court reviews " the sale only indirectly, in virtue of its control over " its officer and process, and the sale must be for cash. 638 SALES OF REAL ESTATE OF DECEDENTS. "In the one case, therefore, equity might presume " that the purchase m.oney was paid when the Sheriff "accepted the purchaser's bid, in the other no such " presumption can arise. There seems to be, then, but "a very remote analogy, if any, between the rights of "a purchaser under a Sheriff's sale, and those under "a sale made in the Orphans' Court for the payment "of debts." " It must be admitted, however, that there are "remarks in the opinion of Judge Rogers, delivered in " Robb vs. Mann, i Jones, 300, which assert strongly "that a purchaser at an Orphans' Court sale is, in "contemplation of equity, the owner of the land pur- " chased from the time of the auction and before its "confirmation. Yet to me the remarks of the Judge " seem to be outside of the case. It was a suit brought "by the administrator against the purchaser for the " purchase money. The sale had been confirmed and " the purchaser had taken possession. Deterioration " of the value of the land, of course, could not avail "as a defence against the administrator, whether the " purchaser had title before the confirmation of the sale "or not." Greenough vs. Small, 47 Leg. Int., 454 (1890): One who purchases land sold for payment of debts cannot, before confirmation of the sale, defend the possession of the land against the heir's grantee. Orphans' Court sales are ejitirely within the control of that court up to and even after confirmation. DeHaven s Appeal, 106 Pa. St., 612 (1884). § 4737 Setting Aside Orphans' Court Sales. Puffing, secret bidding, misrepresentation, misde- scription, unauthorized assertions and promises, inade- SALES OF REAL ESTATE OF DECEDENTS. 639 quacy of price, fraud, etc. See Schugs Appeal, 14 W. N., 49 (1883) ; DeHaven's Appeal, 106 Pa. St., 612 (1884); Wiltbergers Estate, 20 W. N., 299 (1887); Johnsons Appeal, 114 Pa. St., 132 (1886); Moore's Estate, 13 W. N., 145 (1883); Murphy s Estate, 11 W. N., 419 (1882) ; Cronrath's Estate, i Woodward, 103 (1863) ; Ringlers Estate, Id., 214 (1864) ; Han- num s Appeal, 2 Penny., 103 (1882) ; Haslage s Appeal, 2,7 Pa. St., 440 (i860). "After a sale made under an order of the " Orphans' Court, and a final confirmation of it accord- "ing to the rules of court, followed by the payment of " the purchase money and the delivery of the deed, it " is too late to make objections to the sale. This is " the general rule." — Lewis, J. Simmond' s Estate, 19 Pa. St., 439(1852). In a case of gross mistake, the rights of third parties not being affected, the Orphans' Court may vacate a private sale by a guardian under an order of court, even after confirmation of the sale, payment of the purchase money and execution and delivery of the deed. Johnsons Appeal, 114 Pa. St., 132 (1886). The sale of land subject to encumbrances will be set aside at the cost of the administrator, unless he so notify bidders. Schwartz's Estate, 35 Leg. Int., 153 (1878). In Crossons Appeal, 125 Pa. St., 380 (1889), real estate sold for payment of debts was subject to fixed liens, the amounts whereof could not be ascertained at the time of sale. The land was sold as though no incumbrances existed, the purchaser being credited with their amounts when ascertained. Cascaden vs. Cascaden, 140 Pa. St., 140 (1891): A bill to set aside a private sale under a testamentary 640 SALES OF REAL ESTATE OF DECEDENTS. power, on the ground of fraud, must aver that the purchaser was a party to the fraud. In GrindrocTs Estate, 140 Pa. St., 161 (1891), the court refused to set aside a sale after the lapse of ten years, upon petition of a party averring that he was a minor at the time of sale, was interested in the land, and had no notice of the proceedings, but not alleging fraud. No appeal lies from the order of the Orphans' Court which opens the decree confirming a sale of real estate, sets aside the sale and modifies the order. These are matters of discretion. Williams Estate, 140 Pa. St., 187 (1891). The purchaser's expenses should be ordered paid, if the sale be set aside. Scott's Estate, 4 Phila., 178 {i860). §4738 Conclusiveness of Decree. Any irregularity in procuring a decree of the Orphans' Court for the mortgaging of a decedent's estate must be amended in that court or upon an appeal to the Supreme Court. Such mortgage cannot be attacked in a collateral proceeding. Morgans Appeal, no Pa. St., 271 (1885). § 4739 Discharge of Liens. The widow's claim for dower is discharged under a sale for payment of debts, in pursuance of a power contained in the will. Mitchell vs. Mitchell, 8 Pa. St., 126 (1848). Her dower remains charged on the land when the latter is expressly sold as subject to it. She is not, in such case, interested in the proceeds of the sale. ' Zook's Appeal, 54 Pa. St., 486 (1867). SALES OF REAL ESTATE OF DECEDENTS. 64 1 A portion of real estate was sold under a power in the will ; the proceeds were not applied to a judg- ment against the decedent. Held, that the sale had not discharged the lien of the judgment as to other land of the decedent in possession of devisees. Konigmaker vs. Brown, 14 Pa. St., 269 (1850). §4740 Distribution of Surplus— Bill to Compel Con- veyance of Title — Second Order — Appeal. Any surplus received from a sale for payment of debts should be distributed as real estate. Diller vs. Young, 2 Yeates, 261 (1797) ; Wales Estate, 2)1 Leg. Int., 409 (1876). Where there was a judgment against the decedent in his lifetime and the land was sold more than five years after his death, the heirs were held to be entitled to the surplus as against other creditors. Bindley s Appeal, 69 Pa. St., 295 (1871). A bill to compel the holder of the title to convey to the purchaser of land sold for payment of debts, should be filed by the administrator. Uh'icKs Appeal, 2 Penny., 455 (1882). A second order of sale, if made only for the main- tenance of minor children, is valid. Huckle vs. Phillips, 2S. &R., 4(1815). No appeal lies from a decree granting an order of sale for payment of debts. It is not a definitive decree. Snodgrass Appeal, 96 Pa. St., 420 (1880). § 4741 Where the Real Estate is Valued at Not More than One Thousand Dollars, it May be Sold and the Proceeds Distributed. Whenever any person shall die seised of real estate valued at not more than one thousand dollars, and the parties in interest desire the same to be converted into money for distribution, it shall be lawful for the Orphans' Court of the proper county, in its discre- 642 SALES OF REAL ESTATE OF DECEDENTS. tion, upon the joint petition of the widow and heirs, and the. guar- dians or committees of such as are minors or under disabilities, in whom the real estate of the decedent shall have vested, setting forth the description of the property, the desire to have the same sold, and its estimated value, duly sworn, together with the affidavit of two disinterested persons, stating that the real estate is not worth more than one thousand dollars, to order the executor, administrator or a trustee to make sale and proceed in all respects in the manner now provided by existing laws, in cases of the sale of real estate for the payment of debts of a decedent ; and the proceeds of such sale, after the payment of the expenses thereof, shall be distributed to and among those entitled thereto, the same as real estate. (Act May IS. 1874, §1, P. L., 166.) Following is the rule of court of Philadelphia upon this subject : — Application under Act of May 14, 1874, for the sale of dece- dent's real estate, shall be upon joint petition of the widow and heirs, and the guardians or committees of such as are minors, or under disabilities, in whom the real estate shall have vested, setting forth the description of the property, the desire to have the same sold, and its estimated value duly sworn to, together with the affida- vit of two disinterested persons familiar with the value of real estate in the locality, that the real estate proposed to be sold is not worth more than one thousand (;gi,ooo) dollars, accompanied with a cer- tificate from the Board of Revision of the valuation thereof, and the executor, administrator or trustee appointed for the purpose, shall make sale, and proceed in all respects as now required for the adver- tisement, return and confirmation, and accounting for the proceeds of sale and distribution in cases of sales of real estate for the pay- ment of debts of a decedent. § 4742 Real Estate, Upon Petition of Parties in In- terest, May be Converted Into Cash and the Proceeds Distributed as Real Estate. That whenever any person shall die seised of real estate and the parties in interest desire the same to be converted into money for distribution, it shall be lawful for the Orphans' Court of the proper county, in its discretion, upon the joint petition of the widow and SALES OF REAL ESTATE OF DECEDENTS. 643 heirs and the guardians or committees of such as are minors or under disabilities, in whom the real estate of the decedent shall have vested by descent or will, setting forth the description of the property, the desire to have the same sold, to order the executor, administrator or a trustee to make sale after he shall have given bond, with one or more sureties in double the appraised value of the real estate, to be approved by the court, and proceed thereafter in all respects in the manner now provided by existing laws in cases of the sale of real estate under proceedings in partition and the proceeds of such sale after the payment of the expenses thereof, shall be distributed to and among those entitled thereto, the same as real estate : Provided, That such sale shall have the same effect in all respects as a pubhc sale in proceedings in partition of real estate under existing laws. (Act June 12, 1893, P. L., 461.) § 4743 Lien Creditor Purchasing, May Give His Receipt in Lieu of Purchase Money. Whenever the purchaser or purchasers of real estate at Orphans' Court or Sheriff's sale, shall appear from the proper record to be entitled, as a lien-creditor, to receive the whole or any portion of the proceeds of said sale, it shall be the duty of the Sheriif, administrator, executor or other person making such sale, to receive the receipt of such purchaser or purchasers for the amount which he or they would appear, from the record as aforesaid, to be entitled to receive : Provided, That this section shall not be so con- strued as to prevent the right of said Sheriff, administrator, exec- utor or other person aforesaid, to demand and receive, at the time of sale, a sum sufficient to cover all legal costs entitled to be paid out of the proceeds of said sale: And provided, further, That before any purchaser or purchasers shall receive the benefit of this section, he or they shall produce to the Sheriff, or other person so making said sale, a duly certified statement from the proper records, under the hand and official seal of the proper officer, showing that he is a lien-creditor, entitled to receive any part of the proceeds of the sale as aforesaid. (Act April 20, 1846, §1, P. L., 411.) 644 SALES OF REAL ESTATE OF DECEDENTS. § 4744 In Preceding Case, Special Return to be Made- Lien may be Attacked and Issue Awarded to Test Validity of Same. It shall be the duty of the said Sheriff, executor, adminis- trator or other person making sale as aforesaid, in all cases when he or they shall receive the receipt of the purchaser as aforesaid, to state the fact in the return of the proceedings of said sale, and attach thereto a list of the liens upon the property sold, which said return shall be read in open court, on some day during the term, to be fixed by the order of court ; and if the right of said pur- chaser or purchasers to the money mentioned in said return shall be questioned or disputed by any person interested, the court shall thereupon appoint an auditor, who, after due notice given to the persons interested, in such manner as the court may direct, shall make a report, distributing the proceeds of such sale, with the facts and reasons upon which such distribution is made, to be approved by the court ; or to direct an issue to determine the validity of said lien, and all further proceedings shall be stayed until the said issue shall be decided. And in case it shall be determined that the said purchaser or purchasers were not entitled to receive said money, it shall be the duty of the proper court to set aside the sale, and direct the real estate to be resold, unless the money is paid to the Sheriff or other person making the sale, within ten days thereafter : Provided, That nothing in this act shall be so construed as to prevent the purchaser or purchasers, in case the said real estate, upon the second or subsequent sale, does not bring a sum equal to the amount bid by him or them, from being liable for such deficiency : Provided, That before an issue shall be directed upon the distribution of money arising from sales under execution, or Orphans' Court sales, the applicant for such issue shall make affi- davit that there are material facts in dispute therein, and shall set forth the nature and character thereof; upon which affidavit the court shall determine whether such issue shall be granted, subject to a writ of error or appeal by such applicant, if the issue be refused, in like manner as in other cases in which such writ now lies. (Act April 20, 1846, §2, P. L., 411.) SALES OF REAL ESTATE OF DECEDENTS. 645 §4745 Where Issue Awarded, Fund may be Invested Pendente Lite, Upon granting any such issue, it shall be discretionary with the court, so soon as the money arising from such sale shall have been paid into court, upon the application of the pariy or parties appearing, by the record, prima facie entitled to the said fund, to order the same to be invested, pendente lite, in the debt of the United States, or some other sufficient security, subject to the decree of the court. (Act April 20, 1846, §3, P. L., 411.) § 4746 Private Sales Authorized. From and after the passage of this act, the Orphans' Court of the several counties of this Commonwealth in all cases where, under existing laws, the court has power to order the sale of real estate for the payment of the debts of decedents and for other purposes, may decree and approve a private sale if, in the opinion of the court, under all the circumstances, a better price can be obtained at private than at public sale, as where the interest shall be undivided, or for any other suiiicient cause. (Act May 9, 1889, §1, P. L., 182.) §4747 Following are the Rules of the Orphans' Court of Philadelphia Upon Private Sales for Pay- ment of Debts, etc. Petitions for the sale of decedent's real estate at private sale, for the payment of debts, as authorized by the Act of May 9, 1889, P. L., 182, shall set forth the date of his death, the name of his personal representative, and of the persons interested in his estate under his will, or under the intestate law, as the case may be, stat- ing such as are married women, minors or lunatics, with the names of the husbands, guardians, or committees. Such petition shall also set forth a description of all fhe real estate the decedent died seised of, a copy of the inventory of personal property filed in the Register's office, a copy of the will, if any, a list of the debts of the decedent, and shall be accompanied by a certificate from the Board of Revision of Taxes of the official valuation of the real estate proposed to be sold, and affidavits of at least two competent and disinterested persons acquainted with the value of real estate in the particular locality, that the price offered for the real estate or undivided interest 646 SALES OF REAL ESTATE DF DECEDENTS, therein is a full and fair price and better than can be obtained at public sale. Such petition shall be filed with the Clerk of the court, and notice of the filing thereof shall be given by personal service upon the widow, if any, of the decedent, and his children, if of full age, and upon their guardians, if minors, when resident within the county, at least ten days prior to the day the court will act upon said petition. If said parties reside out of the jurisdiction of the court, said notice may be served by mail, addressed to their last- known abode. Further notice of the filing of said petition shall be published by the petitioner twice a week for two weeks in a daily newspaper of this county, and once a week for two weeks in the Legal Intelligencer, and unless exceptions to the granting of said petition, or objection to the proposed sale, be filed with the Clerk before the second Saturday after the expiration of said notice, the court will then take action upon said petition, at which time due proof shall be presented of the service of notice and publication thereof as above required. Where the value of the real estate, or any interest therein, exceeds one thousand (J 1,000) dollars, the petition may be referred by the court to a competent person to examine the facts of the case and report upon the propriety of granting the prayer thereof. The form of the notice to be given, as directed by the preceding section, shall be as follows : In the Orphans' Court of Philadelphia County. In the matter of the estate of , deceased. To the heirs, legatees, creditors and other persons interested in said estate. Notice is hereby given that executor (or adminis- trator as the case may be), has filed in the office of the Clerk of the court, his (or their) petition, praying for an order of sale of the real estate of said decedent described in said petition, at private sale for payment of debts. If no exceptions be filed thereto, or objections made to granting the same, the court will take action upon said petition upon Saturday, A. D. 18 . (Signed) A. B. Attorney for Petitioner. SALES OF REAL ESTATE OF DECEDENTS. 647 VI. Sales Under the Price Act, and VII. Under Proceedings in Partition. See chapters upon these subjects. § 4748 Executors and Administrators in Philadelphia and Pittsburgh Holding Public Sale, to Pro- claim Names of Their Testates or Intes- tates. Whenever any executor or executors, administrator or admin- istrators, shall expose to sale, at any place or places within two miles of the State House in the City of Philadelphia, or within the chartered limits of the City of Pittsburgh, by way of public auction, vendue, or otherwise, any lands, tenements, goods or chattels of their respective testators or intestates, it shall be the duty of the said executor or executors, administrator or administrators, to make known and declare publicly before and on the day, and at the place of sale, the names of their respective testators, or intestates ; and if the same be not done by the said executor or executors, administrator or administrators, the person or persons conducting, or in anywise concerned in the management of such sale, shall be subject to all the penalties provided in the sixth section of the act passed on the second day of April, 1822, against any person or persons- not duly qualified to use or exercise the business of an auctioneer. (Act April i, 1826, §6, 9 Sm., iii.) CHAPTER XIV SALES, ETC., OF REAL ESTATE UNDER THE PRICE ACT. In the chapter on Guardian and Ward it was mentioned that the real estate of a minor may be sold for his maintenance, for the improvement or benefit of his estate, or whenever it was for the minor's interest that such a sale should be made. The Act of March 29, 1832, §§31, 32, 34 (P. L., 198), was cited at length. Reference was also made to the Act of April 3, 1851, §§i, 2, 3, 4 and 5 (P. L., 305), enlarging the powers of the courts to all cases where it is for the interest of the minor or cestui que trust to sell, even where his estate is a remainder. To this maybe added the power con- ferred by the Act of March 16, 1847, §2 (P. L., 474), for leasing on ground-rent. These ample powers have been supplemented by the Act of April 18, 1853 (P. L., 503), entitled "An " act relating to the sale and conveyance of real " estate." Its preamble is of importance in interpret- ing the law. It reads : Whereas the general welfare requires that real estate should be freely alienable and be made productive to the living owners thereof. And whereas, in matters which the judiciary is com- petent to hear and decide, it is expedient that the courts should PRICE ACT. 649 adjudicate them after a full hearing of all parties, rather than that they should be determined by special legislative acts upon an ex parte hearing. Then follows the act : §4749 Jurisdiction of Courts to Decree Sales. That in all cases where real estate shall have been acquired by descent or last will, the Orphans' Court, and in all other cases the courts of Common Pleas, of the respective counties of this Commonwealth, shall have jurisdiction to decree the sale, mortgag- ing, leasing, or conveyance upon ground rent of such real estate in the cases hereinafter described : Provided, That any such court in the coutity where the premises shall be situated, shall be of opinion that it is for the interest and advantage of those interested therein, that the same should be sold, mortgaged, leased or let on ground rent, and may be done without injury or prejudice to any trust, charity, or purpose for which the same shall be held ; And provided, That the same may be done without the violation of any law which may confer an immunity or exemption from sale or alienation. ilbid, §1.) §4750 W^hen the Decree for Sale, etc., May be Made. That such sale, mortgaging, leasing or conveyance upon ground rent, may be decreed : Whenever real estate shall be held for or owned by minors, lunatics or habitual drunkards, so duly found by inquisition, for the sole and separate use of married women, for religious, beneficial or charitable societies or associations, incorporated or unincorporated, or for or by any other corporation : Or by trustees for any public or private use or trust : And although there may exist a power of sale, but the time may not have arrived for its exercise, or any preliminary act may not have been done to bring it into exercise, or the time limited for its exercise may have expired, or any one or more persons required to consent or to join in its execution may have become non compos mentis, or have removed out of the state, or died, or should refuse to act or unreasonably withhold consent : Also, when there has been or shall be a defective appointment in any deed, or last will and testament, and the necessary power 650 PRICE ACT. is not given to the executor, devisee, or appointee, to make sale and conveyance of real estate : Also, whenever the owner of real estate may have been absent and unheard from for seven years, under those circumstances from which the law would presume his or her death : Whenever a husband shall own real estate, having a wife who is a lunatic, or a minor : Whenever a married woman owns real estate and her husband has abandoned her f»r two years, or been absent and unheard from for seven years : Whenever a decedent shall have contracted by parol to sell real estate, and those interested do not think it expedient to plead the statute, requiring contracts to be in writing to enable the pur- chaser to recover the real estate agreed to be sold : Whenever a decedent's real estate is subject to the lien of debts not of record : Whenever real estate shall be entailed, or contingent remain- ders or executory devises shall be limited thereon : Or whenever in proceedings in partition in equity it shall appear that real estate cannot be divided without prejudice to the interests of the ovraers : And also whenever real estate shall have been purchased, or any ground rent been reserved, and be held by any person acting in a trust or fiduciary capacity : And such decree may be made whether such ownership or interest shall be held or enjoyed in severalty, joint tenancy, copar- cenary, or in common with others : And generally in all cases where estates have been or shall be devised or granted in trust or for special or limited purposes, or where any party interested therein is under a legal disability to sell and convey the same : Provided, That nothing in this act contained shall be taken to repeal or impair the authority of any Act of Assembly, general or private, authorizing the sale of real estate by decree of court or otherwise, nor to afiTect or impair any right or powers otherwise existing in any persons or corporations to sell, mortgage, lease or let on ground-rent any real estate : And every power to sell in fee simple real estate created by deed or will, shall be taken to confer an authority to sell and con- vey, reserving a ground rent or rents in fee, and the same to release PRICE ACT. 651 and extinguish according to law, and the stipulation of the deed, and also to grant and convey such ground rent or rents to any pur- chaser or purchasers thereof, free of all trusts. (^Ibid, §2.) § 4751 How Sale, etc.. Maybe Decreed — Petition to be Filed — Notice Given — Parties May Appear, be Heard, etc. Such sale, mortgaging, leasing or conveyance upon ground rents may be decreed, on the petition of any trustee, guardian, com- mittee or person interested, clearly setting forth the facts needful for the information of the court, under oath or affirmation ; and if all proper parties shall not have voluntarily appeared as petitioners or respondents, the court shall fix a day for parties to appear, and cause a citation to be served on all persons in being who shall not have appeared, and who shall have any present or expectant interest in the premises, warning them to appear, and that they shall be heard on the day designed ; and for those who cannot otherwise be served, cause advertisement to be made in manner most likely to afford notice ; and service made in any part of the United States and the Territories thereof, with oath or affirmation of the fact, taken before any Judge or Justice of the Peace, and filed of record, shall be good service ; and guardians shall be served and appear for their wards ; and if minors shall have no guardian, the court shall appoint a guardian for them ; committees shall be served and appear for lunatics and habitual drunkards ; and husbands shall be served and appear with their wives, except husbands who shall have aban- doned their wives for two years, or been absent and unheard from for seven years ; and if parties make default inappearing, the court, after investigation of the facts, may proceed to make a decree in the premises : Provided, That in case of the appointment of a guardian by the court, and the payment over of money to him, or of the payment of money to any former guardian, the court shall take ade- quate security for the faithful application of such money; and before the payment of any money to any guardian, not within the court's jurisdiction, the court shall be duly notified that adequate security has been given to the court having jurisdiction over him, whether within or without this Commonwealth. (^Ibid, §3.) 652 PRICE ACT. § 4752 Examiner May Be Appointed— Sale to be Under Control of Court — Private Sale Authorized in Certain Cases— Security to be Entered, etc. Such sales, mortgages, leasing and letting on ground rent, shall only take place after full and careful investigation by the court, aided, when deemed necessary, by the report of a competent person to be appointed by the court ; and shall be made by trustees, execu- tors, administrators, guardians, committees or owners having a present vested interest, as the court may order ; and be under the direction and subject to the approval of the court before which the deed shall be acknowledged, and be certified under seal to have been acknowledged. And all absolute sales in fee simple (except as hereinafter provided), shall be by public sale or vendue, and may be either entirely for cash, or partly on credit and partly for cash, after full advertisement, for at least twenty days, by hand-bills posted in at least twenty of the most public places in the city or county where the premises shall be situated, and in at least two newspapers, not less than three times in each : Provided, That if the court shall be of opinion that, under the circumstances, a better price can be obtained at private than at public sale, as where the interest be undivided, or for other sufficient cause, the court may approve and decree a private sale. And such mortgaging, leasing and letting on ground-rent, shall be upon terms and at rates to be approved by the court ; and the specific execution of the con- tracts of decedents, upon the terms and at the price proved or admitted to have been agreed upon by the parties ; but no such private sale, leasing or letting on ground rent shall be upon terms or at rates less favorable than others, who, of competent ability to contract and uniting in the sale of undivided interests, shall accept. And it shall be the duty of the court, in decreeing sales, leases and conveyances upon ground rent of real estate, to order the premises, if necessary, to be so subdivided as to command the highest price or greatest rents ; and for such purposes, where the premises may admit of or require it, shall have power to lay out roads, streets and alleys, and to vacate such as shall not have been paid for, or received into actual use by the public, if found to be inconvenient, and to make an unprofitable division of the property : And pro- vided, further. That no sale or sales shall be ordered or made under PRICE ACT. 653 the provisions of this act, in any case, until security, to be approved by the Court of Common Pleas or the Orphans' Court, be given, in at least double the value of the interest proposed to be sold. {^Ibid, §4.) §4753 Orphans' Court May Order Private Sale When Better Price Can be Obtained. From and after the passage of this act, the Orphans' Court of the several counties of this Commonwealth, in all cases where, under existing laws, the court has power to order the sale of real estate for the payment of the debts of decedents and for other puj-- poses, may decree and approve a private sale, if in the opinion of the court, under all the circumstances, a better price can be obtained at private than at public sale, as where the interest shall be undivided, or for any other sufficient cause. (Act May 9, 1889, §1, P. L. 182.) §4754 Title of Purchaser to be Absolute— Purchase Money to Remain a Lien Until Paid. The title of purchasers under all such sales, mortgages or con- veyances upon ground rent, shall be a fee simple title, indefea- sible by any party or persons having a present or expectant interest in the premises, and be unprejudiced by any error in the proceed- ings of the court; and by every such public sale, the premises sold shall be discharged from all liens ; and every such sale and every conveyance in fee simple upon ground rent, shall have all the effect of any other proceeding or conveyance now authorized by law, and strictly conducted to a final conclusion, to bar any estate tail and to defeat contingent remainders, and in such case shall vest in the tenant in tail or particular tenant, whether minor, /^ot^ covert or otherwise, who, after such proceeding or conveyance, might have become entitled to the absolute fee simple title, the absolute right to the purchase money and the ground rents reserved ; and such sales and conveyances on ground rent, shall also bar any right of the Commonwealth to forfeit real estate that may have been held by or for any corporation beyond what has been authorized, if no proceeding to procure a forfeiture shall have been commenced before petition filed for a sale or letting on ground rent : Provided, 654 PRICE ACT. That the petition shall set forth an explanation of the title, and of the purpose to bar the entail, defeat the contingent remainder, or the right of the Commonwealth to have inquisition, for any estate defeasible as aforesaid : And provided, That the purchase money or rent resei-ved shall be a lien on the premises sold or let, until fully paid, according to the decree of the court. (Act April i8, 1853, §5, P. L., 503.) § 4755 Proceeds of Sale to be Substituted for Real Estate Sold, etc. The purchase money, or mortgage money, ground or other rent reserved, shall, in all respects, be substituted for the real estate sold, mortgaged, or let, as regards the enjoyment and ownership thereof, after the payment of liens, and shall be held for or applied to the use and benefit of the same persons, and for the same estate and interest, present or future, vested, contingent, or executory, as the real estate sold, mortgaged, or let, had been held, except only such remainders, after an entailment or contingent remainders, as shall have been barred or defeated as aforesaid ; and those entitled to a present interest in such real estate shall receive the interest of the proceeds or rents thereof, unless expressly directed to accumu- late : Provided, That no principal moneys raised by sale or mort- gage as aforesaid, shall be expended for any other purpose than for the payment of liens upon or the improvement of the same real estate when mortgaged, or other real estate when held for the same uses and persons, unless the same be required for the maintenance or education of parties having the like interests vested or expectant, and can be equally and equitably so applied, and without diminution of the capital that may of right become the property of parties having unbarred interests or title in remainder, or by executory devise ; and it shall be the duty of the court to decree the proper applica- tion of all purchase or mortgage moneys and rents, with the aid of an auditor, when deemed necessary, to the discharge of liens and to parties interested, as and when they may be entitled, and before any decree shall be executed, the person or persons entrusted to execute the same, shall give adequate security to the Commonwealth, to be approved by the court, conditioned for the faithful execution of the trust and proper application of all moneys to be received according to the trust and decree of the court, which security shall enure to the benefit of all parties interested, and such security being so given. PRICE ACT. 655 no purchaser or lessee shall be bound to see to the application of the purchase money or rents, or be in any manner liable to or affected by the former trusts or limitations upon the premises. {Ibid, §6.) §[4756 Squaring and Adjusting Lines Between Adjoin- ing Owners — Partitions — Power to Pur- chase, etc. That it shall be lawful for trustees, guardians, committees, married women and corporations, in all the cases aforesaid, under the decree of the court as aforesaid, and with the like effect, and indemnity to them in acting thereunder, to make and take con- veyances by deed acknowledged in court, without public sale, in order to square and adjust lines between adjoining owners, to make and take conveyances, to perfect the partition of real estate held in joint tenancy, coparcenary, or in common with others, to purchase other real estate, when needful to that already owned by any such party, or useful to the business thereupon carried on, or when neces- sary to protect any security or rent held on property exposed to judicial sale : Provided, That no corporation shall be so authorized to purchase beyond its charter license : And provided. That no purchase or sale by authority of this act, shall change the course of descent or transmission of any property changed in its nature by virtue thereof, as respects persons who are not of competent ability to dispose of it, and all persons intrusted with moneys raised under this act shall be 'authorized to file their accounts in the court whence their authority was derived, and upon such notice as the court may order to parties interested, or after being audited, if deemed neces- sary, or by consent of all parties interested, such accounts may be finally confirmed, and upon payment of the balance, as may be decreed by the court, such accountants may be fully discharged from the trust. (^Ibid, §7.) § 4757 Appeals Allowed ; but After Twenty Days and After Decree Carried Into Effect, Reversal Shall Not Affect Title. That in all cases and proceedings under this act, appeals may be taken to the Supreme Court from the Orphans' Court, as now provided by law in other cases, and in the Court of Common Pleas, 656 PRICE ACT. as provided in equity cases, in the respective counties of the State : Provided, That if any decree be carried into execution before the appeal be perfected, and written notice thereof given to any vendee, mortgagee, or lessee, any reversal thereof shall- not affect the right or title of such vendee, mortgagee, or lessee, but the pur- chase or mortgage moneys or rents shall stand in lieu of the prem- ises sold or mortgaged, or leased, so far as thus encumbered : Pro- vided further, That before any decree be carried into effect to afford such indemnity, twenty days be allowed from its entry to take and perfect such appeal. {Ibid, §8.) § 4758 Prohibition of Accumulations Beyond the Term Named. No person or persons shall, after the passing of this act, by any deed, will, or otherwise, settle or dispose of any real or personal property, so and in such manner that the rents, issues, interests or profits therof shall be wholly or partially accumulated for any longer term than the life or lives of any such grantor or grantors, settler or settlers or testator, and the term of twenty-one years from the death of any such grantor, settler or testator, that is to say, only after such decease during the minority or respective minorities, with allowance for the period of gestation of any person or persons who, under the uses or trusts of the deed, will, or other assurance direct- ing such accumulation, would, for the time being, if of full age, be entitled unto the rents, issues, interests, and profits so directed to accumulate ; and in every case where any accumulation shall be directed otherwise than, as aforesaid, such direction shall be null and void in so far as it shall exceed the limits of this act, and the rents, issues, interests and profits so directed to be accumulated, contrary to the provisions of this act, shall go to and be received by such person or persons as would have been entitled thereto if such accumulation had not been directed : Provided, That any donation, bequest, or devise for any literary, scientific, charitable, or religious purpose, shall not come within the prohibition of this section, which shall take effect and be in force, as well in respect to wills heretofore made by persons yet living and of competent mind as in respect to wills hereafter to be made : And proi'ided. That notwithstanding any direction to accumulate rents, issues, interest, and profits, for the benefit of any minor or minors, it shall be law- PRICE ACT. 657 ful for the proper court as aforesaid, on the application of the guardian, where there shall be no other means for maintenance or education, to decree an adequate allowance for such purpose, but in such manner as to make an equal distribution among those having equal rights or expectancies, whether at the time being minors or of lawful age. (^Ibid, §9.) § 4759 Security, etc., In All Cases — No Decree Except by President Judge or Law Judge. The directions given in the sixth section of this act, in regard to the security to be given in cases of sales, mortgage, or letting of real estate, and the condition of the bond or security therein pre- scribed, shall apply to all cases of sales or mortgage of real estate, by order of the courts of this Commonwealth : And provided, That no decree for the sale, mortgaging or letting of any real estate under the provisions of this act shall be made except when the President of the court, or the law Judge or judges thereof, shall be present, and that the acts in relation to special courts, where the president Judge shall be interested, related to parties in interest, or otherwise incapable of acting, shall apply to all such provisions. {Ibid, §10.) § 4760 Deeds by Trustees Residing Out of the County May Be Acknowledged ^Vhere Trustees Reside. In all cases of sales, mortgages, leasing and letting on ground rent, of any real estate authorized under the act to which this is a supplement, where the trustees, executors, administrators, guardians, committees or other persons authorized to make such sale, mort- gage or lease, shall reside out of the county where such real estate is situate, the deed, mortgage or lease thereof, may be acknowledged before the Court of Common Pleas or Orphans' Court of any county of this State, where the person or persons executing the same may reside, and certified under the seal of such court to have been so acknowledged ; and such certificate of acknowledgment shall be read in open court of the county where the real estate is situate, and entered upon the records thereof; and upon being so entered, shall have the same effect as if the deed, mortgage or lease had been acknowledged before said court, as now required by law. (Act April 13, 1854, §1, P- L-> 368.) 658 PRICE ACT. §4761 Courts May Authorize Investment of Trust Funds in Ground Rents or Other Real Estate — No Change of the Trust. It shall and may be lawful for any trustee, committee, guar- dian, or other person acting in a fiduciary capacity, to invest trust moneys in ground rents or other real estate, by leave of the proper court, under proceedings as provided in the act to which this is a supplement : Provided, That it shall be the opinion of the court that such investment will be for the advantage of the estate, and no change be made in the course of succession by such change of investment, as regards the heirs or next of kin of the cestui que trust. (^Ibid, §2.) § 4762 Sale', etc., Without Leave of Court, May be Confirmed. In all cases wherein any of the courts of this Commonwealth might have authorized any sale or conveyance, or letting on ground rent or otherwise, and such sale, conveyance or letting may have been made without the leave of such court, it shall be lawful for such court, if approving of such sale or conveyance, or letting, to approve, ratify and confirm the same, with the same effect as if such decree had preceded such sale, conveyance or letting. {^Ibid, §3.) § 4763 Concurrent Jurisdiction of Common Pleas and Orphans' Court if Title Partly by Deed and Partly by Descent or Will. Under the Act of the i8th day of April, 1853, entitled, "An " act relating to the sale and conveyance of real estate," whenever the estate shall have been derived partly by deed and partly by descent or will, either the Court of Common Pleas or the Orphans' Court may entertain jurisdiction of the proceeding to make sale or lease thereof (Act April 27, 1855, §5, P. L., 369.) § 4764 Retroactive Confirmation of Sales of Lunatics' Lands Prior to April 26, 1856. In all cases where sales of the real estate of lunatics have been made under the Act of the i8th day of April, 1853, entitled "An " act relating to the sale and conveyance of real estate under a PRICE ACT. 659 "decree of the Court of Common Pleas," the same shall be valid and effectual, notwithstanding such real estate may have been derived by descent or will. (Act April 21, 1856, §1, P. L., 486.) § 4765 Non-Resident Guardians, Trustees, etc, May Acknowledge Deeds Outside of the State. In all cases of sales, mortgages, leasing and Ifetting on ground rent of any real estate authorized by the act to which this is a further supplement, when the trustees, executors, administrators, guardians, committees, or other persons authorized to make such sale, mort- gage, or lease, shall reside out of the State where such real estate is situate, the deed, mortgage or lease thereof may be acknowledged in the manner prescribed by the third section of the Act of Assem- bly, entitled "An act relating to the authentication of letters of " attorney, protest of notaries public and assignments made out of "the State, and to the acknowledgment of deeds," approved the fourteenth day of December, Anno Domini, 1854: Provided, That such sale, mortgage, or lease, etc., be first approved by the court when such approval is necessary. (Act April i, 1863, §1, P. L., 187.) The act here cited of December 14, 1854, §3 (P. L., 725), provides for acknowledgment of deeds, etc., executed in any of the United States "to be taken in " due form before any officer or magistrate of the State "wherein such deed, et cetera, is executed, authorized " by the laws of said State to take the acknowledg- "ment of deeds * * * and the proof of such "authority shall be the certificate of the Clerk or " Prothonotary of any court of record in such State " that the officer * * * so taking such acknowl- " edgment is duly qualified by law to take the same." § 4766 Trustees, Guardians, etc., May Make Deeds Without Public Sale and Accept Deeds Changing Rights of Way. It shall be lawful for trustees, guardians, committees, married women, and corporations, in addition to the powers conferred by the seventh section of the act to which this is a supplement, under 66o PRICE ACT. the decree of the proper court, and with the like eft'ect, and indem- nity to them in acting thereunder, to make and take, or to join with owners of other undivided interests in making and taking con- veyances, by deed acknowledged in court, and without public sale, in order to change, in part or in whole, the route or location of any right of way or passage existing over and upon adjoining or other lands : Provided, The court shall be of opinion that (it) is for the interest and advantage of the owner or owners, of the land to which such right of way is appurtenant, that such change of route or location be made : And provided further , That it shall be in the discretion of the court, in such cases, to require security or not, from the person or persons aforesaid, making or taking such con- veyances. (Act April i8, 1864, §1, P. L., 462.) § 4767 Acknowledgments Before a Justice, etc., Valid. In all cases where sales, mortgagings or leasings of any real estate have heretofore been, or shall hereafter be made, under the provisions of an Act of Assembly entitled, ' ' An act relating to the " sale and conveyance of real estate," approved the eighteenth day of April, 1853, and the deeds, mortgages or leases made in pursu- ance of such sales, mortgagings or leasing have been acknowledged before a Justice of the Peace, or other officer having authority under the laws of this Commonwealth to take the acknowledgment of deeds and other instruments of writing therein, such deeds, mortgages and leases shall be as valid and effectual, to all intents and purposes, as if the same had been acknowledged before the court, and in the manner specified in said act. (Act April 17, 1866, §1, P. L., 108.) §4768 Under Act of 1853, Deeds Acknowledged in Court and so Certified, May be Recorded— Security May be Approved in County of Grantor's Residence. All deeds made to convey real estate, sold under an act passed the eighteenth day of April, 1853, entitled " an act relating to the "sale and conveyance of real estate," being acknowledged in court, and so certified to have been by the Clerk or Prothonotary, as required by said act or supplements, may be recorded in the Recorder of Deed's office, without other acknowledgment; and PRICE ACT. . 66 1 the security required by said act may be approved by the proper court of like jurisdiction of the county in which the grantor or one of them is resident, and be certified, under seal of such court, to that wherein the sale was decreed ; and such certificate shall be copied on the records thereof. (Act March 23, 1867, §1, P. L., 43.) § 4769 Private Sales Under Order of Court Discharge Decedent's Debts, Except Debts of Record and Mortgages. Private sales made by order of the court, under the said Act of the eighteenth day of April, 1853, shall discharge the premises sold from the lien of the debts of the decedent, except debts of record, and debts secured by mortgage : Provided, That the security required by said act shall have been duly entered. (^Ibid, §2. ) §4770 Sales Before May i, 1861, Under Orphans' Court Order — One Executor or Guardian, etc., Dying Before Deed Made, Survivor Can Convey — Where Authority Shall be Given and One Trustee Dies, Survivor May Sell, Convey, etc. In all cases where a sale of the real estate of a decedent hath heretofore been made by executors, or administrators, or guardians, under an order of the Orphans' Court, and one or more of such executors, or administrators, or guardians, hath or have died before a conveyance hath been made to the purchaser, it shall and may be lawful for the surviving executor or executors, administrator or administrators, or guardians, as the case may be, to execute and deliver to the purchaser a deed of conveyance for the estate so sold, on the purchaser's full compliance with the terms and conditions of sale. Where authority is or shall be given by decree of court to trustees, or other persons, to sell real estate, and any such trustees, or other persons authorized, shall have died, resigned, or ceased to act before a sale is effected or a deed executed ; in all such cases sales may be effected and a deed executed by the surviving or suc- ceeding trustee or trustees, or other persons, with as full effect in all particulars as if effected or executed by the persons acting in the tnist, or other office, at the time a sale was originally decreed. Every deed made in pursuance of and agreeably to the provisions 662 PRICE ACT. of this act, shall vest the property therein described, in the grantee, as fully and effectually as if the same had been made by all the persons who may have sold any such estate circumstanced as aforesaid. (Act May i, 1861, §2, P. L., 431-) §4771 W^hen Lease of Mining Lands Decreed, They May be Consolidated with Adjoining Lands, etc. Whenever, under the provisions of the aforesaid Act of April 18, 1853, and the several supplements thereto, the courts of this Commonwealth or any of them, have power to decree a lease of lands for mining purposes, it shall be further lawful for the said courts to order and decree that such lands maybe so combined and consolidated with other adjoining lands, as to form one tract in which the several persons or parties so combining and consolidating shall become seised of undivided interests, proportionate to their several divided interests before such combination and consolidation, and that the rents or royalties to be received under such lease shall be in the like proportions. (Act June 8, 1874, §1, P. L., 277.) § 4772 If Security Entered, Irregularity Shall not Affect Title. Whenever, in pursuance of proceedings in the Orphans' Court, or Court of Common Pleas of any county, any person therein described as a trustee, guardian, executor, administrator or as stand- ing in any other fiduciary relation to the parties interested, shall grant and convey any real or personal estate, in which proceedings security shall be duly entered by him or her, under the order or decree of the court, no irregularity or defect in his or her original appointment, or the absence of any proper qualification in respect thereto, shall affect the title of the grantee or purchaser, or the securities so entered, but the same shall be as valid in all respects as if such irregularity or defect had not existed : Provided, That this act shall not be construed to apply to any adversary action or other judicial proceeding, heretofore commenced or taken, for the recov- ery of property sold under any such order or decree, by reason of such irregularity, or to a:ny action or proceeding now pending. (Act April 28, 1876, §1, P. L., 50.) PRICE ACT. 663 § 4773 Courts May Order Private Sale of Real Estate by Trustees of Religious Societies, etc., to Associations for Cemeteries. Whenever the several courts of this Commonwealth are author- ized by existing laws to decree the sale and conveyance of real estate, and it appears to the court of the proper county, on applica- tion, that such real estate is held by trustees of religious societies, congregations or church organizations, which are desirous of selling and conveying a portion of said real estate to an association or cor- poration for the exclusive purpose of a cemetery or place of sepul- chre for the dead, it shall be lawful for said court to order and decree a private sale of said real estate at such price and upon such terms and conditions as shall he agreed upon by said parties, notice of said application to be given to all parties interested as the court shall direct ; the sale to be approved by the court and the deed acknowl- edged as required by existing laws. (Act March 24, 1877, §1, P. L., 39.) § 4774 If Guardian, Trustee, etc., Die Before Execu- ting Deed, Court May Order its Clerk to Convey. Whenever any Orphans' Court or Court of Common Pleas having authority under existing laws to decree a sale of real estate shall issue an order to any executor, administrator, guardian, or trustee, either specially appointed for the purpose or otherwise, to sell such real estate, and shall confirm such sale, and such admin- istrator, executor, guardian or trustee shall die before the execution of a deed to such purchaser, the proper court shall have power, on the petition of the purchaser, to direct the Clerk of such court to execute and deliver to the purchaser the necessary deed of convey- ance for such real estate, on his full compliance with the terms and conditions of sale, paying into court the moneys payable, and delivering to the Clerk the securities required by the said terms and conditions, which moneys and securities shall remain subject to the disposition of the court ; and said deed shall be valid and available to such purchaser as fully as if it had been executed and delivered by the proper administrator, executor^ guardian or trustee under existing laws. (Act May 22, 1878, §1, P. L., 83.) 664 PRICE ACT. §4775 Court May Order Clerk to Execute Deed Where Trustee Purchases by Leave at His Ovtrn Sale. Whenever any Orphans' Court or Court of Common Pleas, having jurisdiction to decree a sale of real estate, shall issue its order to any administrator, guardian, executor or trustee, specially appointed for the purpose or otherwise, to sell such real estate, and shall, in any case within its jurisdiction, give authority to any administrator, executor, guardian or trustee to bid at such sale, and said court shall confirm the sale of said real estate to such adminis- trator, executor, guardian or trustee, the said court may make an order directing its Clerk to execute a deed for said real estate to such purchaser, who shall account for the amount of such pur- chase money, in the settlement of his accounts with the Register of Wills, to said Orphans' Court, or Court of Common Pleas, as the case may be. ylbid, §2.) § 4776 Clerks' Deeds Executed Before 1878 Validated. Whenever any Orphans' Court or Court of Common Pleas shall have heretofore made an order for its Clerk to execute a deed, in any of the cases mentioned and provided for in'the first and second sections of this act, and such deed shall have been accordingly executed and delivered, such deed shall be valid and available to the purchaser to vest in him the right, title and interest of the per- son as whose land the said real estate had been sold. (^Ibid, §3.) §4777 Grantee Not Personally Liable for Ground Rent, Mortgage, etc , Unless He Expressly Assume, etc. Grantees of real estate which is subject to ground rent, or bound by mortgage or other incumbrance, shall not be personally liable for the payment of such ground rent, mortgage or other incumbrance, unless he shall, by an agreement in writing, have expressly assumed a personal liability therefor, or there shall be express words in the deed of conveyance, stating that the grant is made on condition of the grantee assuming such personal liability : Provided, That the use of the words " under and subject to the "payment of such ground rent, mortgage or other incumbrance," shall not alone be so construed as to make such grantee personally liable as aforesaid. (Act June 12, 1878, §1, P. L., 205.) PRICE ACT. 665 §4778 Extent of Grantee's Personal Liability Under Preceding Section. The right to enforce such personal liability shall not inure to any person other than the person with whom such an agreement is made, nor shall such personal liability continue, after the said grantee has bona fide parted with the incumbered property, unless he shall have expressly assumed such continuing liability. (^Ibid, §2 . ) §4779 The History of the Act of 1853 is clearly stated by its author, the Hon. Eli K. Price, in his valuable work, " Price on Real Estate." Under resolution of the Legislature, May 4, 1852 (P. L., 638), the Governor appointed three Commissioners to revise our laws inter alia as to the sale of real estate by trus- tees. Though not one of the Commissioners, Mr. Price was requested to draft this act. In doing so, over one thousand statutes were considered. The report accompanying the bill says : In conclusion, we may say that there is nothing dangerous in this bill to vested rights, or the security of property. It takes away no person's rights, but converts that which is dead and unpro- ductive into productive estates, and thus to make property subserve the purpose intended, in the maintenance and comfort of its owners, or those who should enjoy its fruits and products. There is nothing authorized by this bill that has not been repeatedly author- ized by the Legislature, and in every line we have followed estab- lished precedents. The practitioner may, perhaps, be assisted by the following : §4780 Analysis of the Act of 1853, and the Supple- ments. I . The division of jurisdiction between the two courts. In the cases hereinafter named, the Orphans' Court has jurisdiction where the property has been acquired by descent or last will. 666 PRICE ACT. Where the property has been devised partly by deed and partly by descent or will, either court may make a sale or lease. In other cases the application must be to the Common Pleas. The county must be that in which the lands lie. Jurisdiction When Title Partly by Descent and Partly by Deed. In Reed YS. Palmer, 53 Pa. St., 379 (1866), it was contended that the Orphans' Court and not the Com- mon Pleas, had jurisdiction because the minor's estate came to her by descent. The title to the land origi- nally in Avery was conveyed to Shinn in trust for Avery for life ; after his death, the net proceeds to Rebecca Palmer, until death of Martha Avery, then Shinn was to convey to Rebecca Palmer in fee. Avery, by his will, directed his executors to do all .things necessary to carry out these trusts. After death of Avery and of Rebecca Palmer, Shinn, with consent of the executors, conveyed to Rebecca's daughter, Mary. Her guardian petitioned the Court of Common Pleas for leave to make a private sale under Act of April 18, 1853. This was granted. The purchaser raised an objection to the jurisdiction. It was held, that when, Shinn conveyed "to Mary after the death of her " mother, the case had occurred of an estate derived "partly by descent and partly by deed, and this gave " either court jurisdiction, that which first attached "becoming exclusive." " The objection that Shinn had conveyed before "the death of Mrs. Avery is one that Mrs. Avery " might perhaps have urged ; but it does not lie in the " mouth of the purchaser to urge it. * * * It is " cured by the death of Mrs. Avery since." PRICE ACT. 667 It will be observed that this decision was after the Act of April 27, 1855. At first (Act April 18, 1853), the jurisdiction of the Orphans' Court attached only where the real estate had been "acquired by descent "or last will." But by the Act of April 27, 1855, either court has jurisdiction when the estate has been "derived partly by deed and partly by descent or " will." 2. The decree atithorized is for sale, mortgaging, leasing or conveying upon ground rent. In what cases the decree can be made. It must be for the advantage of all parties in interest ; without injury or prejudice to any trust or charity for which the property is held or violation of any law exempting it from sale. The real estate must be held for or owned by: {a) minors, lunatics or habitual drunkards so duly found ; {p) for the sole and separate use of married women ; {c) for religious, beneficial or charitable socie- ties or associations corporated or unincorporated ; {d') for or by any other corporation ; {e) by trustees, public or private, although there be a power of sale, the time for its exercise not having arrived or having expired, no preliminary act having been done to bring it into exercise, or some party whose consent is necessary is non compos, absent, dead or refuses to act ; (y) when there is a defect of power in the will or deed; iyg) when the owner can be presumed dead; {K) when the owner has a lunatic wife or she is a minor ; (?) when a woman is owner and her husband has abandoned her for two years or been unheard from for seven years; (/) when a deceased owner contracted to sell by parol and it is not desired to plead the statute ; {k) when the estate of a decedent is subject to hen of debts not of record; (/) cases of entails, contingent remainders and executory 668 PRICE ACT. devises; {m) partition where division cannot be made without prejudice; {n) where real estate has been pur- chased or any ground rent reserved and held by any person acting in a trust or fiduciary capacity; {o) whether the ownership be in severalty, joint tenancy, coparcenary or common ; {p) all devises and grants in trust, or for special or limited purposes, or where any party interested is under legal disability. The last clause would seem to embrace some of its predecessors. The following decisions may be examined under the first and second sections of the act : § 4781 Decisions as to When the Court Will Act. When there are debts not of record, when per- sonal assets are insufficient, sale may be decreed. Hower's Appeal, 55 Pa. St., 337 (1867). Even where there is a devise over after a fee. GrenawaW s Appeal, 37 Pa. St., 95 (i860). A sale may be decreed of real estate owned by a church, although there be a restraint in the charter against alienation. Burton's Appeal, 57 Pa. St., 213 (1868). "The Act of April 18, 1853, is a remedial statute " and is to be benignly expounded. The right to "decree a private sale does not depend at all upon "the existence of other undivided interests and the " exhibition in the appHcation of a willingness on part " of other parties interested to take a given sum." Thompson, J. Gilmore vs. Rodgers, 41 Pa. St., 128 (1861). In this case, it was contended that the Orphans' Court had no power to decree a private sale; that the act only authorized sales of undivided interests where the others joined in the conveyance. That here the PRICE ACT. 669 guardian had made a clear mistake in saying his wards owned one-half when they really owned five- sevenths, etc. But the Supreme Court held that a valid title passed. Read, J., dissented. The sale of a minor's real estate will be ordered, although in the event of his death during minority the proceeds would go to parties other than those to whom the land would have descended. Drayton s Estate, 6 Phila., 157 (1866). Where a guardian sold at private sale the interest of a minor in a decedent's estate, the court directed the proceeds to be paid to the decedent's executor for the purpose of paying debts due by such decedent. Yard's Estate, 15 W. N., 422 (1884). A life estate held in trust may be decreed to be mortgaged. Ex parte Car swell, i Phila., 521 (1854). A testamentary trustee sold at private sale certain land which was subject to a mortgage made during the life of the decedent, and two judgments against bene- ficiaries after the decedent's death. Certain contin- gent remainders were created by the will. Neither the order of sale nor the sale itself provided for the liens. Held, That the sale was enforceable ; the con- tingent remainders could be secured under §6 of the Price Act, and the purchaser could be protected by proper orders of the court as to the liens. Moor head vs.Wolff, 123 Pa. St., 365 (1889.) Where the owners of real estate of which the for- mer owner has not been dead five years, apply to mortgage the same, it is only necessary to show the court that the proposed mortgage will benefit the owners and that adequate security will be entered for the protection of possible creditors. Orwigs Estate, 46 Leg. Int., 99 (1889). 670 PRICE ACT. Penrose, J.: " The Act of 1853, as has often been "said, is a remedial statute, and is to be benignly "construed." §4782 Decisions as to When Court W^ill Not Act. If the title be disputed. Howers Appeal 55 Pa. St., 337 (1867). Title cannot thus be settled. Ex parte Brides- bur g Land Co., 7 Phila., 436 (1870). When a guardian petitions for sale of a ;ninor's undivided interest, the parties sui juris should unite with him ; if there be debts due by the deceased under whom the minor claims, the representatives of the deceased should be made parties. Pierce s Estate, 3 Brews., 254 (1869). A sale of trust property will not be decreed to the cestui que trust, unless for excellent reasons. Ex parte Sharpe, 6 Phila., 153 (1866). The decree is not of right. The first section expressly puts the responsibility upon the court. They are to "be of opinion that it is for the inter- " est and advantage of those interested therein that the " same should be sold." In VanDusen's Estate, 29 W. N., 573 (1892), the testator had been dead for more than twelve years ; the lien of his debts had expired ; his will created no trust ; there were no contingent remainders or exec- utory devises ; the owners were of full age, under no disability and the interests of all had vested. Held, That under the facts the Orphans' Court could not decree the sale of real estate, although it appeared that the sale would be for the interest and advantage of all interested. PRICE ACT. 671 Under the Price Act, the Orphans' Court cannot order a decedent's land to be mortgaged or sold for the payment of debts. Spencer vs. yennings, 1 14 Pa. St., 618 (1886). An order for the sale of a minor's real estate need not be made, under the Price Act, by the court having jurisdiction of the guardian's account. Mor- rison vs. Nellis, 115 Pa. St., 41 (1886). Where the jurisdiction of the court attaches, as against all persons made parties, the title of the pur- chaser is unaffected by an error in the proceedings. Whether such sale is for the interest of the minor is a question concluded by the decree of the Orphans' Court. The Supreme Court will not make such investigation. [Ibid.) A. petitioned the Orphans' Court, and falsely alleging her previous appointment as guardian of certain minors, obtained an order to mortgage their real estate. Held, That such order was invalid and could be impeached in a suit to cancel and satisfy the mortgage. Grier's Appeal, loi Pa. St., 412 (1882). §4783 Who Should be Made Parties. All having a present interest must be parties. Smith vs.Townsend, 32 Pa. St., 434(1859). If the notices required be not given, no title passes. Taylor vs. Hoyt, 15 Atlan. Rep., 892 (1888). Parties sui juris should unite in a guardian's peti- tion, and the representatives of a decedent should be made parties, where there are debts due by such dece- dent under whom the minor claims. Pierce's Estate, 3 Brews., 254 (1869). The petitioner must be a "trustee, guardian, com- " mittee or person interested." If all parties do not voluntarily appear as petitioners or as respondents, a 6/2 PRICE ACT. citation must be served on all having any interest, present or expectant. Service may be made in any of the United States or the Territories. Affidavit must be made of the service before a Judge or Justice. Guardians may be served for their wards, and must be appointed for minors without wards. Committees must also be served. Husbands must be served, except those who have abandoned their wives two years or have been absent and unheard from seven years. If the husband of any party cannot be served for these reasons, the petition should so aver or it should be made so to appear in an affidavit. Everything — however small — necessary to give juris- diction and to show regularity, must appear upon the record. If a guardian be required, the plaintiffs should present a separate petition referring to the first and showing the necessity of having a guardian appointed. Guides for this may be found in the chapter on Guar- dian and Ward. Notice of this application must be given to the ward and to the next of kin. The peti- tioner cannot expect the court to act without proper application. Graham's Estate, 14 W. N., 31 (1883). Security must be entered by the guardian as the court may direct. §4784 The Petition. It cannot be too often repeated that before draft- ing any pleading, the facts should be carefully written down. In this proceeding title passes, it may be, to a valuable estate, — certainly of value to the parties. The names, dates, references to deeds, wills, full description of the property, etc., are all necessary. PRICE ACT. 673 Ascertain who will petition, who will appear as respond- ents, who are to be served, etc. In drafting the peti- tion, set out the facts historically and clearly. Be very sure to show that the court , has jurisdiction. Quote the act and bring your case within its words. If the petition be presented with the object of defeating a contingent remainder, set forth such pur- pose, as required by §5 of the act. Westhafer vs. Koons, 144 Pa. St., 26 (1891). A petition under the Price Act should contain a description of the land and a copy of the will, and should show the petitioner's interest. Heffners Appeal, 119 Pa. St., 462 (1888). In Lambrechf s Estate, 22 W. N., 24 (1888), Hanna, p. J., stated the requisites of a petition to sell at private sale under the Price Act, and held that the petition before the court was defective in the following respects : "(i) It does not have a copy of the will annexed. "(2) It need not describe all the real estate. That "applies to a petition for a pubHc sale to pay debts. " Only the real estate proposed to be sold should be "described. "(3) There should be a separate petition for each " property proposed to be sold. They should not be " combined in one petition. Each petition stands " alone, and if granted is in the line of title to the indi- "vidual purchaser. This appHes only where the pur- " chasers are different, as in this case ; of course, if the " person buys two properties, or all, it is proper to "have one petition. 674 PRICE ACT. / "(4) The petition should state there are debts not " of record, and annex a list of them, if known, but "should not state, as here, 'that the personal estate " ' is insufficient to pay them.' Nor should any copy " of inventory be annexed, nor list of debts, except " those not of record, as referred to in the petition. "(5) A petition under the Act of 1853 should be " carefully drawn. And this petition does not give any " reason for the sale of either of the properties, nor " why it will be for the interest and advantage of the " parties interested that they should be sold." A petition to sell a minor's real estate should show from whom the minor's tide was derived. In cases where the guardian derives his power solely from courts of another State, and the ward is also a non-resident, the petition should have attached a certificate that security has been given by the guardian in such other State in double the property's value. It should also appear that the laws of that State allow a like privilege to citizens of this State. Goldsmith! s Estate, 2,7 Leg- Int., 465 (1880). The Philadelphia Court Rule is as follows : Petitions for the sale of real estate in other cases shall set forth all necessary facts, with names of parties in interest (stating such as are married women, minors or lunatics, with the name of husbands, guardians or committees) * * * and shall be accompanied by the certificate of the Board of Revision of Taxes, of the valuation of the real estate asked to be sold and by affidavits of competent per- sons acquainted with the value of real estate in the particular local- ity. Where the value of the interest asked to be sold exceeds one thousand dollars, the petition may be referred by the court to a competent person to examine it and report upon the propriety of granting the same. Remembering that facts always vary, the follow- ing may serve as a guide: PRICE ACT. 675 § 4785 Form of Petition by Guardian for Sale Under the Price Act. To the Honorable, the Judges of the Orphans' Court for the County of The petition of , guardian of minor children of , deceased, respectfully represents : That , late of , died intestate on or about , seised in fee of the following described messuage and tract of land, to wit : That the said left and further, your petitioner sets forth that he was duly appointed guardian of the real estate of the said minors hereinbefore named, by your honorable court, and gave security for the proper discharge of his duties as such accord- ing to law, and has acted and still does act as guardian of the estates of said children. That said messuage and tract of land pro- duces an annual rent , and is free from all incumbrances, trusts and charities, and is the property of all the said as heirs-at-law and next of kin of said , deceased, according to their respective interests therein under the intestate laws of this State. And your petitioner further represents that the whole of said tract of land is about of the value of , according to the best estimate he is able to put upon the same, and that the sale of the estate of said minors, to wit, would be to their interest and advantage ; as the rents, issues and profits thereof do not amount to as much as the interest of the proceeds of the sale of their estates in said land at a fair valuation would amount to. He further rep- resents that is willing to purchase all the estate, right, title, interest, property, claim and demand, of them the said minor children of , of, in, to, and out of the said messuage or tract of land, at the sum of , paj'able as follows : , the deed to be made at the time of the first payment, and the other pay- ments to be secured by bond and mortgage on the premises ; which sale the said minors and are desirous should be made, as per their letter to your petitioner hereto attached. And which price in the opinion of your petitioner is more than can be obtained under public sale. Your petitioner, therefore, prays your Honorable Court to approve of and decree a private sale of the estate, right, title, interest and claim of said minors, children of , of, in, to, and out of the said messuage and tract of land, upon such terms and rates as shall be approved of by your Honorable Court, 676 PRICE ACT. upon your petitioner giving such security as your Honorable Court shall approve, according to the Acts of Assembly in such case made and provided. And your petitioner will ever pray. Affidavit. Attach certificate of Board of Revision of Taxes of assessed valuation of real estate to be sold and the affidavits of others supporting the petition. Sometimes the petition is referred to an examiner. Form of Reference to Examiner. And now this petition is referred to , Esq., as examiner to take proofs and report to the court as to the propri- ety of granting the decree prayed for. (Initials of Judge. ) Proceedings Before Examiner. The examiner fixes a day agreeable to counsel, notifies all parties in interest, takes the depositions, reports to the court all the proofs, his opinion, form of decree, and attaches copy of the notice of meeting and proof of its service. The Bond of Petitioner should be filed, executed by the petitioner with approved security in double the amount, conditioned for the faithful performance by the guardian of his duties in the matter of the sale of the real estate and the proceeds arising therefrom belonging to said minors, etc. (§§3 and 4 of the Act.) Although, as herein- after stated, this bond may be filed at any time before confirmation, and although the omission to file any bond may not affect the purchaser's title, still it is recommended that all purchasers see that the law is complied with. A purchaser at a private sale may suffer by neglect of this suggestion. PRICE ACT. 677 Rights of Defendants. It is hardly necessary to observe that any person interested has the right to file a demurrer and argue that the petition does not make out a proper case, or an answer, as in other cases. FORM OF DECREE FOR PRIVATE SALE OF MINOR'S ESTATE. And now, to wit, , the foregoing petition being pre- sented in open court, and the said court having duly given the said petition and matters therein contained a full and careful investiga- tion, and the court being of opinion that it is for the interest and advantage of the parties interested, that their right, title and interest in said land should be sold, and that said sale may be made without injury or prejudice to any trust or charity, or any purpose for which the said lands are held ; and that said sale may be made without violating any law which may confer any immunity or exemption from sale or alienation ; and the court being further of opinion, that, under the circumstances in the case, a better price can be obtained at private sale than at public sale, and said having given security for the faithful performance of his duties as guardian in the matter of said sale, and the proceeds arising therefrom, which said security has been approved by the court, said court do now approve and decree a private sale of the estate, right, title, interest, property, claim and. demand of the said minor children of , deceased, to wit : of, in, to and out of the said messuage and tract of land, upon the following terms and rates, that is to say, for the sum of , payable in cash, and the balance in , with interest, the deed to be made, executed and delivered by the said , at the time of the payment of the said cash, and the balance of the payments to be secured by bond and mortgage on the premises. (Initials or signature of Judge.) §4786 Form of Petition of Guardian to Confirm Sale, To the Honorable , the Judges of the Orphans' Court, of Cotinty. , guardian of , minor children of , deceased, respectfully showeth : That in pursuance of the order of your Honorable Court, made at of term 678 PRICE ACT. he did (date), sell the estate and interest of the said minors in the tract of land and messuage, situate m township, county, and State of containing , of which the said , deceased, was seised at the time of his death, as the same is fully described in said order unto , for the sum of , payable as follows, to wit : in cash, and the balance in with interest. He, therefore, prays your Honorable Court to ratify, approve and con- firm said sale, and to permit him to acknowledge a deed to said for the same in open court, and decree that he deliver said deed on receipt of the purchase money and securities. And he will ever pray, etc. (Signature and affidavit of petitioner. ) FORM OF DECREE CONFIRMING SALE. And now, to wit : the court ratify and confirm the sale made by guardian, to , as yvithin reported, and direct him to acknowledge in open court, a deed for the same, and deliver said deed upon his receiving the purchase money and said securities. (Initials or signature of judge.) §4787 Form of Conclusion of Petition for Sale in Cases of Contingent Remainders, etc. In cases, of this kind, Mr. Price ( Price on Real Estate, p. 100) gives the following valuable recom- mendations : The prayer of the petition should conclude that the pur- chaser may take a title in fee simple, indefeasible by any person or persons having a present or expectant interest in the premises ; and that the purchase money shall, in all respects, be substituted there- for, and be applied to the uses of the same persons, for the same estate and interest, as the real estate sold had been held, except that tenant in tail should take the price after discharging liens. This prayer should be made to guard against any inference that the pro- ceeds are to become absolute in the hands of the particular tenant, as upon the destruction of a contingent remainder by common recovery, the fee enures to him unless a deed to lead the uses of the recovery express another purpose. This will also remove all appre- hensions from the beneficiaries that the pi rchase moneys will be PRICE ACT. 679 diverted from subserving the same limitations that had before bound the realty sold ; and will assure them that the security required to be entered shall stand for their benefit and security, and the pur- chase moneys be paid to them as required by the limitations. § 4788 Sales— Security— Title of Purchaser. The security need not be given before the decree is made. It is sufficient if given before confirmation. Thorns Appeal, 35 Pa. St., 47 (i860); Grenawalt's Appeal, I'] Ibid, 95 (i860) ; Brook's Estate, 3 Phila., 516 (1859). The right of a cestid que trust in the proceeds is not affected by the sale. Hepburn s Appeal, 65 Pa. St., 468 (1870). Title is not divested until delivery of the deed. Overdeer YS. Updegraff, 69 Pa. St., no (1871). Before confirmation, the decree may be opened and a better offer accepted. Brown! s Appeal, 68 Pa. St., 53(1871). _ Confirmation makes good title, if the court have jurisdiction. Smyth vs. Neill, i W. N., 43 (1874) ; Gilmore V?,. Rodger s, 41 Pa. St., 128 (1861). A sale of land, the owner having been absent for seven years, without giving him notice, personal or by publication, as required by the act, passes no title. Taylor vs. Hoyt, 15 Atl. Rep., 892 (1888). Confirmation is a matter for sound discretion of the court below ; generally not reviewable. Freys Appeal, 8 Atl. Rep., 585 (1887). In the absence of fraud, the Orphans' Court will not open a decree confirming a sale of real estate after ten years have elapsed, upon the petition of one setting forth he was a minor at the time of the proceedings, and had a contingent interest but no notice. Grind- rod's Estate, 140 Pa. St., 161 (1891). 68o PRICE ACT. § 4789 Effect of Omission to Enter Security. The omission of the trustee selling to enter secur- ity does not effect the title of the purchaser. " Pur- " chasers at Orphans' Court sales are no more respon- " sible for a proper application of the purchase money "than purchasers at any other judicial sale." Dixcy vs. Laning, 49 Pa. St., 143 (1865). The sale in this case was not a private sale. Mr. Price is of opinion that the security might by entered afterwards nunc pro tunc (Price on Real Estate, 139), and that no security should be required where the trustee invests in irredeemable ground rents, the trust appearing in the title deed taken, or where the deed expresses that the purchase is upon condition that the trustee should not sell or extinguish without giving security. {Ibid, 143.) Agreement between two lien creditors that one of them shall not bid is void. Barton vs. Benson, 126 Pa. St., 431 (1889) ; unless known and assented to by the defendant and all the lien creditors. Moffet vs. Ijams, 103 Pa. St., 266 (1883). § 4790 Effect Upon Mortgages, of Sale. The Act of March 23, 1867 (P. L., 44), expressly protects the lien of mortgages from being discharged " by any judicial or other sale whatsoever, whether " * * * by virtue or authority of any decree of any " Orphans' or other court, or of any writ of execution, "or otherwise, howsoever." This act applies only to Philadelphia, Allegheny, Berks, Schuylkill, Perry and Venango. PRICE ACT. 68 I If a sale should be made without notice of the mortgage, injustice would be done to the purchaser, and he could move to set the sale aside. In Philadelphia, security that ten per cent, more will be offered is frequently accepted. , The bidder at the first sale should be reimbursed his expenses, if any. See chapter Sales of Real Estate. §4791 Appeals. The right of appeal is secured by the eighth sec- tion of the act above cited. It should be duly entered and notice thereof served on the vendee, mortgagee or lessee, within twenty days after the decree, other- wise a reversal will not affect the title. The appeal is to be entered and prosecuted as in other cases of appeals from decrees of the Orphans' Court. (See chapter on Appeals to the Supreme Court, Brews. Prac, Vol. II.) The acknowledgment and record of deeds, the death of an executor or trustee before deed made, and other matters, are provided for in the sections of the statutes already quoted. CHAPTER XV. PARTITION IN THE ORPHANS' COURT. The definition of partition and the methods of pro- cedure have been briefly referred to in the chapter on Partition by Action at Law (Brews. Prac. Vol. II). The object of the present chapter is to outline the petition for partition, filed in the Orphans' Court, and the proceedings thereon. Jurisdiction in Partition. §4792 Orphans' Court Shall Have Power to Award Inquest in Partition on Application of Widow or Lineal Descendant. The Orphan's Court of the county where the real estate of a decedent is situate, shall have power, on the application of the widow or any lineal descendant of the decedent having an interest in such real estate, if of full age, or if under age, on the applica- tion of his guardian, to appoint seven or more disinterested persons, chosen on behalf and with consent of the parties, or when the parties cannot so agree, to award an inquest, to make partition of the real estate of such decedent, and upon the return made by the persons so appointed, or of the inquisition taken, to give judgment that the partition thereby made, be firm and stable for ever, and that the costs thereof be paid by the parties concerned. (Act March 29, 1832, §36, P. L., 201). PARTITION. 683 Instead of a Sheriff's inquisition, three or more commissioners may be appointed by the court. (Act April 27, 1855, §4, P. L., 369; Brews. Prac, Vol. II, §1948). The Act of May i, 1879, §1 (P. L., 40), provides that the inquisition shall consist of six men. Brews. Prac, Vol. II, §1958. §4793 Widow May Have Partition — May be Made Between Her and the Only Heir, or His Alienee, or a Child if Estate Not Prejudiced. Since the Act of March 29, 1832, the widow has a right to have partition in the Orphans' Court. Brown s Appeal, 84 Pa. St., 457 (1877) ; Barclay vs. Kerr, no Pa. St., 130(1885). Partition may be had between the widow and the only heir of an intestate, or between her and the heir's alienee. Steel's Appeal, 85 Pa. St., 222 (1878); or between her and a child if it can be done without prejudice to the estate. Bishop's Appeal, 7 W. & S., 251 (1844). § 4794 Widow of a Deceased Remainder-Man May Have Partition of the Original Estate. Real estate was devised to a wife for life, and after her death to the testator's five children in fee. After the testator's death, one of his sons died intestate, leaving a widow, but no children. The testator's widow afterwards died. Held, That the son's widow, under the Act of March 29, 1832, had a right to partition of the original estate. Cole's Appeal, 79 Pa. St., 235 (1875). 684 PARTITION, § 4795 Jurisdiction in Partition Conferred Upon thi Orphans' Court by the Act of 1836. The jurisdiction of the several Orphans' Courts shall extend ti and embrace — ***** V. The partition of the real estates of intestates among th heirs. * * * (Act June 16, 1836, §19, P. L., 792,) § 4796 Act of 1832 Does Not Vest in the Orphans Court Exclusive Jurisdiction in Partition o Estates of Intestates. Nothing contained in the act, entitled " An act relating ti "Orphans' Courts," passed on the twenty-ninth day of March 1832, shall be construed to give to the Orphans' Courts of thi Commonwealth exclusive jurisdiction in the partition and valuatioi of the real estate of intestates, or to prevent any of the partie interested in such real estates from proceeding by action of parti tion in the other courts of this Commonwealth, which have juris diction of the action of partition. (Act April 21, 1846, §1, F L., 426.) § 4797 Jurisdiction Conferred in Cases of Testacy Where Parties Minors, or Course of Descen Not Changed. The jurisdictions of the several Orphans' Courts of this Com monwealth, in the partition and valuation of the real estates of dece dents, shall extend to all cases of testacy, wherein the partie interested or any of them are minors, or the course of descent i not altered by the provisions of the last will and testament of th decedent ; and the same proceedings shall be had thereon as i cases of intestacy, subject always, however, to the provisions of th said last will and testament, and the true intent and meaning of th testator : Provided, hmjuever, That nothing in this section containe shall be construed to prevent any of the parties interested in th said real estate from proceeding by action of partition, as heretc fore. (Act April 13, 1840, §4, P. L., 320.) PARTITION. 685 § 4798 Statute Inapplicable Where Estate Given Executors to Sell. Under the Act of 1840, the Orphans' Court may- entertain proceedings for partition of estates held jointly or in common created by will, if the parties or any of them are minors. Where the estate is given to executors to be sold, the statute does not apply. Selfridges Appeal, 9 W. & S., 55 (1845). § 4799 Jurisdiction Vests Where Land Devised to Two or More Children, Although in Unequal Parts. The Jurisdiction of the several Orphans' Courts of this Com- monwealth, in the partition and valuation of the real estates of decedents, shall extend to all cases of testacy wherein the whole or part of the real estate of the decedent may be devised to two or more children ; and when such real estate is devised to two or more children, to be held and enjoyed in unequal proportions, the said court shall decree such an appropriation of the moneys arising therefrom as will best effectuate the intentions of the testa- tor ; and in all such cases in which proceedings in partition may have been had or commenced, the same shall be deemed and taken to be as regular and valid as if this act had been passed previous to the commencement of such proceedings. (Act April 10, 1849, §10, P. L., 596.) § 4800 Jurisdiction in Case of Birth of Child After Date of Will. In Cowans Appeal, 74 Pa. St., 329 (1873), it was held that under the Acts of April 3, 1840, and April 10, 1849, the Orphans' Court had jurisdiction in parti- tion where a testator devised land to all his children, one of whom was born after the date of the will, and all of whom were minors at the time of the testator's death. 686 PARTITION. §4801 Jurisdiction in Cases of Testacy— Former Pro- ceedings Validated. The jurisdiction of the several Orphans' Courts of this Com- monwealth, in the partition and valuation of the real estates of decedents, shall extend to all cases of testacy, without respect to the minority of the parties, their relationship to the testator, or the fact of a widow's election not to take under the will, and the proceedings in such cases shall be in the same manner and with like force and effect as is now provided by law in the partition of the real estate of persons dying intestate. (Act May 9, 1889, P. L., 146.) That all valuations and partitions of real estate in cases of tes- tacy made in any Orphans' Court of this Commonwealth, before the act of ninth of May, one thousand eight hundred and eighty-nine, entitled " An act to enlarge the jurisdiction of the Orphans' Courts " in cases of testacy^," shall be valid and of the same effect as if the proceedings under which said valuations and partitions were made, had been commenced and instituted prior (subsequent) to the passage of said act of ninth of May, one thousand eight hun- dred and eighty-nine : Provided, hdwever. That this act shall not affect any judicial decrees heretofore made or apply to pending liti- gation. (Act June 16, 1893, P. L., 464.) § 4802 Where Course of Descent Altered, no Juris- diction Prior to Act of 1889. Where a testatrix devised real estate to six of eight brothers and sisters, it was held that under the Act of April 13, 1840, the Orphans' Court had no jurisdiction, the course of descent having been altered by the will. Vowinckel vs. Patterson, 114 Pa. St., 21 (1886). But since the passage of the Act of May 9, 1889, the question of the course of descent is no longer material, for by that z.z\. jurisdiction is conferred in all cases of testacy. PARTITION. 687 § 4803 Jurisdiction Extended to Partition of Undivided Interest Held by a Decedent with Others. The jurisdiction of the several Orphans' Courts of this Com- monwealth in the partition and valuation of real estate, shall extend to any undivided interest, in fee simple, in any lands or tenements of which any person has died or shall hereafter die seised or pos- sessed, as tenant in common or joint owner with any other person or persons, as fully as if such decedent were solely seised or pos- sessed thereof at the time of his or her death ; and the inquest, or seven men appointed to value and divide such decedent's real estate, shall value and return such interest, undivided, in all cases : and if such decedent had other real estate, such interest shall be valued and returned, either by itself, or in connection with some other portion of such decedent's real estate, valued as one of the purparts or shares into which they shall divide the whole real estate ; and upon the return thereof, the proceedings shall be as in other cases. (Act March 13, 1847, §1, P. L., 319.) Prior to the passage of this act it had been decided : (i) That an estate held by the father in common was not partable among the children before it was sepa- rated from the estate of the co-tenant, either by the act of the parties or by an action at law. Feather vs. Strohoecker, 3 P. & W., 505 (1832). (2) That the widow of an intestate, who was a tenant in common, could not maintain an action of partition in the Orphans' Court. That the Orphans' Court could only award an inquest wjien the tenant was sole seised. Brown vs. Adams, 2 Wharton, 188 (1836) ; and (3) That even with the other tenant's consent, the Orphans' Court could not make partition of an estate held by the intestate and such other tenant in common. Romigs Appeal, 8 Watts, 415 (1839). 688 PARTITION. § 4804 Former Partitions Confirmed— Undivided In- terests From Different Ancestors May be Parted in One Proceeding in Orphans' Court. Partitions made before the date of the act to which this is a sup- plement, in the Orphans' Courts, and sales under proceedings in partition in said courts, within the purpose and purview of said act, and whether of one or several undivided interests derived from different ancestors, acted upon together by said courts are hereby confirmed ; and hereafter several undivided interests in any prem- ises, derived from different ancestors, by descent or devise, may be parted in one proceeding in the Orphans' Court. (Act February 26, 1869, §1, P. L., 4.) Prior to this act it had been held that the Orphans' Court could not decree a partition, in one proceeding, of two estates, held in common by the same parties, who were the heirs of two different persons.- Snyder's Appeal, 36 Pa. St., 166(1860). §4805 Practice in Partition ^Vhere Land Lies in Different Counties. When the lands, in respect to which application for partition shall be made to the Orphans' Court as aforesaid, lie in one or more adjoining tracts, in different counties, it shall be lawful for the Orphans' Court of the county in which the principal mansion is situate,, or if there be no mansion or building on the lands then the court of the county in which the greatest part of the land lies, on the application of any person interested, either to proceed by the appointment of seven or more men agreed on by the parties, or to issue their writ to the Sheriff of the county within the jurisdiction of the court, specifying the lands of which a partition or valuation is to be made, and thereupon the said Sheriff shall summon an inquest to divide or value the said lands, in the same manner as if the whole were within his proper bailiwick, and upon the return thereof, or upon the return of the seven or more men appointed by consent as aforesaid, the court may further proceed therein, in all respects as if all the said lands were in the proper county, and any recognisance taken in pursuance of such proceedings shall be as effectual, to all intents PARTITION. 689 and purposes, as if the lands bound by it were wholly within the county, where such recognisance is taken : Provided, That an exemplification of the proceedings which may be had shall within twenty days after the final decree therein, be delivered to the Clerk of the Orphans' Court of each county in which the application shall not have been made, and in which any part of the said lands are situate, which shall be entered on the records of such court at the joint expense of all parties concerned. (Act March 29, 1832, §44, P. L., 201). See the Acts of February 20, 1854, §1 (P. L., 89); April 17, 1856, §1 (P. L., 386); March 30, 1869, §1 (P. L., 15), and May 14, 1874, §§i, 2, 3 (P. L., 156), cited at length at §§1950-1956, Brews. Prac, Vol. II. § 4806 ^Vhere Petition in Such Cases Should be Pre- sented. The petition should be presented to the Orphans' Court of the county where the decedent had his domi- cile, or where the homestead or greater part in value of his estate is situate. The court may then order the sale of the land as if the same were all embraced within the county where the proceedings were instituted, or may order suits in the different counties. Phillips' Estate, 23 W. N, 518 (1889). § 4807 General Decisions Upon Questions of Juris- diction. The decisions as to jurisdiction, when partition will lie, and when it cannot be maintained, are referred to in the chapter on Partition in the Common Pleas, Brews. Prac, Vol. II. Many of these cases are appli- cable to proceedings in the Orphans' Court. In addition to those authorities, the following may be mentioned : 690 PARTITION. Pending Action at Law. It was decided in Rex vs. Rex, 3 S. & R., 533 (18 1 7), the pendency of an action of partition at com- mon law was no bar to proceedings in the Orphans' Court. But if the jurisdiction of the Orphans' Court first attaches, it is exclusive. Reed vs. Palmer, 53 Pa. St., 381 (1866) ; R. R. Co. vs. Erie, i Grant, 211 (1855). See Taylor vs. Royal Saxan, i Wallace, Jr., C. C. Rep., 311 (1849). Decreed After Lapse of Twenty-six Years. A partition was decreed after the lapse of twenty- six years from the death of decedent, and his descend- ants had been out of possession for seventeen years when the inquest was awarded. Merklein vs. Trapnell, 34 Pa. St., 42 (1859). While Contingent Interests Outstanding. A testator devised land in trust for two daughters for life, remainder to such children as they might leave at their death. One of the daughters died. Held, That the Orphans' Court had jurisdiction in partition upon petition of a son of the deceased daughter. If the land cannot be divided without injury, a sale may be had and the fund held by the trustee until the con- tingent interests of the children of the surviving daugh- ter shall have become vested. Wains Appeal, 4 Pa. St., 502 (1846). May be Had by Lunatic s Committee. The committee of a lunatic may maintain an action of partition. Klohs vs. Reifsnyder, 61 Pa. St., 240 (1869). PARTITION. 691 By Owner of Legacy Charged on Real Estate. The owner of a legacy charged upon real estate may have partition. Cassady s Estate, 9 W. N., 275 (1880). By Alienee of Heir. One who has purchased the interest of an heir is entitled to partition. Stewart's Appeal, 56 Pa. St., 241 (1867). Such purchaser succeeds to the right of election. Thompson vs. Stitt, 56 Pa. St., 157 (1867). By the Owner of the Estates of Minor Children of an Appointee. "The alienee" of minor children whose mother became the owner of land under an appointment by her father, in pursuance of a power conferred upon him by his wife's will, may have partition. Rawle' s Appeal, 119 Pa. St., 100 (1888). No furisdiction where Purpart Held in Severalty. The Orphans' Court has no jurisdiction where a purpart is held by one of the parties in severalty. Small's Appeal {^o. i), 23 W. N., 20 (1888). Where an heir claimed one of the purparts in severalty, it was held that the Orphans' Court could not decree partition. The fact that such heir assented to the proceedings before inquest is not material, if he objected prior to the confirmation of the partition. Eell's Estate, 6 Pa. St., 457 (1847). Where Verdict Against Will, Proceedings were Stayed Until Intestacy Established by Action in Ejectment. A testator devised a tract of land to one of several children who was in possession thereof. The Register's 692 PARTITION. Court directed an issue to try the validity of the will, and a verdict and judgment were given against the will. The contestants applied to the Orphans' Court for partition of the land. Held, That notwithstanding the decision against the will, the Orphans' Court, on the application of the devisee, was compelled to stay proceedings until the petitioners should establish the intestacy of the decedent, by an ejectment against the devisee who had obtained possession of the land. Lewis vs. Pratt, 2 Wharton, 81 (1836). All the Parties Must be Interested in all the Land. The parties to the proceedings must all be inter- ested in all the land to be divided. The partition is void if some of the parties are interested in some part but not in another part of the land. Small's Appeal (No. i), 23 W. N., 20 (1888). Tenant for Life Enjoying Sole and Exclusive Possession Cannot Have Partition. A tenant for life who enjoys the sole and exclusive possession of the land cannot maintain partition against remainder-men having an estate in fee, subject to the life estate. Seiders vs. Giles, 141 Pa. St., 93 (1891). See Rankins Appeal, 95 Pa. St., 358 (1880). § 4808 What is Subject to Partition. All real estate of which the testator or intestate dies seised. (See Brews. Prac, Vol. II., §1979.) Ground rents in case of intestacy go to the heir, are real estate and may be the subject of a partition. Ingersoll vs. Sergeant, i Wharton, 337 (1836) ; Cobb vs. Biddle, 14 Pa. St., 444 (1850). PARTITION. 693 Parties to the Proceedings. §4809 In Partition Proceedings, all Persons Known to be Named in Petition, etc. — If Unknown, Publication to be Made. In the proceedings for the partition and valuation of an intes- tate's real estate, the parties in interest shall be named in the petition, decree and notices, when known, but if it shall appear, on oath or affirmation, that the names or residences of any of the parties are unknown to the applicant for the partition, the Orphans' Court shall have power to direct such notices to be given to such parties by publication in the public newspapers, describing the parties, as far as practicable, as shall appear to the court to be reasonable and proper ; and the proceedings shall be as effectual, to all intents and purposes, as if all the parties had been named in the proceedings. (Act April 14, 183s, §2, P. L., 275.) See §1946, Brews. Prac, Vol. II. (Act of April 25, 1850, §9, to the same efifect.) §4810 Remainder-Men to be Made Parties in Parti- tion — Their Rights, etc. When the decedent leaves no lineal descendants, the like pro- ceedings shall be had in all respects, on the application of the per- sons in whom the estate shall vest in possession : Provided, That if there be a life estate or life estates with remainders over, such remainder-men shall be made parties to the proceedings in parti- tion, and shall have the right to accept or refuse the premises, at any valuation that may be made by seven men, appointed as afore- said, or by an inquest, in the same manner as the lineal descendants of a decedent, such remainder-men being bound by recognizance or other sufficient security, according to the direction of the court, for the payment of the annual interest to the tenant or tenants for life ; and thereupon the court shall give judgment, that the partition so made between them be and remain firm and stable forever, and that the costs thereof be paid by the parties concerned. (Act March 29, 1832, §46, P. L., 201.) 694 PARTITION. I § 481 1 Share of Tenant for Life to Remain Charged on Land. Provided always, That in the case of a sale of real estate, under proceedings in partition in the Orphans' Court, the share of any tenant for life shall not be paid to him or her, but shall remain charged on such or other real estate, according to the directions of such Orphans' Court. (Act February 24, 1834, §46, P. L., 82.) As a general rule, no one can maintain partition who has not an estate which entitles him to immediate possession, whether legal or equitable. Longwell vs. Bentley, 23 Pa. St., 99 (1854). It is sufficient to state briefly that in the Orphans' Court under the Acts of Assembly partition may be brought: (i) In cases of intestacy ; (2) in all cases of testacy, and (3) in cases where title is derived from different ancestors by descent or devise. Therefore any party in interest under these three heads may institute the proceedings in partition. See Brews. Prac, Vol. II, §1962. In cases of testacy, all the parties entitled under the will must be made defendants. In cases of intestacy, all parties entitled under the intestate law should be made defendants' (See Brightly's Purdon, tide " Intestates.") A brief sum- mary may here be of assistance. The real estate of a decedent, whether male or female, shall be divided as follows (Act April 8, 1833, P. L., 316) : (I.) If such intestate leave a widow and issue, the widow is entided to one-third for Hfe. (§1.) If such intestate leave a widow and no issue, but collateral heirs or other kindred, the widow is entitled to one-half for life. {Ibid.) If such intestate shall leave a husband, he is entitled to curtesy, whether there be issue or not. {Ibid.) PARTITION. ' 695 Subject to such dower interest or curtesy the real estate of such intestate shall be distributed among the issue as follows : (a) If such intestate leave children, but no other descendant, being the issue of a deceased child, the estate shall be divided among such children. (§2.) {b) If such intestate leave grandchildren, but no child or other descendant being the issue of a deceased grandchild, the estate shall be divided among the grandchildren. [Ibid.) (c) If such intestate leave descendants in any other, but the same degree of consanguinity, however remote to him, the estate shall be divided among such descendants. {Ibid.) {d) If such intestate leave descendants in different degrees of consanguinity, the more remote being the issue of a deceased child, grandchild or other descend- ant, each child shall receive such share as if all the children of intestate then dead, but leaving issue, had been living at the death of intestate ; or, if there be no children, each grandchild shall receive such share as if all the grandchildren then dead, but leaving issue, had been alive at the death of intestate, and so, in like manner, to the remotest degree. In every case the issue of a deceased child, grandchild or other descendent, take the share their parent would have taken, if living at the death of intestate. [Ibid.) (II.) In default of issue, and subject to the above life estate of the widow or surviving husband, if any, the real estate goes to the father and mother of intes- tate during their joint lives, and the life of the survi- vor of them, or if either be dead, the surviving parent takes a life estate. (§3.) 696 PARTITION. In default of issue, and subject to the life estates of the widow or surviving husband, father and mother, the real estate is divisible among the collateral heirs as follows : (a) If such intestate leave brothers aiid sisters of the whole blood and no nephews and nieces, issue of a deceased brother or sister of the whole blood, the real estate vests in such brothers and sisters. (§4.) ((5) If such intestate leave no brothers or sisters of the whole blood, but nephews and nieces as above, the real estate vests in such nephews and nieces per stirpes. (^Ibid.) if) If such intestate leave brothers and sisters of the whole blood, and nephews and nieces, as above, and their issue, the real estate vests in them ; the nephews and nieces taking the share which their parents would have taken if living at the death of intestate, and the grandnephews and grandnieces shall take the share which such nephews and nieces would have taken if living at the death of the intestate. {Ibid, and Act April 27, 1855, §2, P. L., 368.) (d^ If such intestate leave neither brother nor sister of the wJiole bloody nor nephew or niece, nor grand- nephew or grandniece, the real estate shall vest in the next of kin, descendants of the brothers and sisters of the whole blood. (Act April 8, 1833, §4, P. L., 316 ; Act April 27, 1855, §2, P. L., 368.) (III.) In defatdt of issue, and of brotJiers and sisters of the whole blood and their descefidants, and sub- ject to the estates of the widow or surviving husband, the real estate vests in the mother and father of intes- tate, if both be Hving at the time of his death, or in whichever one is so living. (Act April 8, 1833, §3-) PARTITION. 697 (IV.) In default of issue and brothers and sisters of the whole blood and their descendants, and of father and mother, and subject to the life estates of the widow or surviving husband, the real estate vests in the brothers and sisters of the half blood and their issue, in like manner as provided in the case of brothers and sisters of the whole blood. (§6.) (V.) In default of all the above, the real estate vests in the next of kin, provided that representation amongst collaterals shall not extend beyond the grand- children of brothers and sisters and the children of uncles and aunts, and provided also that no person who is not of the blood of the ancestor from whom the real estate descends shall take an estate of inher- itance. (§§7, 8 and 9, and Act April 27, 1855, §2, P. L., 368.) If such next of kin be a grandparent, and the issue of any deceased grandparent, the law of distribution provides that the children or other descendants of the deceased grandparent shall represent such deceased grandparent and take the share he would have been entitled to if living, and the rules of succession are identical with those set forth where the original intes- tate leaves issue. (Act May 25, 1887, §1, P. L., 261.) (VI.) In default of all known heirs or kindred, the real estate vests in the widow or surviving husband, and in default of heirs and of widow or surviving husband, the real estate vests by escheat in the Com- monwealth. (Act April 8, 1833, §10, P. L., 318, and Ibid, §12.) It may be further observed that the heir at com- mon law cannot take to the exclusion of other heirs and kindred standing in the same degree of consanguinity. (Act April 8, 1833, §11, P. L., 319.) 698 PARTITION. That posthumous relatives inherit as if born in the Hfetime of the intestate. {Ibid, §13.) That adopting- parents inherit from an adopted child as if it were the natural child, to the exclusion of its natural parents, whatever the adopted child shall have inherited from one of the adopting parents or their kindred. -(Act April 13, 1887, P. L., 53.) That an adopted child shall inherit from its adopt- ing parents as if the lawful child and heir-at-law. {Ibid.) That illegitimate children are excluded from the provisions of the Intestate Act (Act April 8, 1833, §17, P. L., 316), except that they may inherit from their mother and from each other. (Act April 27, 1855, §3' P. L., 368, and Act June 5, 1883, §1, P. L., 88). Whenever realty shall descend to and be distrib- uted among several persons, whether lineal or collat- eral heirs or ^kindred standing in the same degree of consanguinity to the intestate, if there shall be only one of such degree, he shall take the whole estate, and if more than one they shall take in equal shares as tenants in common. (Act June 30, 1885, §1, P. L., 251-) § 4812 The Petition. All Parties in Interest to be Named. All parties in interest should be named in the petition, decree and notice. Ragan's Estate, 7 Watts, 438 (183S). Should Aver that no Other Parties Are Interested. The petition should not only set out the names of all parties interested, but should contain a definite averment that there are no other persons interested beside those named in the petition. Danhouse s Estate, PARTITION. 699 130 Pa. St., 256 (1889) ; Fink's Appeal, 47 Leg. Int., 424(1889). §4813 General Directions as to Preparation of Peti- tion. Having satisfied yourself that the Orphans' Court has jurisdiction, and being fully acquainted with all the facts of your case, the first step will be the prepa- ration of the petition. Consult the rules of court and the decisions as to the necessary averments of such petition. It is impossible to give forms that will cover every imaginable case. Where there is a will, the statements contained in the petition will of course differ from those used where the decedent died intes- tate. The following form may be used in a case where there is a will. Many of the averments are applicable to intestacy, and with a little care the form can be moulded to fit any ordinary case. § 4814 Form of Petition for Partition. In the Orphans' Court for the City and County of Phila- delphia. In the matter of the estate of A.S., deceased. To the Honorable, the Judges of the said Court : The petition of J. W. and L. W., his wife, daughter of A. S., late of the County of Philadelphia, respectfully represents : I. That the said A. S. died on or about the . , seised in his demesne as of fee of the following real estate situate in the County of Philadelphia aforesaid, to wit ; (Describe separately the properties of which partition is sought and note at the foot of each description the improvements thereon. ) II. That the said A. S. left a last will dated the , by which he devised the above described real estate to his wife, , for and during the term of her natural life and from and after the death of his said wife said real estate was to be divided equally among the children of said A. S. yoo PARTITION. After the death of the said A. S., the said last will was duly admitted to probate by the Register of Wills for the County of Philadelphia and letters testamentary thereon were granted to , as executors thereof on the . A true copy of said will is hereto attached as part hereof, marked " Exhibit A." III. That said A. S. left surviving him a widow, F. S., and three children, viz.: A. A., intermarried with B. A.; C. D., intermarried with D. D., and one of your petitioners, L. W., inter- married with J. W. The said A. A. died on or about the , unmarried, intestate and without issue. The said C. D. died on or about the , a widow, intestate, leaving a child surviving her, who died on or about (State in detail marriages, births, deaths, wills, etc. Give the names of all the parties, show how their interest was acquired. If any party be a minor, state the age and whether there is a guardian. ) IV. That by virtue of the facts above stated as well as by the provisions of the will of said A. S. and the laws of this Common- wealth, the said are each entitled to an equal part of said real estate, subject to the life estate of said widow. Said parties are all the parties and the only parties in interest in said estate and none of them have parted with their respective interests or any part thereof. That no partition of said real estate has been made, nor can a jury for that purpose be agreed upon by the parties in interest. Your petitioners, therefore, pray your Honorable Court to award a citation to the parties in interest to show cause why an inquest in partition should not be granted as prayed for. And they will ever pray, etc. (Signatures of petitioners.) and , the foregoing petitioners, being duly sworn according to law, depose and say that the facts set forth in the above petition are true and correct to the best of their knowledge and belief. Sworn to and subscribed be- ^ fore me A. D. >■ (Signatures of petitioners. ) 1887. 3 (Attach copy of will.) PARTITION. 701 DECREE. And now , on consideration of the foregoing petition and on motion of , pro petitioner, it is ordered that tlie prayer of the petition be granted and a citation awarded directed to and , to show cause why an inquest to make partition as in said petition prayed for should not be granted, return- able sec. leg. (Signature of Judge.) It was formerly held that the widow and heirs need not be notified before an inquest in partition is awarded. Agnew, J.: "It would be better if the Orphans' " Court would require a rule to show cause to be issued " and served on all the parties in interest before award- "ing- the inquest. Preliminary questions of jurisdic- "tion and, such as relate to the parties, property and "possession could thus be settled before incurring the " expense and costs of the partition." Horam's Estate, 59 Pa. St., 152 (1868). The excellence of the practice above referred to by Judge Agnew commends itself to the careful prac- titioner. The petition should always pray for a citation to show cause. This is now the established and the only safe practice. The Orphans' Court of Philadelphia have adopted the following rule : — Petitions for partition shall conclude with a prayer for a cita- tion to the parties in interest (whose names, and the nature and extent of their respective interests, must be fully set forth in the petition), to show cause why an inquest in partition should not be granted as prayed for. (Rule XI, §1.) 702 PARTITION. §4815 Where the Petition and Writ Inadvertently State that Part of the Land is in Possession of an Adverse Claimant, Such Statement May be Stricken Out After Appeal. The petition and writ for partition contained a statement that part of the land was in possession of an adverse claimant. This was found to be a mistake, and such part was included with the remainder of the land in the partition actually made. None of the parties objected. Held, That such erroneous averment could be stricken out of the petition and writ by amendment, although the record had been removed by appeal to the Supreme Court. Wistar s Appeal, 105 Pa. St., 390, (1884). §4816 General Directions as to Filing Petition. If your petition make out a prima facie case, the court will award the citation. This is served as are ordinary citations from the Orphans' Court. If any of the respondents be minors, service must be made as required by the Act of Assembly of March 29, 1832, §53 (P. L., 207), and in case of non-residence of some of the parties, the citation must be returned with proof of such non-residence and an alias citation and order for publication obtained. For such minors as have no guardians, guardians ad litem must be appointed. See Brews. Prac, Vol. II, §1988. Con- sult the Orphans' Court rules and see also, as to service .of citations, the chapter on History, Organization, Process, etc., and Brews. Prac, Vol. II, §§1983, 2277, 2286, 2288 and 2289. PARTITION. 703 The service upon all parties having been made, it is their duty to demur or answer to tlie petition or the same will be taken pro confesso and an inquest awarded. §4817 Forms of Returns. (Caption.) City and County of Philadelphia, ss. : A. B., being duly sworn according to law, deposes and says that he served the within citation on C. D. personally at (place), on (time), by reading to him the within citation and giving him a true copy thereof (and so with the service on each defendant. ) If some of the parties in interest named in the citation cannot be found and have no known dwelling place within this Commonwealth, then add to the return : And the ' other defendants named in said citation cannot be found and have no known dwelling place within this Common- wealth, and there is no surety on whom service of said citation can be made. (Jurat.) If there be non-resident parties in interest, then follow the directions of the Act of March 29, 1832, §53 (P. L., 207). If the party to be cited cannot be found and have no known dwelling place within this Commonwealth, and there is no surety on which service of the citation can be made as aforesaid, and the facts shall be so stated in the return on oath or affirmation by the party complaining, or by some one competent to make affidavit in that behalf, the Orphans' Court may award another citation, returnable in like manner with the first. At the time of awarding such second citation, the court may make an order for publication of the same in two or more news- papers, to be designated by the court, in such place or places and for such length of time as the court, having regard to the supposed place of residence of the defendant, and other circumstances, shall direct. 704 PARTITION. Form of Order Awarding alias Citation and > Order of Publication. (Caption.) And now (date), 1892, it is ordered and decreed that an alias citation be awarded, directed to , to show cause why an inquest should not be awarded to make partition and valuation of the real estate of said decedent, and that notice thereof be given once a week for two weeks in the Legal Intelligencer and in the Philadelphia Inquirer, a daily newspaper published in Philadelphia, and,that a copy of said daily newspaper containing the first publi- cation of said notice be sent by mail to the last known residence of said parties. Returnable (date). Form of Return to Alias Citation and Order of Publication. (Caption.) State of Pennsylvania, ) City and County of Philadelphia. ) A. B. , being duly sworn according to law, deposes and says that in obedience to the decree awarding an alias citation and order of publication of (date), notice thereof was given once a week for two weeks, in the Legal Intelligencer, viz : on the fifteenth and twenty-second days of July, 1893, and also once a week for two weeks in the Philadelphia Inquirer, a daily newspaper, published in Philadelphia, to wit : on the fourteenth and twenty-first days of July, 1893, and true copies of said advertisements are hereto attached and made part of this affidavit. (Here follows advertisements.) That a copy of said daily newspaper containing the first pub- lication of said notice, to wit, the Philadelphia Inquirer of July 14, 1893, was sent by mail on the fourteenth day of July, 1893, to the last known residence of the following named parties, as set forth in said alias citation, viz : (Here follow names and addresses.) And that the above named parties are the parties contained in said alias citation. That none of the minors, parties in interest, hereafter men- tioned, have a guardian or guardians; and they do not reside in the county or within forty miles of the seat of justice of the county. PARTITION. 705 That notice of these proceedings and that application for the appointment of a guardian ad litem will be made at the next session of the court, viz : the first Monday of October, 1892, has been given to the following minors, over the age of fourteen, viz : (Here follow names and adresses.) If minors are interested, the Act of March 29, 1832, §53 (Br. Purd., 1282, §28), should be consulted. In all cases in which proceedings may be had in the Orphans' Court affecting the interest of any minor, notice of such- proceed- ings shall be given to the guardian of such minor, if such guardian be resident within the county or within forty miles of the seat of justice of the county, in the same manner as is herein provided for in the case of resident persons or full age ; but if such minor have no guardian it shall be the duty of the party making application to the Orphans' Court to cause notice of such application to be given to the minor if above the age of fourteen years, or if under that age, to the next of kin of full age : Provided, Such minor or next of kin be resident within the county or within forty miles of the seat of justice thereof. And if at the next session of the Orphans' Court application shall not have been made on the part of such minor praying for the appointment of a guardian, it shall be the duty of the court to appoint a suitable person as guardian, on whom notice shall be served in all cases in which notice shall be requisite. (^Il/id.) Form of Notice. (Caption. ) » To You are hereby notified that proceedings in partition in the above case have been commenced in the Orphans' Court of Phila-- delphia County (State of Pennsylvania, United States of America), and if application be not made before the first Monday of October next for the appointment of a guardian, the court will appoint a suit- able person as guardian ad litem to represent (you or said minors) in said proceedings. Very respectfully yours, L. M. See Swain vs. Trust Co., 54 Pa. St., 455 (1867) ; Graham's Estate, 14 W. N., 31 (1883). 706 PARTITION. § 4818 Form of Petition for Guardian Ad Litem. In the Orphans' Court of Philadelphia County. April Term, 1892. No. Estate of A. B., deceased. To the Honorable, the Judges of the said Court: The petition of C. D. respectfully represents : I. That A. B. died on or about the , day of 1891, intestate and without issue, seised of certain real estate situate in the City and County of Philadelphia. II. That on the day of 1892, proceedings in par- tition were commenced in your Honorable Court. III. That your petitioner is a party in interest and one of the next of kin of said decedent. IV. That your petitioner is informed and believes that the follow- ing grandnephews and grandnieces of said decedent, parties in interest and next of kin of said decedent, are minors, viz.: (Here set them forth by name), as more fully appears in the petition in said partition proceedings. V. That said minors have no guardian or guardians. VI. That your petitioner on the day of , 1892, caused due and legal notice of the presentation of this application for the appointment of a guardian ad litem, a true copy of which is hereto attached, to be mailed at the Philadelphia Post Office, addressed to (here set forth names and addresses), minors over the age of fourteen ; and to the next of kin of full age of the following- named minors under the age of fourteen, viz.: (Here set forth names, etc. ) VII. That neither said minors over the age of fourteen, nor the next of kin on behalf of said minors under fourteen, have presented any petition for the appointment of a guardian. PARTITION. 707 Wherefore your petitioner prays your Honorable Court to appoint A. J., guardian ad litem for said minors, on whom notices shall be served in all cases in which notice shall be requisite. And your petitioner will ever pray, etc. , C. D. State of Pennsylvania, 1 City and County of Philadelphia, j ^^' C. D., duly sworn according to law, deposes and says that the facts stated upon information and belief are true to the best of his knowledge, and the facts set forth as of his own knowledge, are true and correct. Sworn to and subscribed before^ me this (date). [■ C. D. [seal] Notary Public. (Attach copy of notice.) DECREE. And now, to wit (date), upon consideration of the foregoing petition, and on motion of F. C,pro petitioner, it is ordered and decreed that A. J. be appointed guardian ad litem of , without security. Said guardian not to receive any property of the above-named minors, and to be allowed such compensation for his services as may hereafter be ordered by the court. J- § 4819 The Answer or Demurrer. If any of the respondents deny the right of the petitioner to partition, an answer should be filed con- taining such denial, in the following form ; Respondent denies that the petitioner is a tenant in common with the respondent of the premises in said petition mentioned or any part thereof, and this respondent denies the right of the said petitioner to have partition made of the said property, or any part thereof, as prayed for in the said petition. This respondent claiming to hold the real estate in said petition described, to the exclusion of the petitioner. The respondent's title should then be briefly exhibited to the court. yo8 PARTITIOX. Mere Denial of Right not Enough. Mere denial of right of partition is not enough where the petition sets forth all the titles and recites that any dispute concerning them has been adjudi- cated. The claim of title by the adverse claimant must be justified. Wistar s Appeal, 115 Pa. St., 241 (1886). Testimony May be Heard Upon the Title Asserted. The Orphans' Court may hear testimony upon the title asserted, and if not sufficient to go to a jury, the inquest will be confirmed and the partition pro- ceeded with. Welch' s Appeal, 126 Pa. St., 297 (1889). Issue May be Awarded to Try Disputed Questions of Fact. The Orphans' Court may award an issue, under the Act of March 29, 1832, to try disputed questions of fact in partition. Armstrong s Estate, 10 W. N., 571 (1881). Where Legitimacy is Involved, the Finding of the 07'phans' Court is Conclusive, Except in Case of Clear Error. The decision of the Orphans' Court, refusing an issue in partition, will not be reviewed by the Supreme Court. When the right to demand such issue is dependent upon the petitioner's status as an heir, the finding of the Orphans' Court as to legitimacy is final, except in cases of clear error. Kates Estate, 148 Pa. St , 471 (1892). Should the petition be defective in matters of form, a demurrer may be filled. PARTITION. 709 §4820 Form of Demurrer. (Caption. ) These A. B. and C. D. by protestation, not confessing or acknowledging all or any of the matters, or things in the said petition con tained to be true, in such manner and form as the same are therein set forth and alleged, demur to the said petition and for cause of demurrer show : 1. That the petition fails to aver that was seised of the real estate at his death. 2. That the petitioner does not aver who are the parties in interest in said estate and entitled to share in the partition thereof. 3. That the petitioner does not attach to his petition a copy of the will of the late , under which will the petitioner claims ; that without an examination of said will, or a copy thereof, it is impossible for this Honorable Court to decide that the peti- tioner has any status. 4. The petition presents no case for relief. Wherefore, and for other good causes of demurrer appearing upon the face of the said petition, A. B. and C. D. demur thereto and pray the judgment of this Honorable Court whether they shall be compelled to make any answer to said petition, and pray to be hence dismissed with their reasonable costs in this behalf sustained. A. B., Attorney pro Demurrants. (Affidavit that the demurrer is not interposed for delay.) The petition and demurrer should be ordered down upon the argument hst of the court, paper-books prepared and the matter disposed of before the court in banc. While the proceedings are pending, any party claiming to be interested in the land of which parti- tion is sought, who has not been named or served with notice, may file a § 4821 Petition to Intervene. In the Orphans' Court for the County of Philadelphia. Estate of , deceased. Term, . No. The petition of A. B. respectfully represents : yiO PARTITION. That the said died on pr about , seised of certain real estate situate in the County of Philadelphia. That the said , by his last will and testament dated , devised said real estate and his personal estate to his wife , for and during the term of her natural life, and from and immediately after the death of his said wife, said real and personal estate was to be divided equally among the children of said . After the death of the said , said will was duly admitted to probate by the Register of Wills for the County of Philadelphia. A true copy of the will is attached to this petition. That the said left surviving him a widow , and children, viz. : intermarried with , and , intermarried with A. B., your petitioner. The said died on or about (date), unmarried, intes- tate and without issue. That the wife of your petitioner, the said E. B., died on or about (date), intestate, leaving surviving her a child, petitioner's son, who died on or about (date). That , one of the devisees above-named, has presented a petition to your Honorable Court, praying that a citation be granted to show cause why an inquest to make partition of the real estate of said , deceased, should not be awarded. That your petitioner has not been made a party to said pro- ceedings for partition. He therefore prays your Honorable Court to grant a citation directed to the said and , to show cause why he should not have leave to intervene as a party to the record in the proceedings for partition of the real estate of , deceased. And your petitioner will ever pray, etc. (Affidavit of truth of petition.) (Signature of petitioner.) (Attach copy of will.) DECREE. And now (date), upon consideration of the foregoing petition and on motion of C. D., pro petitioner, it is ordered and decreed that a citation be granted directed to and , to show cause why A. B. should not have leave to intervene as a party to the record in the proceedings for partition of the real estate of , deceased. PARTITION. 711 If you are entitled to an inquest, the court will make the following order : — § 4822 Decree Awarding Inquest. In the Orphans' Court of Philadelphia County. Estate of A. S., deceased. Term, . No. And now , it appearing to the court that process was duly served upon ^.ll the respondents, it is, on consideration of the petition and upon motion of A. B., pro petitioners, ordered and decreed that an inquest be awarded to make partition of the land in said petition mentioned between the petitioner, , and the respondents, and , according to their respective shares, as set forth in said petition, and that notice thereof be given to , widow of said , deceased. Returnable according to law. (Signature of Judge. ) Execution of Inquest. See Brews. Prac, Vol. II, §2015, et seq. § 4823 Notice of Proceedings Must be Given Accord- ing to Requirements of Act of Assembly. Swain vs. Fidelity Co., 54 Pa. St., 455 (1867) : In a suit for specific performance, the defense alleged that the complainant, through defective service upon a minor, in partition proceedings, could not offer a good title to the premises. Agnew, J. : " No service was made upon any of " the minors, according to the provisions of the Act of "thirteenth June, 1836. Mr. Phillips appeared (as " the record shows), at the instance of the mother, as "the next friend of some of them. This itself was " an irregularity. An infant can appear only by guar- "dian. No guardians ad litem were appointed by 712 PARTITION. " the court, as the act requires. Even where service " has been duly made upon the minor under fourteen " years of age, by notice of the writ to his next of "kin, or upon the minor over fourteen by service " upon himself, yet no further proceeding can be taken " in the cause until the plaintiff has made application " to the court for the appointment of a guardian of the "minor." Grantee of Heir Whose Deed Not Recorded, is Not Entitled to Notice. ' The grantee of an heir, who has failed to record his deed, is not entitled to notice. Merklein vs. Trapnell, 34 Pa. St., 42 (1859). Nor a Mortgagee of Undivided Interest. The mortgagee of an undivided interest is not entitled to notice. Stewart vs. Bank, loi Pa. St., 342 (1882). Sheriffs Vendee of Interest of Heir Entitled to Notice. The interest of an heir was purchased at Sheriff's sale. Another heir, present at the time of the sale, subsequently commenced proceedings in partition, but did not name or give notice to the Sheriff's vendee. The petitioner secured the land under the partition proceedings. Held, That the interest sold at Sheriff's sale did not pass under the partition. Thompson \?,. Stitt, 56 Pa. St., 156 (1867). In this case the court distinguished the facts there presented from the case of Merklein vs. Trapnell, 34 Pa. St., 42 (1859), relied upon by the petitioner. In the latter case the alienee had never recorded his deed. PARTITION. 7 I 3 had abandoned the purchase, paid no purchase money, and never afterwards returned to or claimed the land, and the proceedings in partition remained uncontested for thirty years. Where all Parties are Notified of Meeting of Inquest, They Will be Presumed to Have Had Notice of . an Adjournment. Where the record shows notice to all heirs of the time of holding the inquest, but the return sets forth that the inquisition was held on a subsequent date and that "the parties in interest were severally "warned and as many as choose being present," etc., in the absence of evidence to the contrary, it will be presumed that there was due notice given of the adjourned meeting. Welch's Appeal, 126 Pa. St., 297 (1889). Notice Need Not be Given Husband of an Heir Absent More Than Seven Years. The validity of the inquest is not affected by the fact that the husband of one of the heirs, who has been absent and unheard of for more than seven years, was not named in the petition nor in the return to the inquest. Welch' s Appeal, 126 Pa. St., 297 (1889). Tenant by Curtesy E^ntitled to Notice. Where the tenant by the curtesy was not notified of the proceedings and was not even named in the decree of the Orphans' Court, the omission was held to be fatal and the proceedings were reversed. Wal- ton v^. Willis, I Dallas, 351 (1788). 714 PARTITION. The proceedings will be set aside upon the appli- cation of a life tenant who is not named in the petition and who has had no notice of the inquest. Klingen- smitKs Estate, 130 Pa. St., 516 (1889). In that case the life tenant filed exceptions to the inquisition. An auditor was appointed who reported that the exceptant should be made a party. The report was confirmed. The usual rule to accept or refuse was then issued and served upon the life tenant, who thereupon filed addi- tional exceptions, alleging that the valuation was too low, and asking a re-valuation. It was held, that, neither the confirmation of the auditor's report nor the application of the life tenant for a re-valuation was sufficient to cure the irregularity of the proceedings. Husband of Deceased Tenant in Remainder not Entitled to Notice Where Life Tenant Living. Hitnerv?,. Ege, 23 Pa. St., 305(1854). The husband cannot be tenant by the curtesy of his wife's estate in reversion or remainder expectant on an estate of free- hold, unless the particular estate be ended during the coverture. Young vs. Mclntyre, 6 W. N., 252 (1878) Biddle, J. (C. P.) Rule to set aside order of sale in partition. The will, after bequeathing all testator's estate to his wife and unmarried daughters for the life of the wife, provided "that, at the decease of his wife, all " testator's estate should be equally divided among "his sons and daughters, and their heirs forever, the " daughters' shares to be free from the control of their " husbands, and in case of the death of any child before "the wife, the issue of such child should take the "parent's share." PARTITION. 715 Testator left a son, the plaintiff, and three daugh- ters, one of whom, Emma, was married at the time of his death to John Richardson, and this daughter died before testator's wife, leaving to survive her the hus- band, but no issue. The present rule was obtained by Richardson, on the ground that, as tenant by the curtesy of his wife's estate, he was entitled to be made a party to these- proceedings in partition. BiDDLE, J.: "By the common law, the seisin of "the wife must be an actual seisin or possession to " entitle the husband to an estate as tenant by the " curtesy in her lands. Hence, there could be no such " estate in lands to which she was entitled in "remainder, as in the present instance. It was not "necessary, therefore, that the name of John Richard- "son should be joined in these proceedings. Rule dis- " charged^ § 4824 Return to Inquest Should Show How Land Appraised, and Should Describe Each Pur- part. The return to the inquest should show whether the land is appraised as a whole or in purparts, and each purpart should be so described as to be easily identified. Christy s Appeal, wo Pa. St., 538 (1885). It is well for the petitioner's counsel to furnish the Sheriff's jury with proper instructions, forms and descriptions. This practice was commended in Christy s Appeal {supra). § 4825 The Allotments Should be Just. An intestate died, leaving a widow, a father, a sister and brother, but no children. Under proceed- 7 1 6 PARTITION. ings in partition, the share assigned the widow was three times as valuable as that assigned to the father, although the rents of both shares were equal. The partition was set aside for inequality. Young vs. Bickel, I S. & R., 467 (181 5). In case of manifest undervaluation the inquest should be set aside. Rex vs. Rex, 3 S. & R., 533 (1817). Subsequent Appreciation of Property. See Klingensmitti s Estate, 1 30 Pa. St. , 516(1 890) ; Brews. Prac, Vol. II, §2029. § 4826 Separate Estimates of Jurors do Not Invalidate Inquest. Where the jurors made separate estimates as to the value of the land, added them together and extracted the medium value, it was held no objection to the inquisition. White vs. White, 5 Rawle, 61 (1835). § 4827 Nor Presence of Sheriff, if no Interference on His Part. The presence of the Sheriff, there having been no improper interference on his part, was held not to affect the validity of the inquisition. § 4828 Proceedings Stayed After Inquest Because of a Will Shown, Although Verdict Had Been Against it in Ejectment. Upon return of an inquest in partition, the widow exhibited a paper purporting to be the decedent's will, and asked that the proceedings might be set aside. The petitioners offered the record of an ejectment by an heir of decedent against the widow, and it was said that a verdict had been recovered against the will. PARTITION. 7 I 7 The Orphans' Court refused to confirm the inquisition, one verdict not being conclusive. The Supreme Court affirmed. Spangier vs. Rambler, 4 S. & R., 192 (18 18). § 4829 Decree of Confirmation Final. The decree of confirmation upon return of the inquest is final, and any party interested may appeal from the same. Christy's Appeal, no Pa. St., 538 (1885). § 4830 Land May be Divided Into More Purparts Than There are Heirs. Under the Act of 1832, the land may be divided into more purparts than there are heirs. Such purparts as may be refused may be sold. Darra/ts Appeal, 10 Pa. St., 210 (1849). §4831 Where Land Equally Divided and Allotted it Need not be Appraised. If practicable, the land should be divided into as many purparts, of equal value, as there are heirs. The purparts may then be allotted, one to each heir, and the land as a whole, or the several purparts, need not be appraised. Wistars Appeal, 105 Pa. St., 390(1884). § 4832 Orphans' Court May Make Partition Among Heirs Upon Return of Inquest. The Orphans' Court, under the Act of March 29, 1832, upon return of the inquest, may at once make a complete partition of the entire estate by allotting a share to each party in the order of choice set out in section thirty-seven of said Act. And if no share shall be selected, then the court may assign such share. Pay- ment of owelty may be ordered to be made by the parties to whom may be assigned shares subject to such owelty. Sampsori s Appeal, 4 W. Ba S., 86 (1841). 7l8 PARTITION. §4833 Where Estate Cannot be Divided, Court to Award Same to Proper Parties — Rights of Respective Parties to Take, When any such estate cannot be divided among the lineal descendants as aforesaid, or the widow and such lineal descendants, without prejudice to or spoiling the whole, the said seven or more persons, or the said inquest, as the case may be, shall make and return a Just appraisement thereof to the Orphans' Court ; and thereupon, but not otherwise, the said court may order the same : I. To the eldest son, if he be living ; but if he be dead, to his children, if any, in the order of their birth, and preferring males to females ; and in like manner, to his other lineal descendants in the same order. II. If the eldest son, or his lineal descendants, do not accept the same, then to the second and other sons, or their lineal descendants, successively, in the order of birth, in like manner as is provided for the eldest son and his descendants. III. If the second or other sons, or their descendants, do not accept the same as aforesaid, then to the eldest daughter or her lineal descendants, in like manner as is provided in the case of the eldest sons.' IV. If the eldest daughter, or her lineal descendants, do not accept the same, then to the second and other daughters or their- lineal descendants, successively, in like manner as is provided for the second and other sons. (Act March 29, 1832, §37, P. L., 201.) § 4834 Party Accepting Estate, to Secure Other Parties' Interests. In every such case, the party accepting the same, or some one on his behalf, paying to the other parties interested their propor- tional parts of the value of such estate, according to the just appraisement thereof, made in manner aforesaid, or giving good security by recognizance, or otherwise, to the satisfaction of the court for the payment thereof, with legal interest, in some reason- able time, not exceeding twelve months, as the court may direct. And the persons to whom or for whose use payment or- satisfaction shall be so made, in any of the cases aforesaid, for their respective parts or shares of such real estate, shall be forever barred of all right or title to the same. (Act March 29, 1832, §37, P. L., 201.) PARTITION. 719 § 4835 Where Equal Partition Cannot be Made, Pur- parts to be Appraised and Awarded to Par- ties Entitled— Owelty. When equal partition in value cannot be made by the seven men appointed as aforesaid, or by the said inquest, they shall make a just appraisement of the respective purparts or shares in which they may divide the estate ; and thereupon the court may order the said purparts or shares successively to the persons entitled to make choice therefrom, in the order and according to the rules enacted in the preceding section, where the estate cannot conveniently be divided ; and they shall award that one or more purparts or shares shall be subject to the payment of such sum or sums of money as shall be necesssary to equalize the value of the said purparts, accord- ing to the said appraisement thereof ; which sum or sums of money shall be paid or secured to be paid, by the several persons accepting such purparts, in the manner prescribed in the foregoing section. (Act March 29, 1832, §38, P. L., 201.) § 4836 Purparts to be Appraised and Awarded to Per- sons Entitled. When such estate cannot conveniently be divided into as many shares as there are parties entitled, the seven men appointed as afore- said or the said inquest shall make a just appraisement of the respective purparts or shares into which they may divide the estate, and thereupon the court may order the shares successively to the parties entitled, to make choice therefrom, in the order and accord- ing to the rules hereinbefore provided for the case where the estate cannot conveniently be divided, they or some one in their behalf, paying or securing to be paid to the other parties interested, their respective parts of the value thereof, in the manner prescribed as aforesaid. (Act March 29, 1832, §39, P. L., 201.) § 4837 Rule to Accept or Refuse. In all cases of appraisement or partition mentioned in the pre- ceding section, the Orphans' Court shall, on application, grant a rule on all persons interested, to come into court, at a certain day by them to be fixed, to accept or refuse the estate, or a share or 720 PARTITION. portion thereof, as the case may be : and in case the party entitled to a choice do not come into court, in person, or by guardian or attorney duly constituted, or in case he shall refuse the same, a record shall be made thereof, and the court may and shall direct the same to be offered to the next in succession, according to the rules hereinbefore provided. (Act March 29, 1832, §40, P. L., 201.) In all cases of the partition or valuation of real estate in any of the Orphans' Courts of this Commonwealth, it shall be lawful for the said courts, upon the application of the widow, or any of the heirs, of the decedent, instead of the separate rules heretofore issued in such cases, to grant a rule upon the parties interested to appear, and accept or refuse the said real estate at the valuation, or show cause why the said real estate, or any part thereof, should not be sold, in case they or any of them should neglect or refuse to take and accept the same as aforesaid. (Act April 25, 1850, §2, P. L., 569O § 4838 Form of Rule to Accept or Refuse. O. C. Term .No. Estate of , deceased. And now, , the Sheriff and jury of inquest having made return under their respective hands and seals to the writ of inquest awarded in the above estate , that the parties therein named had bpen severally warned, and that the property described in the said writ cannot be parted and divided between the said parties so as to accomplish and effect an equal partition in value among them, according to their respective rights and shares in the said premises, without prejudice to or spoiling the whole, and that said properties have been valued as follows : (State valuations of properties,) Which valuations amount in the aggregate to dollars, clear of incumbrances, and which several purparts or parcels make up all the lands and tenements in said writ of inquest described. It is, on motion of , pro petitioners, ordered and decreed that the aforesaid inquest be confirmed, and that a rule be granted upon the said parties in interest, to accept or refuse to take the said properties in said inquest mentioned at the appraised value PARTITION. 721 put upon them by the aforesaid inquest, and to show cause why the said real estate should not be sold in case the said parties or any of them should neglect or refuse to take the same at the valuations aforesaid. Rule returnable, (date). (Signature of judge.) §4839 Heir to Have Preference as to One Share Only. In any case where one of the heirs of a decedent has elected to take the real estate of such decedent in one county, or any share thereof, if divided into shares, such heir shall not have the right of preference or election to take the real estate or any share thereof, in any other county, or any other share in the same county, until all the other heirs shall have neglected, after due notice, or refused to take the same at such valuation. (Act March 29, 1832, §45, P. L., 201. ; §4840 Shares of Parties Appearing may be Allotted, and Remainder of Premises may Remain Subject to Future Partition. In all cases of partition, either in the courts of Common Pleas or in the Orphans' Courts, the courts having jurisdiction thereof are empowered, wherever it shall appear advisable and proper, to cause the share or shares of the party or parties appearing in court, to be allotted and assigned to them, and to pei"mit the residue of the premises to remain for the person or persons entitled thereto, and subject to a future partition among them, if more than one per- son be so entitled. (Act April 25, 1850, §10, P. L., 571.) §4841 Service of Rule to Accept or Refuse. The rule to accept or refuse need not be served by the Sheriff, but he may be required to do so. Horam's Estate, 59 Pa. St., 152 (1S68). Where the Orphans' Court ordered that the rule to accept or refuse should be published in two news- papers, and the return to the rule showed that it had 722 PARTITION. been published only in one, which return was approved by the court, it was held that such approval cured the non-compliance with the order. ' Sankey s Appeal, 55 Pa. St., 491 (1867). § 4842 Right to Take Land at Valuation. Issue of Eldest Son. An intestate died, leaving sons and daughters and also grandchildren, who were the issue of the eldest son deceased in the intestate's lifetime. Held, That under the Act of April 19, 1794, the grandchil- dren were entitled to take the real estate of the intes- tate at its valuation in preference to the eldest son then living. Hersha vs. Brenneman, 6 S. & R., 2 (1820). Alienee of Eldest Son. The alienee of the eldest son is entitled to first choice at the appraisement. Ragans Estate, 7 Watts, 438 (1838). Life Tenant Cannot Bid Against Lineal Descendant. A tenant for life has no right to bid for the prop- erty against a lineal descendant. Rankin! s Appeal, 95 Pa. St., 358 (1880). Right to Take, Lost if Heirs or Their Alienees Fail to Appear. If the heirs or their alienees fail to appear on the return of the rule and accept the real estate at the appraisement, they lose such right. Wentz s Appeal, 7 Pa. St., 151 (1847). PARTITION. 723 § 4843 Bidding for Purparts. By Act of April 22, 1856, §10 (P. L., 534), Brews. Prac, Vol. II, §1949, the purparts are to be allotted to the parties bidding highest above the valuation. The right to take depends on the price offered. Klohs \s. Rei/snyder, 61 Pa. St., 240 (1869). See Brews. Prac, Vol. II, §§2034-2036, as to allot- ments and bids. When Land Assigned to Widow, if no Appeal, Such Defect Cannot Defeat Recovery by Her of Purchase Money. Where land was assigned to the widow at a valu- ation and the time for an appeal had elapsed, it was held that the purchaser of the land could not, in an action to recover the purchase money, take advantage of such defect, although the Act of Assembly allows an assignment to heirs only. Painter vs. Henderson, 7 Pa. St., 48 (1847). Confirmation to Heir not Conclusive Against Another Heir Claiming Adversely and Disputing Proceedings. Partition proceedings by which real estate is con- firmed to an heir, are not conclusive as to the question of title to such real estate, between him and another heir claiming adversely and disavowing the proceed- ings. Mehaffy vs. Dobbs, 9 Watts, 363 (1840). Oral Bids Not Allowed, but Party so Taking Cannat Object to Title of Others Obtaining Their Purparts in Like Manner. The Act of April 22, 1856, does not allow oral bids. But where one takes part in an allotment upon oral bids and receives and retains benefits therefrom, 724 PARTITION. he cannot object to the title of others obtained in Hke manner. Sutton s Appeal, 112 Pa. St., 598(1886). § 4844 When Mortgage to be Given to Protect Other Interests, Party Accepting Purpart Acquires no Title Until Such Mortgage Executed. Where the real estate is allotted to one who is ordered to give a mortgage for the interests of the other parties, no estate vests until the mortgage is given or the money paid. Smith vs. Scudder, 1 1 S. & R., 325 (1824). § 4845 Award to One Heir Divests Title of Other Heirs. When a decree has been entered, awarding the premises to an heir, at the valuation, the title of the other heirs, and of all, claiming under them, is thereby divested. Merklein vs. Trapnell, 34 Pa. St., 42 (1859). § 4846 Taking by Husband. Blocker ■^■s.iHarmony, i S. & R., 460 (1815). Where a husband, under partition proceedings, took certain land at the valuation, In right of his wife, it was held that upon the death of the husband the land belonged to the wife and could not be sold for the husband's debts. Fogelsonger vs. Somerville, 6 S. & R., 267 (1820), is to the same effect. See, also, Stoolfoos vs. yenkins, 8 S. & R., 167 (1822), ■Ax^di Evans vs. Shearer, 107 Pa. St., 231 (1884). Where the Orphans' Court assigned to a husband of a female heir the entire estate, upon his paying to the other heirs their respective shares, it was held that he took all in his own right except his wife's share. McCullough vs. Wallace, 8 S. & R., 181 (1822). PARTITION. 725 See, also, upon this point, Snevily vs. Wagner, 8 Pa. St., 396 (1848). A husband may accept as his wife's agent, and for so much as he advances as owelty beyond the interest of his wife, he secures title in his own right. Thomp- son vs. Stitt, 56 Pa. St., 156 (1867). § 4847 Share of Married Woman Not to be Paid to Her Husband Before Entry of Security by Him — The Wife May Declare That Such Husband Need Not Give Security — Form of Such Declaration. Act March 29, 1832, §48 (P. L., 206). A § 4848 W^here Such Declaration Filed by Wife and the Parties Shall be Divorced Before Pay- ment to the Husband, the Wife's Share to be Collectible by Her for Her Own Use. Act April 13, 1869, §1 (P. L., 28). Where the wife filed a declaration under the Act of March 29, 1832, that she did not require her hus- band to give security upon payment to him of her share, it was held that the heirs or personal represent- atives of the wife had no right, after her death, to claim against the husband any part of the funds secured by the recognizance given by him to the heirs, including the wife. Gutshall vs. Goodyear, 107 Pa. St., 123 (1884). The foregoing acts, passed for the protection of married women, and many of the decisions applicable to the taking of the land by the husband, have been superseded in effect by the legislation vesting in mar- ried women the ownership of their separate property. See Acts of April 11, 1848 (P. L., 536); June 3, 1887 (P. L.. 332), and June 8, 1893 (P. L., 344). 726 PARTITION § 4849 Setting Aside Award. The court refused to se't aside a decree awarding real estate to an heir, when the application was not made for eighteen months after the award, and no fraud had been practised upon the parties or the court. Osborne s Estate, 149 Pa. St., 412 (1892). Even if the application be promptly made and accompanied by an offer to enter security that the land will bring more than the original bid, it is largely in the discretion of the court to grant the application. {Ibid:) The real estate was awarded to a guardian, who, ten years before, had been appointed in violation of the Act of March 29, 1832, §6, which forbids the appointment as guardian of an executor or adminis- trator of an estate in which the minor is interested. The other heirs objected to the award, but it was sus- tained by the Supreme Court. Bull's Appeal, 108 Pa. St., 604 (1885). § 4850 When Orphans' Court May Appoint Commis- sioners to Designate Boundaries of Curti- lage, etc. Whenever, under and by the provisions of any last will and testament, or by reservation or limitation in any de^d or deeds of conveyance', or by reservation in any partition between tenants in common or coparceners, any dwelling-house or other building is devised, bequeathed, reserved or limited to any person or persons, for life, or other period of time, without defining the boundaries of the curtilage or lot appurtenant to such dwelling-house or other buildings, and necessary for the use and enjoyment of the same, it shall be lawful for any of the parties interested to apply, by petition in writing, to the Orphans' Court of the county in which said lands or buildings are situate, for the appointment of Commissioners to PARTITION. 727 designate the boundaries of the curtilage or lot appurtenant to such , dwelling-house or other building, and necessary for the convenient use of the same, for the purposes for which it was intended. (Act April 14, 1868, §1, P. L., 97.) It shall be the duty of the said court, on presentation of such petition, to appoint three competent and skillful persons, as they shall think proper, for the purposes aforesaid, who shall receive the sum of one dollar per day, for the time spent in the performance of their duties as said commissioners, (^Ibid, §2.) §4851 Duty of Curtilage Commissioners — Effect of Report — Costs. It shall be the duty of the Commissioners so appointed, to give reasonable notice to all parties interested, of the time at which they will examine said dwelling-house or other buildings, for the pur- poses aforesaid, and to make report to the court in pursuance of the order to them directed ; and in such report they shall sufficiently designate and describe, by metes and bounds, with their courses and distances, and by draft, if necessary, the limits and extent of ground necessary for the convenient use of such dwelling-house or other building, for the purpose for which it is designed ; and such report shall, if approved by the court, be entered of record, and be con- clusive on all persons concerned ; and the ground thus set apart shall be exclusive property of the occupant of such dwelling-house or other building, during the full term for which it was devised, reserved or limited. (^Ibid, §3.) The costs of these proceedings shall be equally divided between all parties interested. (^Ibid, §4.) The Recognizance. This is the means whereby the party accepting the land secures the other parties' interests, as required by §37 of the Act of 1832 [supra). 728 PARTITION. §4852 Where Recognizance Required for Payment of any Part of Valuation, the Clerk of the Orphans' Court Shall Make a Calculation of the Amounts Due the Respective Par- ties and File the Same of Record. In all cases of partition in the Orphans' Court, where said court shall order and decree any party taking any portion of the estate at the appraisement, to give any recognizance for the payment of any part of the valuation, it shall be the duty of the Clerk of said court, in all cases in which an auditor has not been or may not be appointed by the said court, for the purpose of ascertaining advance- ments, making distribution among heirs and parties in interest, to make a calculation exhibiting the amounts due the respective parties in interest, and to record said calculation, when approved by the court, upon the docket of said court as a part of the proceedings in each case ; for which services the Clerk shall be entitled to a fee of one dollar. (Act April 12, 1855, §1, P. L., 214.) Where the heir-at-law took^n intestate's land at the valuation, it had been the practice of the Orphans' Court throughout the State to require him to give bonds to those entitled to a distributive share of the estate. This practice was condemned by Chief Justice M'Kean, in Walton vs. Willis, i Dallas, 265 (1788): " The Orphans' Courts ought, instead of bonds, " which are a mere personal security, to take recog- "nizances, by which the lands themselves would be "bound for the payment of the distributive shares." Since this decision the practice has changed, and under the Act of 1832; recognizances are now entered by the heir taking at the valuation. §4853 Court may Fix Time for Payment of Princi- pal of Owelty. In all cases in the Orphans' Courts in this Commonwealth, in which real estate shall be taken by an heir or other person legally authorized to take the same, charged with owelty, pjayable to other PARTITION. 729 heirs, or to others who hold the interest of such other heirs, the said courts shall have power to fix, for the payment of the principal of such owelty, such time or times as in the judgment of the court shall be to the advantage of those entitled to the estate : Provided, however. That the principal and annual payment of legal interest thereon be adequately secured. (Act May 8, 1876, §1, P. L., 140.) § 4854 Costs, Expenses and Trustee's Compensation May Be Ordered Paid Upon Confirmation of Sale — Purchaser to Enter Into Recognizance for Balance of Purchase-Money. In all cases of sales of real estate in proceedings on writs of partition and valuation in the Orphans' Court, it shall and may be lawful for the court to order and decree that the costs and expenses upon said proceedings (including a reasonable compensation to the executor, administrator or trustee, by whom said sales shall be made), shall be paid, on the confirmation of such sale by the court, and the purchaser or purchasers shall enter recognizance in the Orphans' Court, with sufficient surety, to be approved of by said court, for the payment of the balance of the purchase-money to the. widow and heirs, or legatees, who may be entitled to the same. (Act May 23, 1871, §1, P. L., 274.) § 4855 Party Suing on Such Recognizance to First Give Security Against Debts of the Dece- dent. Before any suit or action shall be commenced on any recog- nizance entered into as aforesaid, the person or persons entitled to receive the money secured thereby shall respectively give sufficient real or personal security, to be approved of by the Orphans' Court having jurisdiction, or a Judge of said court, when the court is not in session, with condition that if any debt or demand shall be afterward recovered against the estate of decedent, or otherwise be duly made to appear, they will respectively refund the ratable part' of such demand, and the costs and charges attending the recovery of the same, so far as such real estate would have been liable to such demand if it had remained unsold ; but if the person or persons entitled to receive the same is or are unable to give the security aforesaid, then the money shall be put at interest, as directed in the 730 PARTITION. forty-first sectioniof the Act of February 24, 1834, entitled, "An act relating to executors and administrators." (Act May 23, 1871, §2, P. L., 274.) § 4856 Such Recognizance to be a Lien Until Paid. The recognizance aforesaid shall be a lien on the real estate so, as aforesaid, sold, until fully paid or satisfied. {Ibid, §3.) §4857 Upon Petition, Orphans' Court May Compel Payment of Money Charged Upon Real Estate. In all cases in which (under) a proceeding in the Orphans' Court of any county, any money has been charged upon real estate, payable at a future period, it shall be lawful for any person claiming an interest therein, when the same shall have become payable, to apply, by bill or petition, to the said Orphans' Court, for the pay- ment of the same ; whereupon, such court having caused due notice to be given to the owner of such real estate, and to such other per- sons as may be interested, shall proceed, according to equity, to make such decree or order for the payment of the said charge out of such real estate, as shall be just and proper. (Act May 17, 1866, §1, P. L., 1096.) § 4858 Petition May be Presented for Payment of Owelty. Owelty of partition is a charge upon the real estate. The party to whom it is owing may petition the Orphans' Court and have the payment of such owelty enforced. NeeV s Appeal, 88 Pa. St., 94 (1878). § 4859 When Acknowledgment of Satisfaction of Recognizance to be Entered — Its Effect. Where a recognizance hath heretofore been, or shall here- after be taken in any Orphans' Court, on the acceptance of the real estate of a decedent at the valuation or appraisement thereof, as hereinbefore provided for, and the same, or any part thereof, shall be satisfied or paid to the person or persons interested therein,' his, her or their agent or attorneys, any such persons so having received satisfaction of the amount coming to him, shall enter an PARTITION. 731 acknowledgment thereof upon the record of such court, which shall be satisfaction and discharge of the said recognizance, to the amount acknowledged to be paid, and the recognizance shall cease to be a lien upon the real estate of the conusor to a greater amount than the principal and interest actually remaining due. (Act March 29, 1832, §50, P. L., 206.) §4860 In Default of Acknowledgment of Satisfaction, Damages to be Imposed or Court to Make Order in Relief of Cognizor. If any person who shall have received satisfaction as aforesaid, for his claim or lien secured by such recognizance, shall neglect or refuse to enter upon the record his acknowledgment thereof, upon the written request of the owner of the premises, bound by such recognizance, or of any part thereof, or of his legal representatives, or other persons interested therein, on tender of all the costs for entering such acknowledgment, within sixty days after such request and tender, as aforesaid, such person, for every such default, shall forfeit and pay to the party aggrieved the sum of fifty dollars, absolutely, and any further sum, not exceeding the amount by such person received, as shall be assessed by a jury on a trial at law, or the Orphans' Court, on due proof to them, made that the entire amount due to any heir, legatee or distributee, shall have been fully paid and discharged, may make an order for the relief of such per- son from any recognizance or other recorded lien ; which order, being certified to the proper court where such lien may appear, shall be entered on the records, and shall inure and be received as full satisfaction and discharge of the same. (Act March 29, 1832, §51, P. L., 206.) § 4861 Proceedings to Obtain Satisfaction of Recogni- zance Where Recognizee Dead or Removed from State, the Same as in Proceedings to Obtain Satisfaction of Mortgage Upon Death of Mortgagee or his Removal From State. The provisions of the Act of Assembly, passed the thirty-first day of March, 1823, entitled "An act relating to mortgages," shall extend and be applicable to all cases of any legacy or legacies, for the payment of which any real estate within this Commonwealth is 73.2 PARTITION. or may be chargeable, and to all recognizances in the Orphans' Court of any county of this Commonwealth which are or may be liens upon any real estate within the same, in as full and particular a manner as if the several provisions of said act were here repeated at length. (Act April 26, 1850, §22, P. L., 581.) The proceedings for the discharge and satisfaction of the lien of any such legacy or legacies, or any such recognizance, shall be the same as those prescribed in the act referred to in the preceding section, in reference to the satisfaction of mortgages, except that with regard to the aforesaid recognizances, the proceedings shall be had in the Orphans' Court upon whose records the said recog- nizances are found. (Act April 26, 1850, §23, P. L., 581.) §4862 Where Share of Real Estate Decreed to Non- Resident, Owelty to be Paid by Such Non- Resident — In Default of Payment, Land to be Sold. In cases of partition of estates, made by any Orphans' Court, under authority of the acts relating to Orphans' Courts, and where the court shall have decreed any share or shares, to any heir or legal representative, not residing within this Commonwealth, with the payment of owelty annexed, it shall be lawful for the court, upon application made by any party lawfully interested in the same, to order a rule upon the party, his or her legal heirs or representa- tives, requiring the payment of said owelty, at sucli time and upon such terms and conditions as the court shall direct, and if the said rule cannot be served within this Commonwealth, a publication thereof, as directed by the first section of the Acts of the twenty- sixth day of March, 1808, relating to notice of partitions, shall be deemed an effectual service, and upon return and proof thereof, and upon refusal or neglect to comply with the said rule, the court may enforce the same by ordering a sale of such share or shares, for the purposes aforesaid, as in other cases of sales, under the Act of March 29, 1832. (Act April 6, 1844, §1, P. L., 214.) § 4863 Form of Recognizance, The form of the recognizance is not prescribed by the Act of Assembly. Any form of a record obhga- PARTITION. 733 tion, taken before the Orphans' Court or its Clerk, is enough. Riddle s Appeal, 37 Pa. St., 177 (i860). But it should follow the court's decree and clearly show the interests secured by it. Bailey vs. Comm., 41 Pa. St., 473 (1862). § 4864 Need Not be Taken in Open Court nor Copied at Length on Docket. The recognizance need not be taken in open court, nor need it be copied at length upon the court docket. Hartman s Appeal, 21 Pa. St., 488 (1853). The Act of April 4, 1889, infra, requires the Clerk of the Orphans' Court to enter in a partition docket "all the proceedings in partition * * * from the " commencement to the final judgment and decree "thereon." f 4865 Defective Recognizance Cannot be Reformed to Prejudice of Surety. A defective recognizance cannot be' reformed, after the insolvency of the principal and the death of a surety, so as to increase the responsibility of the remaining surety. Shearer s Appeal, 96 Pa. St., 61 (1880). § 4866 Heir Should be Given Opportunity to Remedy Defective Recognizance. Where the recognizance of the heir entitled to take is defective, the court should not vacate its order awarding the property to him without affording him an opportunity to execute a proper ^recognizance. Gregg's Appeal, 20 Pa. St., 148 (1852). 734 PARTITION. § 4867 Liability of Heir Not to be Increased or Dimin- ished After Award. After the valuation of the estate in partition, con- firmation of the inquest, and the award of the estate to an heir, the Orphans' Court has no power to make any subsequent order or decree increasing or dimin- ishing the liability of the heir to whom the estate was awarded. Galbraith vs. Galbraith, 6 Watts, 1 1 2 (i837)- § 4863 After Recognizance Given, Heir's Share of Realty Converted Into Personalty. When a recognizance is given and the land adjvidged to the acceptarrt, the heir's share of realty is converted into personalty. Ebbs vs. Comm., ii Pa. St., 374 (1849). Whether such heir be a feme covert, minor or otherwise. Spangler s Appeal, 24 Pa. St., 424 (1855). § 4869 Suit on Several Recognizances When Land Taken Jointly. Where three of the parties accepted the land jointly, but gave their several, instead of joint recog- nizance, and the cognizees are satisfied, the defendant to a sci.fa. j'?(fr recognizance cannot defeat a recovery upon such grounds. Ebbs vs. Comm., 1 1 Pa. St., 374 (1849). § 4870 Recognizance May be Given to Secure Widow's Interest. Under the Act of March 23, 1764, a recognizance may be given^to secure the interest of a widow. Good vs. Good, 7 Watts, 195 (1838). PARTITION. 735 - §4871 The Recognizance is a First Lien and Binds the Entire Estate of the Heir Giving It. Owelty of partition is a first lien on the purpart of the former tenant in common, and is prior to a mortgage upon his undivided interest given before partition. McCandless Appeal, 98 Pa. St., 489 (1881); Banks Appeal, 99 Id., 148 (1882). The recognizance to secure payment of the owelty is a lien upon the entire estate of the heir giving the recognizance, including the interest passing to him by descent. Snivelys Estate, 129 Pa. St., 250 (1889). Notwithstanding such heir is a married woman. {Ibid) Recognizance is in Nature of a Judgment. A recognizance in the Orphans' Court for the distributive share of an heir, is in the nature of a judg- ment against the land. Beatty vs. Smith, 4 Yeates, 102 (1804). // IS a Lten from, its Date. Such recognizance is a lien from its date. Keaji vs. Franklin, 5 S. & R., 147 (18 19). Not a Lien Upon the Land of a Surety. It is a lien only upon the land of the intestate, and not upon the land of a surety in the recognizance. Allen vs. Reesor, 16 S. & R., 10 (1827). It Binds the Whole Estate Taken — Not Discharged by Judicial Sale, When Taken to Secure the Widow s Interest. It binds the whole estate taken by the purchaser giving the recognizance, and not merely the undivided interests of such heirs as have not been paid their 736 PARTITION. shares. Cubbage vs. Nesmith, 3 Watts, 314 (1834); McCandless Appeal, 98 Pa. St., 489 (i 881) ; Snively's Estate, 129 Pa. St., 250 (1889). A judicial sale of land does not divest the Hen of the recognizance to secure the widow's interest. Mentzer vs. Menor, 8 Watts, 296 (1839). As to the Character of the Widow s Interest Secured by the Recognizance. The charge in favor of the widow and heirs was held to be in lien in Kurtz s Appeal, 26 Pa. St., 465 (1856). ' Knox, J.: "The character of a widow's interest in "the real estate of her deceased husband, after its " allotment or sale under proceedings in partition in " the Orphans' Court, has frequently been the subject " of judicial decision by the court. W.e are not aware, "however, that the precise question now presented ■" has ever been passed upon. It is this : Where lands ■"are sold by virtue of proceedings in partition, and " the one-third part of the purchase money charged " upon the estate, the interest of which to be paid " to the widow during her life, and at her death the ■" principal to be paid to the heirs of her deceased " husband, will a judicial sale of the land, upon a judg- " ment against the purchaser, discharge tjie lien of a " mortgage given by him, and which mortgage is prior "to all other liens, except the charge in favor of the " widow and heirs ? That the widow's interest is real " estate is well settled by repeated decisions. In " Shoupe vs. Shoupe, 12 S. & R., 9, it was declared to " be the subject of levy and sale upon an execution. " And in Miller vs. Leidy, 3 W. & S., 456, it was held PARTITION. 737 " to be an incorporeal hereditament in the nature of a "rent charge, and subject to the control of a husband " only as real estate. But it has likewise often been " treated as a lien upon the land charged with its pay- " ment._ In Medlar and another vs. Aidenbach and " Wife, 2 Pa. Rep., 355, it was said by Mr. Justice " Rogers to be a statutory lien in favor of the widow " for the annual interest, and in favor of the heir of " the intestate for the principal sum upon the widow's "death. Mentzer vs. Menor, 8 Watts, 296, declares •" the lien of a recognizance given for the widow's "interest to remain in full force after a judicial sale, " as the property of a son who had taken the estate at "the appraisement. And in Hill vs.. Geiger, 7 W. & " S., 273, it was held that the lien was created by "virtue of the order to sell, independent of a mort- "gage or other security which might be taken to " secure the unpaid purchase money, and that upon " the death of the widow, neither the purchaser nor his " alienee could legally pay the principal to the admin- " trator by whom the sale had been made, and to " whom a bond and mortgage had been given. But " whatever doubt there may be as to the nature of the "widow's estate, it is certain that, so far as relates to " the principal sum, it is simply a charge upon the " land in the nature of a lien, payable at the widow's "death to the heirs of the intestate, to be recovered "as personal only." The lien of the mortgage was held to be divested. In Ziegl'ers Appeal, 35 Pa. St., 173 (i860), an opposite ruling was made. Judge Woodward distin- o-uishing the case of Kurtz' s Appeal [stip^a), a.s not having been decided under the Act of 1794, and there- fore not applicable. 73§ PARTITION. And in Schall's Appeal, 40 Pa. St., 170 (1861), it was held that the widow's interest was not a lienupon the land, but an interest in it. Recognizance a Lien, Although Not Indexed. The recognizance is a lien upon the land accepted as against subsequent mortgagees and purchasers, although such recognizance is not indexed in any book kept for that purpose. The Act of April 22, 1856, which requires judg- ments, sci. fas., recognizances and executions to be entered in " a book to be called the Judgment Index," does not apply to Orphans' Court recognizances in partition. Such recognizance is directly in the line of title. Holmans Appeal, 106 Pa. St., 502 (1884). A Continuing Lien. The lien of the recognizance is a continuing lien. It requires no revival and subject to the presumption of payment after twenty years, is of indefinite dura- tion. Leibert's Appeal, 119 Pa. St., 517 (1888). Where the heir to whom the land was awarded gave a recognizance to secure the widow's interest and the principal after her death to the heirs of the decedent, "including the recognizor," the share of said heir in such principal merged in his title to the land and did not become a lien thereon. Hollenberger vs. Yankey, 145 Pa. St., 179 (189 1). §4872 Guardian May Accept Purpart for His Ward and Give a Recognizance. A guardian may accept for his ward a purpart of the land at its appraised value, and may enter into a recognizance for the payment of the interests of other parties in the purpart so accepted. GelbacKs Appeal 8 S. & R., 205 (1822). PARTITION. 739 §4873 Rights of Widow in Partition Proceedings- Share to Remain Charged on Land. Should the widow of the decedent be living at the time of the partition, she shall not be entitled to payment of the sum at which her purpart or share of the estate shall be valued, but the same, together with interest thereof, shall be and remain charged upon the premises, if the whole be taken by one child or other descendant of the deceased, or upon the respective shares, if divided as here- inbefore mentioned, and the legal interest thereof shall be annually and regularly paid by the persons to whom such real estate shall be adjudged, their heirs or assigns, holding the same, according to their respective portions, to the said widow, during her natural life, in lieu and full satisfaction of her dower at common law, and the same may be recovered by the widow, by distress or otherwise, as rents in this Commonwealth are recoverable. On the death of the widow, the said principal sum shall be paid by the children, or other lineal descendants to whom the said real estate shall have been adjudged, their heirs or assigns, holding the premises, to the per- sons thereunto legally entitled. (Act March 29, 1832, §41, P. L., 202.) § 4874 Widow's Interest in Deceased Husband's Land Held by Him as Tenant in Common or Co- parcener — Inquest to be Awarded — Share oi Widow to be Secured — Interest to be Paid — How Interest Secured and Paid. In all cases in which the widow of an intestate now is, or here- after shall be entitled, under the intestate laws, to a share of, or interest in the real estate of her deceased husband, to which he was entitled at the time of his death, in common or in coparcenery with any other person or persons, if the co-tenants of the estate shall fail to make or obtain partition among themselves, so as to set out in severalty the portion appertaining to the intestate's estate, within one year after this act ; and in all future cases, within one year after the estate of the intestate shall come to the possession of his representa- tives, the several Orphans' Courts in this Commonwealth shall have authority, on the application of the widow, to call before them all parties having interest in the premises, and to order an inquest to value the share or interest of the widow in the same, having refer- 740 PARTITION. ence to the intestate's purpart ; and upon return of the said inquest, and confirmation thereof, the said valuation and the interest thereof shall be and remain charged upon the premises, until partition shall be made as aforesaid ; and the legal interest shall be annually and regularly paid to the said widow, until such partition, during her natural life, by the person or persons holding such real estate, and may be recovered by distress or otherwise, in like manner as in the case of a widow's share or purpart, charged upon real estate upon a partition in the Orphans' Court. And when partition of the said estate shall be thereafter made, so as to set out in severalty the part or share appertaining to the said intestate's estate, the said Orphans' Court, on the application of the widow or any person concerned, shall have authority, by their decree, to charge the said valuation, in such manner as they shall deem just and equitable, upon the part or parts of the premises allotted in severalty, which appertained to the intestate's estate, and to discliarge all other parts of the prem- ises therefrom ; and the said charge shall thereafter have the like force or effect upon the share of the estate which appertained to the intestate, and upon the holders thereof, and shall be payable and recoverable in like manner during the natural life of the widow, as if the said valuation had been charged upon the said real estate upon a partition in the Orphans' Court. And in all cases in which any partition among such co-tenants shall result in a sale, the share and interest of the said widow in the money arising from such sale, shall be entitled to the same protection as the share of intestates' widows is now entitled to by law. (Act April 24, 1843, §8, P. L., 360.) § 4875 Widow's Interest May be Charged on One or More Purparts. When the real estate of any decedent shall consist of several different tracts or pieces of land, and the same shall be adjudged to any of the parties entitled thereto, or ordered to be sold, by any of the Orphans' Courts of this Commonwealth, such court shall have authority to decree that the share or purpart of the widow of such decedent in the whole of said real estate, together with the interest thereof, shall be and remain charged on one or more of the said tracts or pieces of land, in the manner and for the purposes now provided by law, and that the remaining tracts or pieces of land PARTITION. 741 shall be wholly discharged from the share or purpart of such widow, or any part thereof : Provided, That the pieces or tracts of land, upon which such purpart or share shall be so charged as aforesaid, shall, in the opinion of such court, be fully sufficient to secure the payment of the principal and interest of such purpart or share : And provided, further. That such widow, and the parties entitled to such purpart or share, at her death, shall have the same remedies for enforcing and recovering their respective interests in the same, as they now have by law. (Act January 7, 1867, §1, P. L., 1367.) § 4876 Commissioners May bs Appointed in York and Fayette Counties to Value Widow's Dower. The Orphans' Court of York and Fayette counties shall have power, in all cases of testacy, on the petition of the widow, if living, or in case of her death subsequent to that of her husband, on the petition of her personal representative, to appoint three commissioners, or to award an inquest in their discretion, for the purpose of making partition or valuation, as the case may require, of the dower of the widow in the real estate of such deceased hus- band ; and the said court shall have power to make such decree thereon as shall secure the interest of such widow, or her represent- ative, in the premises, as to law and equity may appertain. (Act February 13, 1867, §1, P. L., 160.) § 4877 Widow's Share of Purchase Money May Re- main in Hands of Purchaser — Interest to be Paid, to be Recovered by Distress, etc. When a decree for the sale of real estate shall be made by the Orphans' Court, in the event provided for in the preceding section, the court shall direct that the share of the widow, if there be one, of the purchase money shall remain in the hands of the purchaser during the natural life of the widow, and the interest thereof shall be annually and regularly paid to her by the purchaser, his heirs and assigns, holding the premises, to be recovered by distress or otherwise as rents are recoverable in this Commonwealth, which the said widow shall accept in full satisfaction of her dower in such premises ; and at her decease heir share of the purchase money shall be paid to the persons legally entitled thereto. (Act March 29, 1832. §43' P- L., 203.) 742 PARTITION. §4878 Widow Electing to Take Against Her Hus- band's Will is Entitled to Same Share in His Estate as if He Had Died Intestate. In case any person has died, or shall hereafter die, leaving a widow and last will and testament, and such widow shall elect not to take under the will, in lieu of dower at the common law, as heretofore, she shall be entitled to such interest in the real estate of her deceased husband as the widows of decedents dying intestate are entitled to under the existing laws of this Commonwealth. (Act April 20, 1869, §1, P. L., 77.) § 4879 Where Widow Elects to Take Against the W^ill, the Orphans' Court May Make Parti- tion on Her Application, or on the Petition of Any Party Interested. The Orphans' Courts of the several counties of this Common- wealth in which the real estate of such decedent is situated shall have power, on the application of the widow or any one interested, to award an inquest to make partition of the same, and to decree the allotments thereof made, or in case of refusal to accept, to order a sale thereof, and secure the interest of the widow and all" others interested, in the same manner and with like force and effect as is now provided by law in the partition of the real estate of persons dying intestate. (Ibid, §2.) A widow who refused to take under her hus- band's will, petitioned the Orphans' Court in 1867, for partition to set out her dower. After an inquest had been awarded, the executor applied for and obtained a stay of proceedings in order that he might sell for payment of debts. He obtained an order for that purpose, but never sold. The widow, in 1870, presented another petition, in which she recited all former proceedings and prayed the court to revoke the stay of proceedings in partition. Held, that under the Act of 1869, the court had jurisdiction to proceed, although there was no assent of the parties interested. PARTITION. 743 the petition of 1870 being treated as a petition denovo in order to bring the proceedings within the Act of 1869. Neeld's Appeal, 70 Pa. St., 113 (1871). §4880 Widow's Interest Should be Secured by Orphans' Court Decree. The interest of the widow should be secured by the decree of the Orphans' Court. Gidding 's Appeal, *8i Pa. St., 72 (1871). §4881 Payment May be Enforced by Distress. The widow of a deceased heir may enforce pay- ment of her interest charged upon a purpart in par- tition proceedings, by warrant of distress, under the Act of March 29, 1832, §41. Baker vs. Leibert, 125 Pa. St., 106 (1889). Paxson, J.: "Where the dower of the widow is "lawfully assigned or secured to her, whether by the " Orphans' Court, the Court of Common Pleas, or by " the agreement of the parties in interest, the dower or " annual interest due the widow, may be recovered by " distress. Murphy vs. Borland, 92 Pa. St., 89 ; Bor- " land vs. Murphy, 4 W. N., 472 ; Evans vs. Ross, 107 "Pa. St., 231." § 4882 W^idow's Right to Mansion-House. The widow has the right to have her one-half, including the mansion-house, set apart to her, if it can be done without prejudice to the rest, although the remainder cannot, without prejudice, be actually divided among the other heirs. The share of the widow may be confirmed to her, prior to the final adjustment of the rights of the heirs to the other half of the land. Poundstone vs. Everly, 3 1 Pa. St., 1 1 (1854). 744 PARTITION. W^here there are a widow and collateral heirs only, and the estate cannot be divided and is not taken at the appraisement, it may be sold. The Act of 1833, providing that where there are none except collateral heirs, the widow shall take the mansion-house, applies to cases of actual partition only. Poundstone vs. Everly {supra), was said to have not been well considered. Mc Call's Appeal, 56 Pa. St., 363 (1867). § 4883 Widow's Interest Remains a Lien, Though Not Specially Charged by Order of the Court. The widow's interest, though not specially charged by order of the court, remains a lien upon the land, and where the premises were conveyed by the heirs and subsequently sold at Sheriff's sale under an exe- cution against the grantee, it was held that the pur- chaser at the Sheriff's sale must pay the widow's share in addition to the amount of his bid. The arrears of interest were held payable from the proceeds of the .Sheriff's sale. KLine vs. Bowman, 19 Pa. St., 24(1852); Shertzer vs. Herr, Id., 34 (1852) ; Dickinson vs. Beyer, 87 Id., 274 (1878). The widow's interest is an estate in the land. It cannot be divested, except with her consent, in such way as to pass her estate. Diefenderfer vs. Eshelman, 113 Pa. St., 305 (1886). § 4884 Land Cannot be Assigned Free from its Charge. The court has no power to assign the land to the party taking it, or to a purchaser, free from the charge of the widow's interest. Karstein vs. Bauer, 4 Penny., 366 (1884). TARTITION. 745 § 4885 Lien of Judgment to Secure Dower Interest is Not Discharged by Sheriff's Sale. The lien of a judgment, given to secure the dower interest, is not discharged by a Sheriff's sale upon a vend. ex. for arrears of interest. Tospon vs. Sipe, 1 16 Pa. St., 588 (1887). § 4886 Purpart Taken at Valuation is Subject to \A^idow's Interest and to Payment of Other Heirs' Shares of Principal at Her Death. A son accepting land of the father at a valuation, holds it subject to the widow's interest and to the pay- ment of the shares of the other children in the prin- cipal at her death. Reigle vs. Seiger, 2 P. & W., 340 (1831). § 4887 In Such Case, the Heir Accepting Has No Interest in Principal at 'Widow's Death. In Steckel vs. Koons, 102 Pa. St., 493 (1883), an estate was divided by partition proceedings in two parts, charged with the dower interest of the wife of decedent, to be paid to her for life and on her death to her two children, each of whom had accepted a pur- part under the partition. Then one heir conveyed to the other his purpart, subject to said dower interest, but without reservation as to the principal, and it was held, the vendor and vendee in the principal sum so charged were paid by operation of law. § 4888 Principal Divisible Among Heirs Only When Land Divided Into Less Parts Than There Are Heirs. Where in partition proceedings, under the Act of 1807, each heir takes his purpart, subject to ^ pro rata 746 PARTITION. share of the widow's dower, no heir has any claim upon another, upon the widow's death, for any part of the principal of the widow's share. The act providing for a distribution of the prin- cipal among the heirs, after the widow's death, applies only where the land is divided into less parts than there are heirs. Williams vs. Whi^e, 35 Pa. St., 514 (i860). § 4889 Where ^Vidow's Death Occurs Between Levy and Sale of the Land Charged, Lien is Dis- charged. Where land charged with the widow's third was levied upon, and the death of the widow occurred between the levy and the sale, it was decided that the Sheriff's vendee took the land discharged of the lien. Riddles Appeal, 37 Pa. St., 177 (i860). § 4890 Sale of the Land. Where none of the parties accept the land at its valuation, or any purpart thereof be refused, it is neces- sary to obtain an order for sale. §4891 Upon Neglect or Refusal of Parties to Take at the Valuation, Rule to Show Cause Why Land Should Not be Sold Shall be Granted — To be Returnable as Court May Direct. Upon an appraisement or valuation of real estate made as is hereinbefore provided, should all the heirs neglect, after due notice, or refuse to take the same at the valuation, the court shall, on the application of any one of the heirs, grant a rule upon the other heirs and others interested, to show cause why the estate so appraised should not be sold ; which rule shall be returnable at the next regular session of the court, or at such subsequent period as the court, having respect to the circumstances of the case, may PARTITION. 747 direct ; and notice of such rule shall be given in the manner pro- vided in this act for other notices to heirs ; on the return of such rule, tlie court may, on due proof of notice to all persons interested, make a decree authorizing and requiring the executor or adminis- trator, as the case may be, to expose such real estate to public sale, at such time and place, and on such terms as the court may decree : Provided, That the rule to show cause herein directed may be dis- pensed with by the court, on the application of all the heirs if of full age, and of the guardians of such as are minors, for such decree, and notice of such sale shall be given by the executor or adminis- trator, in the manner provided in this act for other notices of sale. (Act March 29, 1832, §42, P. L., 203.) § 4892 Upon Refusal of Parties to Take, the Court May Order the Real Estate to be Sold. When, upon any proceedings in an Orphans' Court, an appraise- ment or partition of real estate is made by an inquest of seven or more persons appointed by the court, the said court shall, upon the refusal of any of the heirs or parties interested to accept any part of the same at the valuation thereof, or if after due notice they shall neglect to appear and accept the same, make a decree author- izing and requiring the executor or administrator, or other person, as the case may be, to expose such parts of the real estate not accepted as aforesaid, to be sold agreeably to the provisions of the Act of Assembly passed the twenty-ninth of March, 1832. (Act April IS, 1845, §1, P. L., 458.) § 4893 Form of Order of Sale. O. C. Term, . No. Estate of , deceased. Sur rule upon the parties in interest to accept or refuse to take the properties at the valuation put upon them by the inquest, or show cause why the said real estate should not be sold in case said parties should neglect or refuse to take the same at the valuations aforesaid. 748 PARTITION. And now (date), it appearing to the court that due notice of the above rule was given to all parties in interest, to wit : and , who are all the parties to the original petition, and the said parties not appearing in answer to the said rule, and no cause being shown against a sale, It is, on motion of A. B., pro petitioners, ordered and decreed that , surviving executor of , deceased, expose the said real estate, from time to time, to public sale in the , and that he sell the same, subject to the confirmation of the court, upon the following terms, to wit : one hundred dollars to be paid in cash on each property when struck off, and the balance of the purchase money to be paid upon the confirmation of the sale by the court, and the execution and delivery by the said executor of the deed therefor. Notice of said sale to be given according to the directions of the statutes in such case made and provided. And it is further ordered that said sales shall be clear and dis- charged of all claim by any of the parties to these proceedings. All parties to be at liberty to apply to the court, as occasion shall require. If there be a widow, the order of sale in Phila- delphia must contain a condition in compliance with the rule of the Orphans' Court. §4894 The Orphans' Court of Philadelphia Has Adopted the Following Rule as to the Widow's Share. Decrees for the sale of real estate in partition shall in all cases be subject to the provisions of the Act of Assembly of March 29, 1832, §43, relative to the .share of the widow, if there be one, taking under the intestate law; and the order of sale shall set forth, in accordance with said act, that " the share of the widow, '• if there be one, of the purchase money, shall remain in the hands " of the purchaser during the natural life of the widow, and the " interest thereof shall be annually and regularly paid to her by the "purcha-ser, his heirs and assigns, holding the premises, to be " recovered by distress or otherwise, as rents are recoverable in this " Commonwealth, which the said widow shall accept in full satis- " faction of her dower in such premises; and at her decease, her PARTITION. 749 "share of the purchase money shall be paid to the persons legally "entitled thereto;" and it shall be the duty of the Clerk to see that this rule is complied with. (Rule ii, §2.) §4895 Land Cannot be Sold Until All the Heirs Refuse to Take. The Orphans' Court cannot direct a sale of real estate which has been appraised, until all the heirs have refused or neglected to take the same at its valuation. Gregg s Appeal, 20 Pa. St., 148 (1852). See Brews. Prac, Vol. II, §§2042, 2043. § 4896 Trustee to be Appointed to Execute Order of Sale, AVhere There is no Administrator or Executor, or the Latter Refuses to Act. Whenever any real estate shall be ordered to be so sold under proceedings in partition, the Orphans' Courts are hereby authorized and required, in case of the neglect or refusal of the executor or administrator to execute such order, or in case there be no executor or administrator, to appoint some suitable person trustee for the pur- pose of making such sale ; who shall be subject to the same restric- tions, and have the same powers, and whose proceedings shall have the same effect, to all intents and purpose, as are provided in the case of such sales by executors or administrators. (Act February 24> 1834, §44. P- L., 81.) § 4897 Form of Petition for Appointment of Trustee, Upon Refusal of Executor or Administrator to Act. In the Orphans' Court of Philadelphia County. Term, . No. In the matter of the estate of A. S., deceased. To the Honorable, the Judges of said Court : The petition of and respectfully represents : I. That your petitioners have instituted proceedings in parti- tion in the above estate. 750 PARTITION. II. That , your Honorable Court, upon the return of the rule to accept or refuse, awarded an order of sale directed to the surviving executor of said estate. III. That the said executor, by a writing hereto attached marked '-A," has refused to execute such order. Wherefore, your petitioners pray your Honorable Court to appoint , trustee for the purpose of making such sale. And your petitioners will ever pray, etc. (Signed) J. W. L. W. (Affidavit.) DECREE. And now, , on consideration of the foregoing petition and on motion of A. B., /ro petitioner, it is ordered and decreed that the prayer of the petition be granted and that be appointed trustee for the purpose of making sale of said real estate. Said trustee to be subject to the same restrictions and to have the same powers, and the proceedings to have the same effect, to all intents and purposes, as if made by said surviving executor. Return of sale to be made to the court for confirmation. "A." Philadelphia (date). O. C. Term, . No. Estate of , deceased. I refuse to execute the order of sale in the above estate. (Signed) C. P. Executor. Witness." § 4898 Stranger Should Not be Appointed Unless Cause Exists for Not Appointing Executor or Administrator. In Neeld's Appeal, 70 Pa. St., 113 (1871), the Orphans' Court appointed a stranger as trustee to make sale in partition. Held, That the court had discretion to make the appointment, notwithstanding there was an executor, it not appearing on the record PARTITION. 751 that there was a gross and palpable abuse of such discretion. Pyles Appeal, i Penny., 71 (i 881), is to the same effect. In Taylor' s Appeal, 119 Pa. St., 297 (1888), it was held that the appointment of a stranger, there being an executor who appeared in court and tendered security, was a disregard of the provisions of the statute, no reason being shown why the executor should not be appointed. § 4899 'When Sale to be Made by Administrator d. b. n. c. t. a. Where a wife, the owner of the land, devised the same to her husband's appointees, it was held that the order of sale should be executed by the administrator d. b. n. c. t. a. of the wife, and not by the husband's executor. Rawles Appeal, 119 Pa. St., 100 (1888). § 4900 Real Estate Sold After Two Years From Grant of Letters, Not to be Liable for Decedent's Debts. Whenever the real estate of a decedent, or any part thereof, shall be sold by an executor or administrator, by virtue of an order of an Orphans' Court having jurisdiction, under proceedings in partition, such real estate shall not be liable, in the hands of the purchaser, to the debts of the decedent, provided such sale be made after the expiration of two years from the granting of letters testamentary or of administration. (Act February 24, 1834, §42, P. L., 81.) See, also. Act June 8, 1893 (P. L., 392). Land of a decedent which had previously been adjudged to an heir under partition proceedings, was sold under an order of the Orphans' Court for the payment of the decedent's debts. Held, That the title of the purchaser at the sale was superior to that 752 PARTITION. of the heir ; the lien of debts remaining when the land was sold. Dresher vs. Water Co., 52 Pa. St., 225 (1866.) § 4901 Title of Purchaser at Bona Fide Sale Not to be Affected by Subsequent Revocation of Let- ters Testamentary or of Administration. In all cases of bona fide sales under the order of and confirmed by the Orphans' Court, the title of the purchaser shall not be affected by the subsequent revocation of the letters testamentary or of administration of the executor or administrator making such sales, and purchasers of real estate sold under orders of the Orphans' Court shall, after the confirmation of the sale and the execution and acknowledgment of the deed, have aright to proceed to obtain possession of the purchased premises, in the same manner as is now provided in relation to purchasers at Sheriff's sales. (Act April 9, 1849, §16, P. L., 527.) § 4902 Where Trustee Dies After Sale, but Before Execution of Deed, the Same to be Exe- cuted by the Administrator of the Decedent or of the Trustee, or by Clerk of Orphans' Court. In all cases of sales heretofore made, as well as in all cases of sales hereafter made, by a trustee appointed by the Orphans' Court of any county within this Commonwealth, to make sale of real estate, after proceedings in partition, and where such sales have or shall be held under such order, and the said trustee shall be removed by the court, or has or shall die, or become insane, or otherwise incapable of acting, before a conveyance is made to the purchaser ; on the purchaser, or the succeeding admin- istrator of such decedent, or on the administrator of such trustee petitioning the court, it shall be lawful for the admin- istrator of the decedent whose estate was sold, or for the administrator of the trustee, after giving security, to be approved of by the said court, for the faithful appropriation of the proceeds of such sale, to execute and deliver to the purchaser a deed of con- PARTITION. 753 veyance for the estate so sold, on the purchaser's full compliance with the terms and conditions of sale ; but if, within three months, there be no succeeding administrator or administrators of such trustee, having given security as aforesaid, it shall be the duty of the Orphans' Court, on the petition of the purchaser, to direct the Clerk of the Orphans' Court to execute and deliver to the pur- chaser the necessary deed of conveyance on his full compliance with the. terms and conditions of sale, paying into court the moneys payable, and delivering to the Clerk the securities required by said terms and conditions, which moneys and securities shall remain subject to the disposition of the court. Every deed made in pur- suance of and agreeably to the provisions of this act, shall vest the property therein described in the grantee, as fully and effectually as if the same had been made by the persons who may have sold any such estate circumstanced as aforesaid. (Act April 9, 1849, §4. P- L., 525-) § 4903 Form of Petition of Trustee for Leave to Bid at Sale. Should the trustee desire to bid upon the prop- erty, he should present the following : Petition for Leave to Bid. In the Orphans' Court of Phh.adelphia Countv. Term, . No. 100. In the matter of the estate of A. S., deceased. To the Honorable, the Judges of the said Court : The petition of F. S. respectfull)- represents : I. That proceedings in partition have been instituted in the above estate. II. 'J'hat your Honorable Court, upon the return of the rule to ai.cept or refuse, awarded an order of sale, directed to the surviving executor of said estate. III. That the said e.Kecutor refused to execute such order. IV. That your petitioner was thereupon appointed trustee for the purpose of making such sale. V. That your petitioner is the widow of said .V. -S., deceased. 754 PARTITION. VI. That your petitioner is desirous of bidding at said sale and of entering into competition with such other persons who may bid at said sale for the properties Nos. and , Street, Philadelphia, said properties being a portion of the real estate of said decedent to be sold at said sale. VII. That the other heirs of the said A. S. are aware of your petitioner's wish to bid as aforesaid and are willing that such authority may be given to her. VIII. Wherefore, your petitioner prays your Honorable Court that permission be given her to bid as aforesaid. And your petitioner will ever pray, etc. (Signature of petitioner.) City and County of Philadelphia, ss. : F. S. , the above petitioner, being duly sworn according to law, deposes and says that the facts set forth in the foregoing petition are true and correct. Sworn to and subscribed be- -j fore me, A. D. V (Signature of petitioner.) 1888. 3 DECREE. And now, , upon consideration of the foregoing peti- tion and on motion of A. B., j^ro petitioner, it is ordered and decreed that the prayer of the petition be granted and that F. S. have leave to bid at the sale of said properties of said A. S., deceased, for the properties Nos. and , Street, Philadelphia, the purchase so made not to be confirmed without notice to and assent by the other parties in interest. (Signature of Judge.) § 4904 Re-sale May be Ordered. The court may at any time before confirmation of the sale order a re-sale if thereby more money can be obtained for the land. Hay s Appeal, 5 1 Pa. St., 58 (1865). See Brews. Prac, Vol. II, §2042. PARTITION. 755 § 4905 Form of Petition for Re-sale. In the Orphans' Court of Philadelphia. County. In the matter of the estate of A. S., deceased. Term, . No. To the Honorable, the Judges of the said Court : The petition of W. S. respectfully represents : I. That he is a son and heir of the said A. S., deceased, and interested in his estate. II. That proceedings in partition having been instituted in the said estate, the same were so proceeded in that upon the . , F. S., trustee for the purpose of making sale of the real estate of said decedent, exposed for sale in accordance with an order of your Honorable Court, made , the premises marked No. 2 B in said order, and therein described. III. That at said sale J. M. became the purchaser of said prem- ises, for the price or sum of IV. That said price or sum of is totally inadequate and insufficient for the said premises. V. That your petitioner is willing to bid at least ten per cent, in excess of said , if a re-sale be ordered, and to abide the decrees of the court in relation thereto. Wherefore your petitioner prays your Honorable Court to award a citation directed to the said J. M., and to F. S., C. S., L. W. and E. K., being the other parties in interest in said estate, to show cause why the said sale of said premises should not be set aside, and a re-sale thereof ordered. And your petitioner will ever pray, etc. (Signature of petitioner.) (Affidavit of truth of petition.) DECREE. And now (date), upon consideration of the foregoing petition and on motion of C. Ti., pro petitioner, it is ordered and decreed that a citation be awarded, directed to J. M., F. S., C. S., L. W., and E. K. , to show cause why the sale of the premises marked No. 2 B in said order of sale, shojild not be set aside, and a re-sale thereof ordered. (Signature of Judge.) 756 PARTITION. It is likely that the purchaser will file an answer to this petition. § 4906 Form of Purchaser's Answer. (Caption.) The separate answer of J. M. to the citation issued to him sur petition of W. S. , to set aside sale of premises on the side of street, east of street, in the City of Phila- delphia, respectfully showeth : That the matters set forth in the first, second and third para- graphs of said petition are true ; that the statement made in the fourth paragraph is not true ; that at the said sale, there being a large attendance, said [jremises were offered for sale and after active com- petition therefor, participated in by the parties in interest in said estate or th6ir representatives, the same were sold to this respondent, he being the highest and best bidder, and the price of being the highest and best price offered for the same ; that other property in the same square belonging to same estate was sold the same day to one of the heirs at a lower rate than the property in question ; that your respondent is and has been ready and willing to comply with the terms of sale, and has deposited one hundred dollars as earnest money with the auctioneers who conducted the sale. He therefore prays your Honors to confirm said sale and order* and direct the said trustee to convey said premises to your respondent. And he will ever pray, etc. J. M. (Affidavit.) If the court be satisfied that the property at a re-sale will bring more than the original bid, the sale will be set aside upon the petitioner's entry of security to bid at a re-sale in an amount in excess of the sum offered at the first sale. PARTITION. 757 § 4907 Form of Decree Setting Aside Sale, and Order- ing Re-sale. (Caption.) And now, , upon consideration of the petition of W. S., the answer of J. M., and on motion of A. B., pro petitioner, it is orderedand decreed that the sale of premises No. 2 B. in the order of sale to J. M. be set aside and a, re-sale thereof ordered upon the terms and conditions set forth in said order of sale and that F. S., trustee, pay to said J. M. the amount of earnest money- paid by him upon account of said sale. Security to be entered by said W. S. before , in the sum of dollars, conditioned for the performance by him of his agreement to bid at said re-sale of said premises in an amount equal to at least per cent, in excess of said dollars bid by the said J. M. §4908 When Title May be Disputed. In an action of ejectment it was held competent to prove that the title of the plaintiff's grantee, to whom the land had been confirmed by the Orphans' Court in partition, was held subject to a trust created by an agreement between such grantee and other heirs. Bavington vs. Clarke, 2 P. & W., 115 (183a). § 4909 Title Cannot be Attacked Collaterally. A decree in partition by the Orphans' Court is conclusive, and in an action of ejectment against a party who has had the land allotted to him, will sustain his title. Herr vs. Herr, 5 Pa. St., 428 (1846); Lair vs. Hundcker, 28 Pa. St., 115 (1857). A proceeding to have partition in the Orphans' Court is a proceeding in rem. The status of the prop- erty, the fact of the owner dying seised and intestate, give jurisdiction. No error in the judgment of a court of competent jurisdiction, no matter how gross, and 758 PARTITION. although palpable on the record itself, can be revised or corrected by another court collaterally. {Ibid) Merklein vs. Trapnell, 34 Pa. St., 42 (1859). The decree Is conclusive only as to the land embraced within it. Ihmsen vs. Ormsby, 32 Pa. St., 198 (1858) § 4910 Return to Order of Sale— Confirmation. The property having been sold, the trustee should make return to the court. Form of Return. In the Orphans' Court for Philadelphia County. In the matter of the estate of A. S., deceased. Term. No. To the Honorable, the Judges of the said Court : The return and petition of F. S., trustee for the purpose of malting sale of the real estate of A. S., deceased, respectfully repre- sents : 1. That pursuant to an order made by your Honorable Court, upon the , having first given due and legal public notice by handbills and advertisement during at least twenty days, she did, by , auctioneers, upon , at the Philadelphia Exchange, northeast corner of Third and Walnut Streets, Philadel- phia, at 12 o'clock noon of said day, expose the real estate in the said order of sale particularly described, to public sale at auction. 2. That at said sale, A. B., of Philadelphia, becan.e the pur- chaser of said premises in said order of sale of (date), and in the annexed printed handbill described, to wit : (Here give descrip- tion of property sold to A. B.), for the price or sum of , he being the highest bidder and that being the highest and best price bid for the same. (Add similar averments as to each other property sold.) Your petitioner therefore prays that the aforesaid sale of said premises to be confirmed and stand valid and stable to tliem, their heirs and assigns forever, and that upon the giving of security by )'our petitioner and upon receipt of the amount of said PARTITION. 759 purchase money by him that he execute to said deeds of conveyance of said premises so as aforesaid purchased by them. And your petitioner will ever pray, etc. (Affidavit.) (Attach printed handbills and order of sale. ) DECREE. And now, , upon consideration of the foregoing return to order of sale of , and petition for confirmation, and on motion of C. T)., pro petitioner, it is ordered isxd. decreed that the prayer thereof be granted, and that the sale of said premises in said order of sale and in said printed handbill to said petition annexed described, to wit : (Describe property), to the said , for the price or sum of dollars, be confirmed and stand firm and stable to him, his heirs and assigns forever, and that upon receipt of the purchase money for the same by the said F. S., trustee, that she shall and do execute to said a deed of conveyance of said premises so as aforesaid purchased by him. (Add similar orders as to each property and conclude : Secur- ity to be entered in the sum of dollars, to be approved by the court.) If there be a widow, the order of confirmation will follow the order of sale. [Supra.) Where the trustee purchases at his own sale, the return will contain an averment similar to the follow- That your Honorable Court having authorized your petitioner to bid at said sale, he became the purchaser of said premises second described and marked No. 2 in said order of sale and being marked in the annexed printed handbill and hereinbefore described, for the price or sum of dollars, he being the highest and best bidder, and that being the highest and best price bid for the same. Where any portion of the property was unsold for want of a sufficient bid the petition should aver : — That no sufficient bid being received for the other premises described and mentioned in said order of sale as Nos. i and 3, at the request of the parties in interest in the said partition your peti- tioner withdrew the same from sale. 760 PARTITION. In a proceeding where both the above conditions exist and the remainder of the property was duly sold, the prayer should be as follows : — Your petitioner, therefore, prays that the aforesaid sales of said premises to the said be confirmed and stand valid and stable to them, their heirs and assigns forever, and that upon the giving of security by your petitioner and upon the receipt of the amount of said purchase money by her, that she execute to said deeds of conveyance of said premises so as aforesaid pur- chased by them, and that the Clerk of the Orphans' Court of Phila- delphia County execute to your petitioner a deed of conveyance ot said premises so as aforesaid purchased by her under authority of your Honorable Court ; and she hereto attaches the written assent and ratification of the other parties in interest to said sale made to her. And your petitioner further prays your Honorable Court to order and direct that she again expose to public sale at the Philadel- phia Exchange in the City of Philadelphia aforesaid, the before- mentioned premises described in said order of sale as Nos. i and 3, in said order of sale, at such time or times as she may deem most expedient : Provided, That said time or times do not exceed six months from the date of said order of sale, and that she make return of her doings therein to this Honorable Court after such exposure to public sale of said premises. And your petitioner will ever pray, etc. The following paper will be annexed to the above petition : We, the undersigned, being the other parties in interest in the estate of A. S., deceased, hereby assent to the purchase by F. S., of the premises No. , Rockland Street, Philadelphia, and agree to the confirmation of said purchase by the Orphans' Court. (Signed by all other parties in interest.) The decree will follow the above petition, and will order the Clerk of the Orphans' Court to execute the deed for the property purchased by the trustee, and that the latter again expose to sale the properties returned unsold. PARTITION. 761. §4911 Orphans' Court May Appoint an Auditor and May Distribute Proceeds of Sale Among Creditors of Parties Interested. In all cases where, in consequence of proceedings in partition, the share or any part thereof, of an heir, in real estate, shall be con- verted into money, either by reason of the impracticability or inequality of partition, or by virtue of a sale or otherwise, the Orphans' Court, before making a final decree confirming the parti- tion or sale as aforesaid, may appoint a suitable person as auditor, to ascertain whether there are any liens or other incumbrances on such real estate, affecting the interests of the parties ; and if it shall appear by the report of such auditor or otherwise, that there are such liens, the said court may order the amount of money which may be payable to any of the parties against whom liens exist, to be paid into the court, and shall have the like power as to the distribution thereof among the creditors or others, as is now exercised by the courts of common law, where money is paid into court by Sheriffs or Coroners ; and where recognizances- or other security shall be given for the payment of money, the court may make an order on the party giving such recognizances or other security, to pay the amount thereof into court, when the same shall become due, to be distributed in like manner among the persons holding liens at the time of the partition. (Act March 29, 1832, §49, P. L., 206.) §4912 Before Distribution of Proceeds of Sale, Re- funding Bonds to be Given. 'Before any distribution of the proceeds of such real estate shall be made among the kindred of the decedent, the persons entitled to receive the same shall respectively give sufficient real or personal security, to be approved of by the Orphans' Court having jurisdiction, with condition that if any debt or demand shall be afterwards recovered against the estate of the decedent, or otherwise be duly made to appear, they will respectively refund the ratable part of such demand, and the costs and charges attending the recovery of the same, so far as such real estate would have been liable to such demand if it had remained unsold ; but if the person or persons entitled to receive the same is or are unable to give the security aforesaid, then the money shall be put at interest, as directed in the forty-first section of this act. (Act February 24, 1834, §45, P. L., 82.) 762 PARTITION. In a partition proceeding, the administrators acting as trustees are not required to take refunding bonds upon distribution. Trausue Estate, 141 Pa. St., 170 (1891). §4913 In Cases of Partition, Purchaser May Pay Money Into Court for Distribution. The provisions of the nineteenth section of the Act of the twenty-fourth day of February, 1834, entitled, "An act relating to "executors and administrators," be and the same are hereby extended to all sales of real estate of decedent, made by virtue of an order of an Orphans' Court, under proceedings in partition, whether the said sales be made before or after the expiration of two years from the granting of letters testamentary or of administration, and the moneys arising from such sales shall be paid into court and distributed according to law. (Act March 27, 1865, §1, P. L., 45-) f 4914 The Court May Require Payment Into Court or May Make Such Order as May be Just. So much of the Act of Assembly, approved the twenty-seventh day of March, 1865, entitled, " An act relating to proceedings in " partition," as requires the money arising from such sales to be paid into court, be and the same is hereby modified so that the court may, in its discretion, require such payment, or may make such order as may be just in the premises. (Act April 28, 1868, §r, P-. L., 105.) If the administrator distribute the proceeds of the sale to an heir against whom a judgment is entered, the administrator is responsible to the judgment cred- itor. The proceeds should be paid into court and an auditor appointed. Lucas Appeal, 53 Pa. St., 404 {1866). PARTITIOx\. 763 § 4915 Trustee to File an Account of Proceeds of Sale. Upon the sale of any real estate by an administrator or trustee, after proceedings in partition in the Orphans' Court, it shall be the duty of the said administrator or trustee to file in the office of the Register of the proper county, an account of his said admin- istration or trusteeship, in the same manner as is now by law required in the settlement of the estates of decedents. (Act April u, 1863, §1, P. L., 341.) §4916 When Share of Proceeds of Sale in Partition Descends as Real Estate. Land of a decedent was sold under proceedings in the Orphans' Court. A daughter's share of the pro- ceeds was paid to her husband. She died, leaving her husband and three children, two of whom died intestate. Held, That the share of the deceased children was personalty and passed to the father. The share of the wife went to her children, subject to the husband's life estate. Hay s Appeal, 52 Pa. St., 449 (r866). Where an heir dies after an order of sale in parti- tion has been granted, but before its execution, his share descends as real estate. Ferree vs. Comm., 8 S.&R., 312 (1822); Withers Appeal, r4ld.,i85 (1826). And this, although the sale be confirmed, but the purchase money be unpaid and deed unexecuted. Erb vs. Erb, 9 W. & S., 147 (1845). Where A. being absent seven years and upwards, was presumed to be dead, his share of the proceeds of partition proceedings in his father's estate, paid to his trustee durante absentia, was awarded, upon the latter's account, . to A.'s children and not to his creditors. Esterlys Appeal, 109 Pa. St., 222 (1885). 764 PARTITION. §4917 Costs and Counsel Fees. See Association vs. Bank, 142 Pa. St., 121 (1891); following Grubb's Appeal, 82 Pa. St., 29 (1876), and see, also, Brews. Prac, Vol. II, §2048. § 4918 To be Paid by all Parties in Proportion to their Interests. The costs in all cases of partition in the Common Pleas or Orphans' Court of this Commonwealth, with a reasonable allowance to the plaintiffs or petitioners for counsel fees to be taxed by the court, or under its direction, shall be paid by all the parties, in pro- portion to their several interests. (Act April 27, 1864, §1, P. 'L.,. 641.) § 4919 Former Partitions, Otherwise Regular, Not to be Invalidated for Want of Jurisdiction. All proceedings heretofore had in the Orphans' Court of this Commonwealth, for the partitions of any testator's estate or estates, wherein partition hath been made, or the property taken at the valuation, or sold and conveyed under the order of such court, by executors or administrators, and the proceeds of such sales dis- tributed according.to the will of the testator, shall be considered and taken to be as valid and effectual as if such courts had had jurisdiction of the same. (Act April 13, 1840, §3, P. L., 320.) The- true intent and meaning of the third section of the act passed the thirteenth day of April, 1840, entitled, "A further "supplement to an act entitled, 'An act relating to Orphans' " 'Courts, passed the twenty-ninth day of March, 1832, and the " ' supplement thereto, passed the fourteenth day of April, 1835, " 'and "for other purposes,' " is hereby declared to be, that the title of persons to real property of decedents within this Common- wealth, heretofore acquired under proceedings in partition in the Orphans' Courts, if such proceedings were in other respects regular, shall not be impaired, or in any wise defeated or made void, by or upon any other proceeding in any court of this Commonwealth, by reason of such property or any part thereof having been devised by any such decedent to children or heirs generally, or to any one PARTITION. 76 s or more of them, or of other persons, if such devise to one or more had become lapsed, or had become forfeited for r.on-per- formance of any condition, or the devisee or devisees, for any reason, had refused to take or accept the same ; but all such titles so acquired shall be considered and taken to be as valid and inde- feasible as in cases of intestacy, unless the same have been invalidated by reversal of the decree or decrees awarding the same, upon appeal duly taken and prosecuted : Provided, That in all such cases, where the same has not already been done, and where the moneys have not yet been appropriated or paid, it shall be com- petent for the proper Orphans' Court, upon application made, to decree the payment of the amount of the valuation, or of the pro- ceeds of sale, to such person or persons as are, according to the last will and testament of the decedent, entitled thereto in law or equity. (Act April 25, 1850, §4, P. L., 570.) The provisions of the said third section of the Act of April 13, 1840, according to the meaning thereof, as declared by the first (fourth) section of this act, shall e.xtend to all cases which have heretofore arisen, and which may hereafter arise within this Com- monwealth. (Act April 25, 1850,- §5, P. L., 570.) See also Act of February 26, 1869, §1 (P. L., 4). {Supra.) In all cases in which there have been proceedings in any of the Orphans' Courts of this Commonwealth for the partition of real estate between one or more living co-tenants or tenants ii^ common, and the heirs, devisees or legal representatives of any decedent, who, at and before his or her decease, was a co-tenant or tenant in common with said living party or parties, and the same have been carried out by the di\ision of the realty, by the allot- ment thereof to one or more of the parties at the valuation, or by a sale thereof under the orders or decrees of such courts, all such proceedings are hereby declared valid and effectual as if the said Orphans' Courts had had full jurisdiction of the same : Provided, That the parties in interest have had the same notice required to be given in such cases where the court has jurisdiction. (Act May 13, 1876, §1, P. L., 172.) 766 PARTITION. § 4920 Partition Docket to be Kept— Fees, etc. It shall be the duty of the Clerks of the Orphans' Courts of the several counties of this Commonwealth, and they are hereby required to enter in a book to be procured for that purpose, to be called a partition docket, all the proceedings in partition in every case in their respective courts, from the commencement to the final judgment and decree thereon, and which shall be and the same is hereby made the record of said court. For which service such Clerks shall be entitled to receive the same fees as the Recorders of Deeds receive for recording, to be taxed and paid as part of the costs of such proceedings. (Act April 4, 1889, P. L., 23.) CHAPTER XVI. THE LIEN OF DECEDENT'S DEBTS. §4921 In Pennsylvania lands are liable to be taken in execution and sold for the debts of the owner. Imme- diately upon the death of a debtor his debts become a lien upon all his real estate. In order that those who succeed to the possession and ownership of lands may thereby be enabled to dispose of their property, it was necessary that this lien should be placed under certain regulations and limitations. Latent liens are not favored, and have been discouraged with us, where lands have frequently changed ownership in almost as rapid succession as if they had been goods and chattels. Great injustice, as well as inconvenience, must ever result from secret liens being permitted to continue without limitation under any circumstances whatever. Kennedy, J., Kerper vs. Hoch, i Watts, 9 (1832) ; Hepburn vs. Snyder, 3 Pa. St., 72 (1846). The Act of fourth April, 1797 (3 Bioren, 296), which was a supplement to the Act of nineteenth April, 1794 (Id., 143), provided as follows : Section IV. Whereas, inconveniences may arise from the debts of deceased persons remaining a lien on their lands and tenements an indefinite period of time after their decease, whereby bona fide 768 LIEN OF decedent's debts. purchasers may be injured and titles become insecure : Therefore, * * * no such debts, except they be secured by mortgage, judgment, recognizance, or other record, shall remain a lien on said lands and tenements longer than seven years after the decease of such debtor, unless an action for the recovery thereof be com- menced and duly prosecuted against his or her heirs, executors or administrators, within the said period of seven years, or a copy or particular written statement of any bond, covenant, debt or demand, where the same is not payable within the said period of seven years, shall be filed within the said period in the office of the Prothonotary of the county where the lands lie. Pfovided, always, That a debt due and owing to a person, who at the time of the decease of such debtor is a. feme covert, in his or her minority, lion compos mentis, in prison, or out of the limits of the United States, shall remain a lien on the said lands and tenements (not- withstanding the said term be expired), until four years after discoverture, or such person shall have arrived at the age of twenty- one years, be of sound mind, enlarged out of prison, or return into some one of the United States of America. While the time mentioned in this act for the com- mencement of an action or the fiHng of a statement has been changed from seven to five years by the Act of 1834, and from five to two by the Act of 1893, infra, yet the act in many other respects remains unchanged, and the decisions of our Supreme Court, based upon the construction of the old act, as well as the Act of 1834, will be found useful in construing the meaning and requirements of the Act of 1893. § 4922 Decisions Under the Act of 1797. A judgment originally obtained against a dece- dent's personal representatives will continue to be a lien for seven years. If revived within that period the lien will thereby be continued for five years longer. If either period elapse without a sci. fa. the lien is lost, LIEN OF decedent's DEBTS. 769 whether the lands be in the possession of the devisees or their grantees. Penn vs. Hamilton, 2 Watts, 53 (1833). That a decedent's debt did not remain a lien on his estate in the possession of an heir longer than seven years. Quigley vs. Beatty, 4 Watts, 13 (1835). If suit be brought within the seven years and duly prosecuted to judgment within that period, the lien will be extended to twelve years from the decedent's death. If the suit be commenced within the seven years, but judgment be not obtained until after that time, the lien will be continued till the expiration of five years from the date of the judgment, and may be indefinitely continued by a revival every succeeding five years. Duncan vs. Clark, 7 Watts, 217 (1838); Steel MS. Henry, 9 Watts, 523 (1840) ; Payne vs. Craft, 7 W. & S., 458 (1844); Trevor s Adm'rs. vs. Ellenberger s Excrs., 2 P. & W., 94 (1830). Where the record showed no proceeding except an action within seven years of the decedent's death, and the land was not brought into execution within the twelve years, the heir will take an absolute title at the expiration of that period. One who purchases at a Sheriff's sale, after the termination of the twelve years, upon a proceeding begun within the first seven, takes no title. Mausvs. Hmrtmel, 11 Pa. St., 228 (1849). The debts cease to be a lien at the expiration of seven years from the decedent's death. At the end of that period the lands of which he died seised can- not be made liable for payment of such debts. Seit- zinger \s. Fisher, i W. & S., 293 (1841). A judgment obtained against the personal repre- sentatives after the seven years have elapsed, and a 770 LIEN OF DECEDENT S DEBTS. levy and sale of the land, confer no title on the pur- chaser. Bailey vs. Bowman, 6 W. & S., 1 18 (1843). In Kerper vs. Hoch, i Watts, 9 (1832),- it was held that the Act of 1797 was a statute of limitation and repose, and protected not alone bona fide purchasers, but heirs and devisees and those who claimed under them. Where, nearly nine years after the intestate's death, suit was commenced and judgment obtained against his estate, it was decided that the holder of the judgment could not enforce it against the land which had been taken by a son under partition proceedings. This was followed in Commonwealth vs.Pool,6 Watts, 32 (1837), where it was held that an administrator may apply the proceeds of a partition sale to payment of debts not barred by lapse of time, but not to discharge a claim, the lien of which was lost. The purchaser is only bound to look to the record. The fact that he or the heir knows of the existence of a debt not of record makes no difference, nor that the heir agreed that the estate should be bound. Hemphill vs. Carpenter, 6 Watts, 22 (1837). It is immaterial at what period in the seven years, judgment is obtained — the lien extends to the end of twelve years without further proceedings than a suit against the personal representatives within the seven years. Corrigan s Estate, 82 Pa. St., 495 (1876). The Act of 1797 protects the estate in the hands of a bona fide purchaser, but not in the hands of an executor, who has himself become the purchaser, indi- rectly, in pursuance of a power in the will. Bruchvs. Lantz, 2 Rawle, 392 (1830). It will be remembered that the decisions above noted were under the Act of 1797. LIEN OF DECEDENT S DEBTS. 77 I § 4923 The Act of February 24, 1834, §24 (P. L., 77, Br. Purd. 525, §97), provides : No debts of a decedent, except they be secured by mortgage or judgment, shall remain a lien on the real estate of such dece- dent longer than five years after the decease of such debtor, unless an action for the recovery thereof be commenced and duly prose- cuted against his heirs, executors or administrators, within the period of five years after his decease, or a copy or particular written statement of any bond, covenant, debt or demand, where the same is not payable within the said period of five years, shall be filed within the said period of five years, in the office of the Prothonotary of the county where the real estate to be charged is situate ; and then to be a lien only for the period of five years after said bond, covenant, debt or demand becomes due. § 4924 The Act of June 8, 1893 (P. L., 392), changes the duration of decedent's debts to two years. It is as follows : That no debts of a decedent dying after the passage of this act, except they be secured by mortgage or judgment, shall remain a lien on the real estate of such decedent longer than two years after the decease of such debtor, unless an action for the recovery thereof be commenced against his heirs, executors or administrators within the period of two years after his decease, and duly prosecuted to judgment, or a copy or particular written state- ment of any bond, covenant, debt or demand, where the same is not payable within the said period of two years, shall be filed within the period of two years in the office of the Prothonotary of the county where the real estate to be charged is situate, and then to be a lien only for the period of two years after said bond, cove- nant, debt or demand becomes due. And it shall be the duty of the Prothonotary of said county, when a statement as aforesaid is filed in his office, to index the same in the judgment docket as other liens are indexed. 772 LIEN OF DECEDENT S DEBTS. § 4925 Court May Decree Real Estate to be Sold, Free From the Lien of Debts Not of Record. Section 2. It shall and may be lawful for any executor, administrator, trustee, or any party interested in the real estate of any decedent, to present his, her or their petition to any court having jurisdiction of the settlement of such estate, setting forth all the particulars, and also that there are just and reasonable grounds for believing that said decedent left no debts not of record, and that it is desirable to have the real estate of said decedent relieved from any lien now given by law for such debts. Section 3. It shall be lawful for said court having jurisdiction as aforesaid, to hear and determine the same, and shall have power to refer such petition to an examiner or master, whose duty it shall be to diligently inquire into the facts and circumstances alleged in any such petition, and report the same to said court, and the said court may in its discretion direct such notices to be given of such application either by publication or otherwise, as may be deemed necessary. Section 4. It shall be the duty of said court, upon being fully satisfied as to the truth and justice of the matters alleged in any such petition and application, to decree and direct that the real estate of any such decedent shall be held and enjoyed free and clear of any lien of debts not of record of said decedent. The Act of 1834 did not change the Act of 1797, except to substitute five years for seven, and ten years for twelve. Corrigan s Estate, 82 Pa. St., 495 (1876). § 4926 Decisions Under the Act of 1834. When Time Begins to Run. The time begins to run from the date of death, and not from the grant of letters. Demmy's Appeal, 43 Pa. St., 155 (1862). Meaning of " Diily Prosecuted^ A suit is " duly prosecuted " where the action for the decedent's debt is brought against the adminis- LIEN OF DECEDENT S DEBTS. 773 trator within five years and prosecuted to judgment within ten years from the decedent's death. Phillips vs. Railroad Co., 107 Pa. St., 472 (1884). Act Not Applicable to Judgments or Mortgages. The twenty-fourth section of the Act of 1834 applies only to debts not in judgment or mortgage. The issuance of a sci. fa. on a restricted judgment is not filing "a copy or particular written statement " of the debt or demand as directed by clause two of said section, and will not continue the lien of the judg- ment against other lands in the hands of the widow and heirs, than those it originally bound. McMurray s Admrs. vs. Hopper, 43 Pa. St., 468 (1862). General Rules as to Effect of Defendant' s Death Upon fudgment Against Him or His Estate. A judgment obtained against the estate of a dece- dent, after his death, loses its lien by lapse of time. Greenough vs. Patton, 7 Watts, 336 (1838). The lien of a judgment obtained in the lifetime of a decedent is lost if not revived within five years. Downey s Appeal, 2 Watts, 297 (1834). The lien of a judgment not revived, expires at the end of five years as against another judgment cred- itor, notwithstanding the death of the debtor before the termination of the five years. Fryhoffer v?,. Busby, 17 S. & R., 121 (1827). Sci. Fa. Issued in County of Administration Continues Lien Throughout State. A sci. fa. against the executors or administrators of a deceased debtor, duly prosecuted to judgment in the county where the administration was granted, con- tinues the lien of the debt on his real estate through- 774 LIEN OF decedent's debts. out the^ State. Brediti vs. Agnew, 8 Pa. St., 233 (1848). Real Estate Acquired by Defendant Between Judgment and Death Not Liable Without Sci. Fa. Against the Heirs. Judgment was recovered against one who after- wards purchased real estate and died. There was no revival of the judgment within five- years from the defendant's death. Held, That the judgment was not a lien on after-acquired real estate during the life of the owner, and at his death became a lien as a debt merely, and that the land in the hands of the widow and heirs was discharged from the judgment. Moore- head \s. McKinney, 9 Pa. St., 265 (1848). Land Bound, Though Aliened by Defendant Within Five Years After Judgment Against Him. Where the defendant dies within five years after judgment was entered against him, the lien of such judgment is continued as to land bound by it for five years after his decease, although he aliened the land after the judgment was rendered. If a sci. fa. be issued within five years of the defendant's death and served on the terre tenant, the lien will be continued as against such, .terre tenant. Nicholas vs. Phelps, 15 Pa. St., 36 (1850). Cases Where the Act was Enforced Against Creditors. In Welsh's Appeal, 10 Atlantic Rep., 34 (1887), the creditors were persuaded to postpone seUing the real estate for over five years from the decedent's death, but nothing was said to them which would induce them to forbear to file liens, nor was any prom- ise made th^t the lien of their debts should continue. LIEN OF DECEDENT S DEBTS. 775 Held, that such lien was not extended beyond the five years. In Klinkers Appeal, i Wh., 57 (1836), A. exe- cuted a note under seal, promising to pay B. a certain sum, when C. (an infant) should reach the age of twenty-one, with interest annually, "in trust for the "use of said C." Held, that a copy of the instrument not having been filed, according to the Act of 1797, the lien of the debt was gone at the end of seven years from A.'s death. A decedent's debts cease to be a lien against his real estate after five years, notwithstanding he made a voluntary conveyance of it in his lifetime to defraud his creditors. Shorman vs. Bank, 5 W. & S., 373 (1843). The lien will not be prolonged because an admin- istrator advanced his own funds to pay the debts of his decedent within five years from his death. Where, after five years from the decedent's death, an order was granted to sell real estate for payment of a balance due the administrator upon settlement of his accounts, it was held that the administrator was entitled to receive dnly the amount expended for services in the settlement of his accounts, and the sums credited in his accounts as paid by him upon judgments recovered against himself as administrator within five years from the time of the decedent's death. Demmys Appeal, 43 Pa. St., 155 (1862). Though the executor pay the debts out of his own funds, the right of the devisees to hold the land discharged from their lien, through lapse of time, is unimpaired. Loomis Appeal, 29 Pa. St., 237 (1857). Where suit is brought and judgment obtained before a Justice of the Peace, the creditor must file a 776 LIEN OF decedent's debts. transcript in the Prothonotary's office within the five years. Wilkinson s Estate, 7 Luzerne L. Register, 12 (1877). An administrator who holds a debt against his intestate, is not exempt from the requirements of the act. Clausers Estate, i W. & S., 208 (1841). The holder of a simple contract debt who lies by for twelve years without action against the devisees, loses his lien. Loomis' Appeal, 29 Pa. St., 237 (1857). In 1853 a surety upon an administration bond died. In 1869 default was made in distribution. In 1875 judgment was recovered against the surety's administrators and a sci. fa. was issued to charge his real estate. No suit having been commenced or copy of statement filed against the surety within five years from his death, it was held that there was no lien. Commonwealth v?: Severn, 11 Phila., 310 (1876). The death of the terre tenant does not revive or continue the lien of a judgment against the former owner of real estate. Such terre tenant is not the debtor of the holder of the judgment, and section twenty-five of the Act of February 24, 1834, is inap- plicable to such a case. Judson vs. Lyle, 8 Phila., 98 (1871). The presentation before an auditor and proof of a claim against a decedent's estate does not constitute an "action" within the meaning of the Act of 1834, and does not extend the lien on the real estate of the decedent. Craig s Appeal, 5 W. N., 243 (1878); Bind- ley s Appeal, 69 Pa. St., 295 (187 1). Substituting the defendant's administrator in an action pending at the decease of defendant, is a suffi- cient commencement of an action to continue the lien LIEN OF DECEDENT S DEBTS. 777 on the real estate. Bredin vs. Agnew, 8 Pa. St., 233 (1848). The decedent died in 1857. In 1858 and i860 part of his land was sold to pay debts. In 1863 another portion was sold for the same purpose, one of the debts being a judgment a.gainst the decedent in his lifetime. The proceeds of the last sale, after payment of the judgment creditor, were held to be dis- tributable to the heirs, in exclusion of the common creditors. Their liens had expired and the previous orders of sale within the five years did not extend them. Bindley s Appeal, 69 Pa. St., 295 (187 1). A mechanic's Hen is not a judgment and its lien will not be extended beyond five years by reason of the death of the owner of the building within that period. Hershey vs. Shenk, 58 Pa. St., 382 (1868). In 1869, A., B. and C. made a mortgage upon cer- tain real estate. A. died in May, 1870. The mort- gage was not recorded until June, 1875, ^"^ no pro- ceedings were had upon it until 1876. In the mean- time B. had died and the writ issued against C, the surviving mortgagor, and the executors, widows and heirs of A. and B. The heirs of A. defended upon the ground that as the mortgage had not been recorded until after five years from the death of A., his heirs took his real estate free from the lien of such mort- gage. Held, that the mortgagee was entitled to judg- ment. McLaughlin vs. Ihmsen, 85 Pa. St., 364 (1877). , Where the decedent in his lifetime covenanted to be responsible for and guarantee payment of interest upon a mortgage, until the mortgaged premises were so improved as to furnish sufficient security for the debt, it was held that such covenant could be enforced against the decedent's personal representatives ; but 778 LIEN OF decedent's debts. that the Hen of the same could only be continued against the real estate of the decedent by proceeding as directed by section twenty-four of the Act of 1834. Hunt' s Appeals, 105 Pa. St., 128 (1884). The fact that no administration was raised does not relieve the creditor from the necessity of proceed- ing as directed by the Act of 1834. Benners Estate, 2 Chest. Co. Rep., 233 (1884). Act not Applicable to Debt Incurred in Settling the Estate. The Act of 1834 does not apply to debts and expenses necessarily incurred after the decedent's death, for burying him and settling his estate, claimed from the proceeds of real estate. {Ibid.) Compensation to the executor or administrator, is not a debt of the decedent, but part of the expenses of administration, and is not affected by the Acts limit- ing the lien of decedent's debts. Cobaugh!s Appeal, 24 Pa. St., 143 (1854). The creditors of a son levied upon and sold at Sheriff's sale his interest in his deceased father's real estate. Subsequently, and within five years of his death, the father's administrator sold his entire realty at an Orphans' Court sale for the payment of debts. The Sheriff's vendee brought ejectment for the interest of the son purchased by him. Held, That he was not entitled to recover. Horner, vs. Hasbrouck, 41 Pa. St., 169 (1861). judgments Existing at the Date of Death, Continue Valid Liens Against Heirs and Devisees Until Presumption of Payment Arises. A judgment against a decedent at the time of his death, is a lien upon his real estate. A revival of it in LIEN OF DECEDENT S DEBTS. 779 twelve years after his death, and a sale of the land divests the title of the heirs. Fetterman vs. Murphy, 4 Watts, 424 (1835). " No statute limits the lien of a judgment in favor ■"of the heirs of the debtor, nor is there reason or " necessity for it. After a, reasonable time for the "presentment of demands, it is proper to secure the " heirs from secret debts, that they may improve their " estates without risking the expenditure ; but the pro- " priety of it vanishes before a debt of record." Brobst vs. Bright, 8 Watts, 124(1839). The lapse of over nineteen years, without scire facias, was held not to relieve the heirs and devisees, in Konigmaker vs. Brown, 14 Pa. St., 269 (1850). The thirty-fourth section of the Act of 1834, does not apply where the judgment was obtained in the lifetime of the decedent. Bennett vs. Fulmer, 49 Pa. St., 155 (1865). A judgment against the testator in his lifetime, though not revived within five years of his decease, is a lien on the lands of a devisee. Wells vs. Baird, 3 Pa. St.. 351(1846). Where the judgment is against the decedent at the time of his death, its lien is without limit against the heirs and devisees, and need not be revived in order to be enforced against the land held by them. Shearer vs. Brinley, 76 Pa. St., 300 (1874). Shannon vs. Newton, 132 Pa. St., 375 (1890). Per Ctcriam : "An heir or devisee is a mere volunteer, and "takes but what there is left of his ancestor's or "testator's estate after the debts are paid. He is " not a terre tenant. And a judgment against a dece- " dent in his lifetime remains a lien against him, his " heirs and devisees, without revival." Held, further. 780 LIEN OF decedent's DEBTS. That the law as above laid down was not changed by the Act of June i, 1887 (P. L., 289), which provides that no judgment shall continue a lien on real estate longer than five years " unless revived within that " period by agreement of the parties and terre tenants " filed in writing, * * * or 2. y^nt oi scire facias!* A judgment of record at the. date of the defend- ant's death, the lien of which had expired, is good, without suit against the devisee, until presumption of payment arises. Baxter vs. Allen, 77 Pa. St., 468 (1875). Although a judgment be not revived by sci. fa. within five years, it continues a lien against the debtor's lands in the hands of his heirs and devisees, and is entitled to be paid from the proceeds of sale before the debts of general creditors, not reduced to judgment in the lifetime of the debtor. Aurand's Appeal, 34 Pa. St., 151 (1859). So long as any of the ancestor's debts are valid liens and remain unpaid, neither the heirs nor their creditors can receive anything from the estate, though it be taken by an heir at a valuation and his recognizance be given therefor. Blank' s Appeal, 3 Gr., 192 (1855). Statute May be Waived by Parties Entitled to its Benefits. The parties entitled to their benefits may waive the statutes limiting liens unless certain proceedings be adopted. Where an administratrix by an agree- ment with the heirs, paid from her own funds the debts due by the intestate, which it was agreed should be repaid by his estate, it was held that the heirs and volunteers claiming under them could not set up the statute limiting the liability of the land for such debts. Wallaces Appeal, 5 Pa. St., 103 (1847). LIEN OF decedent's DEBTS. 78 I When Lien Discharged by Proceedings in Partition. Where real estate is sold under order of the Orphans' Court in partition, after the expiration of two years from the grant of letters, such real estate is not liable in the hands of the purchaser, to the decedent's debts. Act of February 24, 1834, §42 (P. L., 81); (Br. Purd. 546, §187.) A sale of the decedent's real estate, under an Orphans' Court order in partition proceedings, within two years from the grant of letters, does not divest the lien of debts under the Act of 1834. Wilson s Appeal, 45 Pa. St.. 435 (1863). In partition, each share is subject to the payment of liens against it. If an owner die pending the pro- ceedings, his debts become liens upon his land, and attach to his interest and to the proceeds of the sale of such interest when received. Kerr s Estate, 4 Phila., 182 (i860). § 4927 Lien Discharged by Sale for Payment of Debts — Rights of Creditors, etc. Whenever it shall satisfactorily appear to the executor or administrator that the personal estate of the decedent is insufficient to pay all just debts and the expenses of the administration, he shall proceed, without delay, in the manner provided by law, to sell, under the direction of the Orphans' Court having jurisdiction of his accounts, so much of the real estate as shall be necessary to supply the deficiency ; and such real estate so sold shall not be liable in the hands of the purchaser for the debts of the decedent. (Act February 24, 1834, §20, P. L., 76 ; Br. Purd. 531, §120.) See Chapter " Sales of Real Estate." 782 LIEN OF decedent's DEBTS. A mortgage made by a prior owner is a debt of the decedent who dies seised of the land. Cadmus vs. Jackson, 52 Pa. St., 295 (1866). Upon a sci.fa. against an administrator d, b. n. c. t. a. with notice to the devisees, the latter may prove that the land was sold under an Orphans' Court order, to an amount and for a sum sufficient to pay all the debts of the decedent. Such fact being established, the plaintiff is entitled to judgment quod recuperet against the administrator, but he cannot recover against the devisees. The creditor in such case must look to the proceeds of the sale. Benner vs. Phillips, 9W.&S., 13(1845). If, pending the execution of an order to sell real estate for payment of debts, a lien is suffered to expire, the holder must look to the personal estate. William- son s Appeal, I Monaghan, 241 (1888) ; Schreck's Estate, II Luzerne Leg. Register, 211 (1882). It was held in Arndt' s Appeal, 117 Pa. St., 120 (1887), that the time of confirmation of the sale fixed the rights of the parties. York's Appeal, 1 10 Pa. St., 'J'] (1885), was distinguished. The Orphans' Court will not grant an order to sell real estate for payment of debts, the lien of which has been lost by lapse of time. Pry's Appeal, 8 Watts, 253 (1839)- More than five years after the death of a guardian indebted to his ward, the latter obtained an order from the Orphans' Court to sell the guardian's real estate for payment of the debt. No proceeding had been taken within five years to continue the lien of the debt. Held, That the order to sell was erroneous. Oliver s Appeal, loi Pa. St., 299 (1882), overruhng Oliver s Estate, 29 Pitts. L. J., 456 (1882). LIEN OF decedent's DEBTS. 783 §4928 Lien Discharged by Sale Under the Price Act. The Act of April i8, 1853 (P. L. 503), (Br. Purd, 1457, §1, et seq.), commonly called the "Price Act," provides, §1, for the sale, mortgaging, leasing or con- veyance upon ground rent, of real estate acquired by descent or last will, in cases, inter alia, "whenever a "decedent's real estate is subject to the hen of debts " not of record." The fifth section provides that "by every such " public sale, the premises sold shall be discharged "from all liens." §4929 Effect of Sale Under Testamentary Power, to Pay Debts. Where there is a sale under a testamentary power for payment of unscheduled debts, the land is dis- charged from the statutary lien of the testator's debts. Cadbury vs. Duval, 10 Pa. St., 265 (1849). A sale by executors under such power does not discharge, in favor of the testator's heirs or devisees, the lien of a judgment obtained before his death and existing at that date, where the proceeds of the sale were applied to payment of subsequent liens. Konig- maker vs. Brown, 14 Pa. St., 269 (1850). A devise to executors of land to be sold for pay- ment of debts and legacies vests the estate in them as a trust fund for that purpose. If the executors neglect to execute the trust, the creditors may sell the land upon a judgment and execution. In such case there is no limit to the lien of debts short of a presumption of payment through lapse of time. Alexander vs. McMtirray, 8 Watts, 504 (1839) '" Steel vs. Henry, 9 Watts, 523 (1840). 784 LIEN OF decedent's DEBTS. In Church vs. Watson, 50 Pa. St., 518 (1865), the court held that a general charge upon land by devise for the payment of debts did not create a testamentary lien of unlimited duration, subject to the presumption of payment by lapse of time. The decisions in Alex- ander vs. McMurray, and Steel vs. Henry {supra), were explained as applicable to cases where an executor unreasonably delayed petitioning to sell and postponed the sale to the prejudice of the creditors, afterwards seeking to take advantage of the delay occasioned by his own misconduct and laches. In Buffington vs. Railroad Company, 74 Pa. St., 162 (1873), it was held that a direction to pay debts " in due and lawful time," and to sell the residue of the estate, and from the proceeds to pay the " debts " and legacies above," did not continue the Hen of debts upon the land or its proceeds. §4930 Effect of the Statute of Limitations Upon' Claims Against Decedent's Estates. It was held in McClintock' s Appeal, 29 Pa. St., 360 (1857), that where less than six years had elapsed from the time a debt accrued, until the death of the debtor, but the six years had expired before the estate was set- tled and distributed, such debt was not barred by the statute. Followed in MeCandless Estate, 61 Pa. St., 9 (1869). But these and similar prior cases were over- ruled by York's Appeal, 17 W. N., 17, 33 (1885), where it was held that the death of the debtor did not stop the running of the statute. York's Appeal was recognized in Light 's Estate, 27 W. N., 21 (1890), and followed in Miskey vs. f.IEN OF decedent's DEBTS. 785 Miskey, 20 W. N., 470 (1887); Chapman s Appeal, 122 Pa. St., 331 (1888) ; and Keyser s Appeal, 23 W. N., 201 (1889). In McCliniock's Appeal, i Cent. Rep., 635 (1885), the Supreme Court decided that a note of decedent, not barred at the date of his death, was entitled to payment from the proceeds of real estate sold within five years after the decedent died, although at that time the note was over eight years old, Upon the authority of this decision, the lower court, in Chapman s Appeal, 122 Pa. St., 331 (1888), decided in favor of the creditor. But the Supreme Court reversed, holding that McClintock' s Appeal {supra), had been overruled by York's Appeal. Paxson, J.: "It will be noticed that the Act (of " 1834) refers only to debts due by a decedent. It "has no reference to mere claims against his estate. " A debt established or admitted is a lien against the " real estate of a decedent for the period of five years "after his decease. A mere claim is not a lien until " first established as a debt. When, therefore, a claim- " ant demands the benefit of the statutory lien, he must " first show that he has a debt. A debt barred by the " statute is no debt at all, and it is begging the ques- "tion to say that it was a debt at one time, or that the " statute had not fully run at the death of the dece- " dent. In the latter case the statute may be tolled " and the lien preserved by commencing a suit within "the statutory period. It would be an anomaly to " hold that a claim barred by the statute, and therefore "incapable of coming in upon the personal estate, "which is the primary fund for the payment of debts, "could, years afterwards, be allowed out of the real "estate in the hands of the heirs or devisees." 786 LIEN OF decedent's debt*. In the first opinion in York's Appeal, Paxson, J,, said, that to toll the statute in the Orphans' Court it is only necessary to make a formal demand of the exec- utor or administrator. But in Keyser's Appeal, 23 W. N., 201 (1889), it was held, per Paxson, C. J., that the statute could not be tolled in the Orphans' Court by anything short of a suit at law, or what is its equiva- lent in the Orphans' Court. That formal demand upon the executors is not the equivalent of such action. It would seem from the above decisions, that the Act of 1834 does not excuse a creditor who fails to bring his suit within the six years from the time his cause of action accrued, although at the date when that period has expired, five years have not elapsed since the death of the debtor. If suit be brought after the expiration of the six years, but prior to the termination of the five, and the executor or administrator omit to plead the statute, the debt can be recovered, but not otherwise. An administrator is not bound to set up the statute, and a judgment in the case last instanced would be valid. §4931 As to Joining the ^Vidow and Heirs of Dece- dent, Where the Plaintiff Intends to Charge the Real Estate with Payment of the Debt. See Brews. Prac, Chapter, " How to Sue Out and Prosecute Sci. Fas., etc.," §256. The following decisions may also be found useful : Prior to the Act of 1834 a suit and judgment against the deceased debtor's administrators, with- LIEN OF decedent's DEBTS. 787 out notice to the heirs, bound the lands of the intes- tate. Payne vs. Craft, 7 W. & S., 458 (1844). Where suit is brought within the five years against the executor and within five years fi-om the rendition of the judgment, a sci. fa. is issued to bring in the heirs, the lien of the debt upon the real estate will be preserved. Benner vs. Phillips, 9 W. & S., 13 (1845). After, judgment against the executor, a sci. fa. may be issued against the devisee, in which proceed- ing, judgment may be entered against such devisee. Moore vs. Skelton, 14 Pa. St., 359 (1850). A suit against the executor alone, without making the heirs or devisees parties, will continue the statu- tory lien of a debt against the estate of a decedent. Kitteras Estate, 17 Pa. St., 416 (1851). Such suit within five years continues the lien for ten years from the death. Sanders vs. Wagonseller, 19 Pa. St., 248 (1852). The creditor should obtain a judgment against the representatives and then obtain judgment de terris by sci. fa. against the heirs, in which proceeding the latter may contest the judgment on original grounds ; otherwise the lien of the debt is lost. A judgment against the administrator alone will not support an execution against the ancestors land. Atherton vs. Atherton, 2 Pa. St., 112 (1845). Where judgment for a debt contracted by the decedent in his lifetime was obtained against his administrator alone, and an execution was issued and the land sold. Held, That the omission to join the heirs was fatal and the sale passed no title as against them and the other creditors of the estate. Mangan s Appeal, II Atlantic Rep., 805 (1887). 788 LIEN OF decedent's debts. § 4932 Devisees, etc., Should be Brought in After Judgment Against Personal Representatives. While it is not error to join the devisees in the orig- inal suit against the executor, the better practice is to obtain judgment first against the executor alone and then to bring in the devisees by a subsequent pro- ceeding. Colwell vs. Rockwell, loo Pa. St., 133 (1882). But where the former practice is adopted, the proceedings and sale under the judgment obtained are valid. A mere mistake in practice will not render a judgment void. Levan vs. Millholland, 114 Pa. St., 49 (1886). It was ruled in Warden, vs. Eickbaum, 14 Pa. St., 121 (1850), that under the Act of 1834 the heirs must be made parties in order to divest their interest by Sheriff's sale, even though the sale took place in a suit commenced against the administrator before that act was passed. The debt must be established against the widow, heirs or devisees before it is levied upon the dece- dent's real estate. The object of this is to enable them to contest the debt, and the rule is equally obli- gatory upon the creditor where the estate has been devised subject to payment of debts. Sample vs. Barr, 25 Pa. St., 457 (1854). Though the heirs were never in actual possession of the land, the lien of a judgment against the admin- istrators is discharged by the lapse of five years with- out proceedings to make them parties. Kesslers Appeal, 32 Pa. St., 390 (1859). Judgment on a sci. fa. to revive against the heirs binds nothing except the ancestor's lands in their hands. Wherefore the court refused to allow a plea LIEN OF decedent's DEBTS. 789 by the heirs "that they took nothing by descent." Cordter vs. Selby, 39 Pa. St., 358 (1861). In June, 1828, a judgment was obtained against A., who died in 1829, leaving real estate which descended to his children. In 1832 a sci.fa. issued on the judgment against A.'s representatives and judg- ment was entered thereon in March, 1833. In 1831 a judgment was obtained against one of A.'s children, which was revived in 1835. Under this judgment all the defendant's interest in his father's estate was sold April 2, 1838. Held, That the proceeds belonged to the creditor of the child, and not to A.'s judgment creditor. Jack v?,. Jones, 5 Wh., 321 (1839). An unconditional revival of a restricted judgment, during the lifetime of the defendant, makes it a gen- eral lien upon all his lands in the county. But after his death, such revival against his personal representa- tives only, continues the lien as originally restricted. Proceedings must be had against the widow and heirs in order to charge the defendant's other real estate as against them. But the widow and heirs would, with- out such proceedings, take the other real estate free of the judgment, qua judgment, but subject to the debts of the decedent, of which the judgment would be one. McMurray's Adm'rs. vs. Hopper, 43 Pa. St., 468 (1862). A Sheriff's sale of a decedent's real estate, upon a judgment against his administrators to which the children are not made parties, does not divest their title. McCracken v?,. Roberts, 19 Pa. St., 390 (1852). In such case, in the absence of evidence of fraud on the part of the Sheriff's vendee, if the heir subse- quently receive his proportion of the purchase money and execute a release to the purchaser, the heir will be 790 LIEN OF DECEDENT S DEBTS. estopped from proving that his title did not pass by the sale. Smith vs. Warden, 19 Pa. St., 424 (1852). A judgment before a Justice of the Peace, against an heir's administrator, without notice by sum- mons to his widow and his children's guardian, which judgment is not entered in the Common Pleas, is not a lien on the land or the fund produced by its sale. Dimond's Estate, 14 Pa. St., 323 (1850). While a judgment against an administrator is conclusive as to personalty, it is but prima facie as to real estate, and the heirs and devisees may question any item included in such judgment. Steele vs. Line- berger, 59 Pa. St., 308 (1868). Thus, where there was a judgment against an administrator and a sci. fa. issued against the heirs, it was held that the judgment recovered upon such sci. fa. fixed the liability of the real estate, although such second judgment was for less than the first. Walt- haur's Heirs vs. Gossar, 32 Pa. St., 259 (1858). Such judgment against the executors alone is prima facie evidence of the amount of the debt in a sci. fa. against the heirs to charge the real estate. Ser- geant's Heirs vs. Ewing, 36 Pa. St., 156 (i860). Two writs of sci. fa., duly prosecuted to judg- ment against the personal representatives, will con- tinue as a mere debt, the lien of a judgment against the decedent in his lifetime, for ten years from his death. If within that time a sci. fa. be served on the widow and heirs, they must disprove the claim in order to relieve their inheritance from liability. If no sci. fa. be served upon the widow and heirs within the ten years, the lien is gone as to all the real estate except that to which it was restricted. McMurrays Adm'rs. vs. Hopper, 43 Pa. St., 468 (1862). LIEN OF DECEDENT S DEBTS. 79 I In Born vs. Krips, 19 W. N., 511 (1887) ; Allen vs. Krips, Ibid, the decedent died in 1872. In 1873 suit was brought against his administratrix and judg- ment was obtained in 1886, when sci.fas. were issued against the widow and heirs. Judgments were obtained on the sci.fas. for want of an appearance. The court below struck off the judgments on the ground that the widow and heirs were not proceeded against within ten years of the decedent's death. Affirmed in Allen vs. Krips, 119 Pa. St., i (1888); and in Allen vs. Krips, 125 Pa. St., 504 (1889). A non-joinder of any of the heirs must be objected to by plea in abatement. The fact that a minor was personally served cannot be taken advan- tage of by the other defendants. Schwartz's Estate, 14 Pa. St., 42 (1850). The five-year lien under the Act of 1834, is extended to ten years by suit brought and judgment recovered against the personal representatives alone, within the first period. [Ibid.) An action of debt, based upon such first judg- ment, to which action the heirs are made parties, is an original action, and the parties are bound to set up every available defence. Such second action being brought within the first five years, is of itself suffi- cient to continue the lien for the second period of five years. [Ibid.) Where judgment was obtained against an exec- utor within five years of the decedent's death, it is not a good defence, in a sci. fa., to continue the lien upon such judgment against the widow and heirs, to set up that at the time of the decedent's death there was sufficient personal property to pay the debt. Col- well ws. Rockwell, 100 Pa. St., 133 (1882). 792 LIEN OF DECEDENT S DEBTS. § 4933 When Alienee Must be Joined. Where the heir has alienated within the five years, the alienee must be made a party to a suit for a claim against the estate brought within the five years. The title of such alienee will not be divested by a sale upon a judgment obtained in such suit against the executor alone, with notice to the devisee. Soles vs. Hickman, 29 Pa. St., 342 (1857). In a sci. fa. against the executor, widow and devisees, to charge the real estate of the decedent under the Act of 1834, a previous judgment for the same debt, against the executor, is conclusive upon him when he defends as devisee. Comm. vs. Cochran, 146 Pa. St., 223 (1892). A judgment upon a sci. fa. against the executor, as such, where the latter is sole devisee, is conclusive. Stewart vs. Montgomery, 23 Pa. St., 410 (1854). In such case it is not material whether there is sufficient personal estate in the hands of the executor to pay the claim. The creditor may charge the land without wait- ing for a settlement of the personal estate. {Ibid.) Where a person conveys lands in fraud of cred- itors, his heirs, after his death, need not be made parties to a judgment against his representatives in order to charge the land with the debt. Smith vs. Grim, 26 Pa. St., 95 (1856). The land in such case may be levied upon and sold without notice to the widow and heirs. Drum vs. Painter, 27 Pa. St., 148 (1855). Where a fi. fa. issued in the decedent's lifetime upon a judgment entered on a note waiving inquisition, although the fi. fa. was not served until after the defendant's decease, a sci. fa. against the widow and heirs is not required. Daveys Estate, 9 County Court Rep., 125 (1890.) LIEN OF. DECEDENT S DEBTS. 793 A sci. fa. sur mortgage is not within §34 of the Act of February 24, 1834. Chambers vs. Carso7i, 2 Wh., 365 (1836); Harevs. Mallock, i Miles, 268 (1836). Omission to serve the heirs will not avoid the sale, but the heirs may defend upon ejectment by the purchaser, the same as they could have done upon the sci. fa. Wallace vs. Blair, i Gr. 75 (1854); Meveys Appeal, 4 Pa. St., 80 (1846). In ejectment by the purchaser at the Sheriff's sale, the validity of a judgment upon two returns of nihil cannot be impeached, though the mortgagor was living on the land at the time both writs issued. If such judgment be erroneous, it must be reversed by a writ of error. Colley vs. Latimer, 5 S. & R., 211 (18 19); see Hartman vs. Ogborn, 54 Pa. St., 120 (1867). Where the will works an equitable conversion of the real estate, the widow and heirs have an interest in it only as personalty. In such case, a sale upon a judgment against the personal representatives, with- out a sci. fa. against the widow and heirs, is valid. Leiper V?,. Thomson, 60 Pa. St., 177 (1869). Where the executors were authorized by the will to sell the real estate at private or public sales, and by proper deeds duly executed to grant the same to the purchasers in fee simple .• Held, That the exec- utors became the terre tenants of the land, and that in order to revive a lien upon it, it was not necessary to make the widow and heirs parties, and that notice to the executors was sufficient. Hall's Appeal, i Penny., 223(1881). Where in an action of covenant sur ground rent deed, it was not sought to enforce the judgment against the deceased covenantor's real estate other than that 794 LIEN OF DECEDENT S, DEBTS. from which the rent was reserved, it was held that the widow and heirs need not be made parties. Rushton vs. Lippincott, 119 Pa. St., 12 (1888). In Murphy s Appeal, %^.BiL S., 165 (1844), it was held that a creditor who sued and obtained judgment against the administrator alone, without joining the widow and heirs, under §34 of the Act of February 24, 1834, did not release the real estate of the dece- dent from Hability where the real estate was sold for payment of debts, under an order of the Orphans' Court, upon application of the administrator. That said section means that such judgment shall not be paid by an execution thereon. The plaintiff may issue a sci.fa. against the admin- istrator and the heirs and devisees to recover the judg- ment from the real estate. Such heirs and devisees may then make the same defense they could have made if originally joined in the suit, or the Orphans' Court, after a sale has been ordered as above referred to, should allow the heirs to show that the creditor's claim is unfounded. Benner vs. Phillips, 9 W. & S., 13(1845)- Where judgment is entered against a defendant in his lifetime, it may be revived after his death, for purposes of lien and execution, by a sci.fa. against the administrator alone, without joining the widow and heirs. If, however, judgment be revived hyz. sci.fa. against the administrator only, and a second sci. fa. be issued against the widow and heirs, a Sheriff's sale of the land upon the judgment obtained upon such second sci.fa. will pass a good title. Grover vs. Boon, 124 Pa. St., 399(1889). LIEN OF DECEDENT S DEBTS. 795 §4934 Effect of Two Returns of " Nihil." In proceedings upon a sci. fa. sur mortgage, a sale upon a judgment upon two returns of " Jtihil "and there are no terre tenants," confers a good tide upon the purchaser, although the defendant was dead when the first writ issued. Warder vs. Tainter, 4 Watts, 270 (1835). Notwithstanding the Act of June i6, 1836, which provides that a "sci. fa. shall be served and returned "in the same manner as a summons," judgment may be taken upon two returns of nihil. Chambers vs. Carson, 2 Wh., 9 (1836) ; Id., p. 365. A sale of land upon ah execution issued after the defendant's death on a judgment against him in his lifetime, vests a good title in the purchaser. Such execution is not absolytely void, but merely voidable. Speer vs. Sample, 4 Watts, 367 (1835). §4935 Revival and Collection of a Judgment Against Joint Defendants, 'Where One of Them has Died. A sci. fa. against only the personal representa- tives of a deceased defendant in a joint judgment will not lie, though it be suggested that the surviving defendant in such judgment is insolvent. Stoner vs. Stroman, 9 W. & S., 85 (1845). It was held in Comm. vs. Miller, 8 S. & R., 452 (1822), that the personal property of one of several joint defendants was discharged by his death, but that the judgment continued a lien on his land. That the proper way of rendering the judgment effective was to issue a sci. fa. against the survivors, and the executors or administrators of the deceased defendant ; that a 796 LIEN OF decedent's DEBTS. terre tenant, though in such case omitted from the record may come in and defend/r(9 interesse suo. Followed in Comm. vs. Mateer, 16 S. & R., 416 (1827). It was formerly held that the sci. fa. in such case against the representatives of the deceased joint debtor should omit the words "goods and effects" from the directions of the writ. Stiles vs. Brock, 1 Pa. St., 215 (1845). Where one of two joint debtors died pending an action where both were served, his administra- tor was substituted on the plaintiff's motion, and the suit proceeded to trial and judgm.ent against the surviving defendant and such administrator jointly. The execution in such case against the estate of the decedent was held to be subject to §§33 and 34 of the Act of 1834. Dingman vs. Amsink, jj Pa. St., 114 (1874). In Dowling \?,. McGregor, 91 Pa. St., 410 (1879), Judge Mercur said : " It was formerly held in case of a judgment "against joint defendants, and one of them dies, his "personal property was discharged from execution; " but the plaintiff therein might have execution of the " lands and tenements of the deceased party which "were bound by the judgment at the time it was " obtained. In such case, it was held error for the " writ of scire facias to call on the administrator of the ' ' deceased party to show cause why the plaintiff " should not have execution against the 'goods and " ' effects ' of the deceased in his hands. Stiles vs. "Brock, I Barr, 215. The Statute of Westminster " II, made the remedy against the land bound by the " lien, effective hy scire facias against the survivor and LIEN OF DECEDENT S DEBTS. 797 " the heirs and terre tenants of those who had died. " Under our practice the executor or administrator is " substituted for the heir. Comm. vs. Miller s Adm'rs., 8 " S. & R., 452. Hence, if one of several joint defend- "ants in a judgment dies, di scire facias may issue " against the survivors and the executor or adminis- " trator of the deceased. Com7n. vs. Mateer, 16 S. & "R., 416. The error pointed out in Stiles vs. Brock " [supra), in seeking execution against the ' goods " ' and effects ' of the deceased in the hands of the "administrator, was cured by the Act of April 11, "1848, P. L., 536. It declares, 'When a judgment "'shall hereafter be obtained against two or more " ' copartners, or joint or several obligors, promissors, " ' or contractors, the death of one or more of the " ' defendants shall not discharge his or their estate or " 'estates, real or personal, from the payment thereof ; '• 'but the same shall be payable by his or their exec- " ' utors or administrators as if the judgment had been " ' several against the deceased alone.' The right to "prosecute a claim founded on a joint contract " against the survivor and the personal representa- "tives of the decedent, when one or more of the " defendants dies during the pendency of the action, "is given by the first section of the Act of March 22, " 1861. It declares, 'the same shall be proceeded in "'to judgment and execution against the estate of " ' said decedent, as though the said suit or suits had "'been commenced against' their decedent or dece- " ' dents alone.' In Dingman vs. Amsink, 27 P. F. S., " 114, it was held proper under this act to substitute " the personal representatives of the decedent, and " for the suit to proceed to trial and judgment against " them and the surviving defendants jointly. As, 798 LIEN OF decedent's DEBTS. " therefore, both the real and personal estate of a " deceased joint debtor are assets for the payment of " his debts, in the hands of his personal representa- " tives, no sound reason exists why the representatives "should not be joined with the surviving defendants "in a scire facias on the judgment." A sci. fa. to revive a judgment against three defendants, one of whom was dead when the writ issued, will be quashed upon a plea in abatement. The fact of death should be noted and the personal representatives made parties. McCabe vs. U. S., 4 Watts, 325 (1835). , § 4936 Affidavits of Defence, by Heirs and Personal Representatives. In Ha/l vs. Wiggins, 15 W. N., 112 (1884), a judgment had been obtained against the decedent in his lifetime and a writ of sci. fa. was issued to charge the decedent's lands with the lien of the judgment. The widow and heirs filed an affidavit of defence. A rule for judgment was taken. The court being of opinion that an affidavit was not required in such case, discharged the rule. In Stadelmaii vs. Trust Co., 35 Leg. Int., 366 (1878) where judgment was obtained against the administrator, the court held that the heirs need not file an affidavit of defence to a sci. fa. issued against them to show cause why execution should not be levied of their lands. In Leibert ws. Hocker, i Miles, 263 (1836), it was held that under the Act of 1835 an affidavit of defence was not required in a suit against the executor of an indorsee of promissory notes. LIEN OF decedent's DEBTS. 799 In Umberger N?,. Zearing, 8 S. & R., 163 (1822), it was ruled that an executor need not file an affidavit of defence to a suit brought to recover a debt due by the decedent. But where the judgment is against the executor himself such affidavit is required to a sci. fa. upon the judgment. Where the cause of action arose before the decease of the debtor, the executor or administrator need not file an affidavit of defence. Seymour vs. Hubert, 83 Pa. St., 346 (1877). This ruling was recognized by the Common Pleas, No. 4, of Philadel- phia, in Wireman vs. Insurance Co., 20 W. N., 299 (1887), and a prior rule of that court requiring exec- cutors and administrators to file affidavits of defence was recinded. In 1893, the following rule upon the subject was adopted by the Common Pleas of Phila- delphia : Section 4, b. An affidavit of defence shall be required from executors, administrators, guardians, committees and others sued in a representative capacity : Provided, That an affidavit by the defendant in said cases, stating that he has made diligent inquiry and has not been able to obtain sufficient information to enable him to set forth particularly the nature and character of the defence, but that he believes there is a just and legal defence, shall be deemed a sufficient compliance with this rule. §4937 Definition of " Terre Tenants." Those who hold the fee are terre tenants. An occupier is not such. Those who can come under a sci. fa. as terre tenants, are those only who claim by a conveyance subsequent to the judgment. Chahoon vs. Hollenback, 16 S. & R., 425 (1826). 800 LIEN OF decedent's DEBTS. §4938 Calculation of Interest on Revived Judgments. Upon a judgment of revival, interest is calculated anew. Such judgment is equivalent to a judgment quod recuperet. Meason s Estate, 5 Watts, 464(1836). The plaintiff may calculate the interest on the aggregate amount of principal and interest due when the judgment is obtained on the sci. fa. Fries vs. Watson, 5 S. & R., 220 (1819). § 4939 Execution Upon the Revived Judgment. In Graver vs. Boon, 124 Pa. St., 399 (1889), it was argued upon the authority oi Irwin vs. Nixon, 1 1 Pa. St., 419 (1849), that the universal practice of issuing execution on the revived judgment and not upon the original, was to be deprecated. The court said, upon this point : "It may be admitted that the proper prac- " tice is to issue the execution upon the original judg- " ment and not upon the judgment recovered upon the " scire facias. Irwin vs. Nixon, 11 Pa. St., 419. This, "however, is but an irregularity and cannot affect the "title of a purchaser at Sheriff's sale." It may be remarked that executions in Pennsyl- vania are invariably issued upon the revived judg- ment. This practice has many advantages, for the amount of the judgment is fixed by the assessment of damages upon such revival. Where there have been several revivals and assessments upon each, it would be extremely difficult to state the true amount due the plaintiff unless the sum fixed by the assessment upon the last revival were taken. LIEN OF decedent's DEBTS. 8oi § 4940 Preference as to Debts for W^hich Suit is Com- menced Within the Five Years, In distributing the proceeds- of sale of a dece- dent's real estate, after liens of record, existing in his lifetime have been paid, a debt^whose lien has been continued by suit within five years against the execu- tors and devisees, is entitled to preference over general debts, the statutory lien of which has expired. Kitteras Estate, i-j Pa. St., 416 (1851-). § 4941 Distribution of Proceeds of Decedent's Estate Sold Under Execution. The Act of February 24, 1834, §33 (P. L., yj); (Br. Purd., 529, §111), provides that " in all cases where "property, real or personal, of a decedent, is sold " upon an execution, and more money raised than is "sufficient to pay off liens of record, the balance shall "be paid over to the executor or administrator for dis- " tribution. * * * Such money shall be distributed "as the real estate of which it is the proceeds would "have been." The thirty-third section of the Act of February 24, 1834, does not prevent the conversion of land of a decedent sold under a mortgage existing at the time of his death. The mode of distribution is regulated by said section. Phillips' Estate, 13 W. N., 355 (1883). Liens of record only are to be paid out of the fund in court realized from the sale of a decedent's estate under execution. The general debts are not entitled to be satisfied unless secured by judgment prior to the defendant's death. 802 LIEN OF decedent's DEBTS. Obtaining a judgment against the personal repre- sentatives after the death of the decedent, gives no priority over other creditors. Any balance after payment of record liens must be paid to and distributed through the personal repre- sentatives. Willing vs. Yoke, i Phila., 223 (1851). § 4942 When Personal Representatives Must be Brought In. It w^as held in Brown vs. Webb, i Watts, 41 1 (1833)^ that a sci. fa. to revive a judgment after the defend- ant's death must be issued against his executors or administrators, who must be made parties to it. Suing only the heirs in possession is error. Before the Act of 1834 the lands of a deceased debtor could be levied upon and sold in the same way as those of a living party, under an execution against his administrators, or against him where the execution was tested prior to his death. Meanor vs. Hamilton, 27 Pa. St., 137 (1856). Where, under a testatum fi. fa., levy has been made during the defendant's life, a venditioni exponas cannot issue, after his death, without a sci. fa. against the executor. Wood's Executor vs. Colwell, 34 Pa. St., 92 (1859). A Sheriff's sale of land which the defendant had aliened, made after his death, without a sci. fa. against the personal representatives, passes a good title, if the judgment has been revived against the terre tenant. Colborn vs. Trimpey, 36 Pa. St., 463 (i860). Upon settlement of the account of an executor or administrator, a transcript of any balance due by him must be filed in his lifetime ; his personal representa- LIEN OF decedent's DEBTS. 803 tives must be made parties to a set. fa. issued upon such transcript after his death. If issued against the terre tenants and heirs alone, the plaintiff cannot recover. Rowland vs. HarSaug/i, 5 Watts, 365 (1836). A set. fa. to revive and continue the lien of a judgment was issued within five years against the defendant's executor. The prcBcipe contained a sug- gestion of the defendant's death and the substitution of the executor, upon whom the sci. fa. was served, and judgment of revivor was subsequently entered. Held, That the suggestion of death was regular ; that it was not necessary to bring the executor in and make him a party by judgment of the court, and that the lien was preserved. Hall's Appeal, i Penny., 223 (1881). § 4943 Proceedings 'Where Defendant Dies Between Judgment and Execution. See Brews. Prac, Chapter XXVII, "Actions "After Death," §2220 et seq. A decedent's land was sold after his death, upon a judgment entered in his lifetime, without a sci. fa. against the personal representatives. The executrix, after the sale, filed a paper waiving a sci. fa. and all irregularity and error in the proceedings. The Sheriff then made a deed to the purchaser, who brought eject- ment for the land, but was non-suited by the lower court for want of a sci. fa. against the executrix before the execution. Held, That the entry of the non-suit was error. Diese vs. Fackler, 58 Pa. St., 109 (1868). Where the mortgagor was served, and died after judgment was obtained against him, his personal rep- resentatives need not be warned by sci. fa. before 804 LIEN OF decedent's DEBTS. execution. Hunsecker vs. Thomas, 89 Pa. St., 154 (1879). Where a sci.fa. is issued to revive a judgment obtained against the decedent in his lifetime, the administrator may appear and confess judgment, and may also waive inquisition on the execution thereon. Bennett v?,. Fulmer, 49 Pa. St., 155 (1865). The sale by a Sheriff of lands of one of the devisees does not effect the creditor's right to a judg- ment de terris against lands held by another devisee. Wells vs. Baird, 3 Pa. St., 351 (1846). Where land charged with payment of an annuity descended to the heirs-at-law, of which the annuitant was one, held that the land was discharged from pay- ment of the annuity, pro tanto, which the annuitant took as heir. Addams vs. Hefferman, 9 Watts, 529 (1840). §4944 Revival by Foreign Executors or Administra- tors. See Brews. Prac, Chapter VIII, "How to Sue " Out and Prosecute sci. fas. etc." §254. §4945 Claims Against Decedent's Real Estate. (See Ibid, §257.) §4946 Suggestion of Defendant's Death, After Suit Brought, Filed to Continue Lien Against Realty. (See Ibid, §257.) §4947 Proceedings Upon Sci. Fa. and Return. (See Ibid, §§259, 260). See, also. Brews. Prac, Chapter XXVII, "Actions "After Death," and Brews. Prac, Chapter XXIX, " Abatement." CHAPTER XVII. BILLS OF REVIEW. §4948 Although proceedings upon bills of review in the Orphans' Court are regulated by our statutes, the remedy may be regarded as part of a general equit- able jurisdiction. The Orphans' Courts exercised this jurisdiction before the Act of 1840. § 4949 General Principles. In chancery the bill of review is a method of reversing a decree — either for error on its face or for discovery of new matter. In England error in law must appear in the decree, which contains the sub- stance of the pleadings, etc. But in the United States decrees are drawn without these references. There- fore, in this country, it is not necessary in order to support a review, that the error should appear in the decree, but if it can be found anywhere in the record, it may be alleged. This excludes the evidence. We are now considering error of law. § 4950 Mistaken Judgment Not Sufficient. It is clear, therefore, that a mistake in judgment is not of itself sufficient, for if it were so the bill of review would supersede the remedy by appeal. 8o6 BILLS OF REVIEW, Errors in form only and matters of abatement are not sufficient. §4951 General Rules in Chancery as to Diligence. Where a bill of review is founded on the occur- rence or discovery of new matter, the leave of the court must be first obtained, and this will not be granted except on an affidavit, satisfying the court that the new matter could not, by reasonable diligence, have been produced or used by the applicant at the time when the decree was made, and showing, also, that such new matter is relevant and material, either as evidence of matter formerly in issue, or as consti- tuting a new issue, and is such as, if previously before the court, might probably have occasioned a different decision. If such a bill be filed without leave, it will be taken off the file, or the proceedings stayed. §4952 As to Impeaching the Witnesses — Cumulative Testimony. The bill cannot be maintained where the newly discovered evidence, upon which the bill purports to be founded, goes to impeach the character of witnesses examined in the original suit. Nor can it be main- tained where the newly discovered evidence is merely cumulative, and relates to a collateral fact in the issue, not of itself, if admitted, by any means decisive or controlling ; such as the question of adequacy of price, when the main question was whether a deed was a deed of sale or a mortgage. Sotithard vs. Rus- sell, 1 6 How. (U. S.), 547. The new matter must also be such as the party could not by the use of reason- able diligence have known. Story Eq. PL, §414; BILLS OF REVIEW. 807 Dexter vs. Arnold, 5 Mass., 312; Livingston vs. Hubbs, 3 Johns. Ch., 124; Ridgewayvs. Toram, 2 Maryl. Ch., 303- § 4953 Bill to Reverse a Reversal — Lapse of Time — Demurrer — Stay — Requisites of the Bill. If a decree has been reversed on bill of review, another bill of review may be brought upon the decree of reversal. But when twenty years have elapsed from the time of pronouncing a decree, which has been signed and enrolled, a bill of review cannot be brought ; and after a demurrer to a bill of review has been allowed, a new bill of review on the same ground cannot be brought. It is a rule of the court that the bringing of a bill of review shall not prevent the execution of the decree impeached, and that a party shall not be allowed, except under very special circumstances, to file or prosecute such a bill, unless he perform at the proper time all that the decree commands. In a bill of this nature it is necessary to state the former bill and the proceedings thereon ; the decree and the point in which the party exhibiting the bill of review conceives himself aggrieved by it, and the ground of law, or the new matter upon which he seeks to impeach it ; and if the decree be impeached on the latter ground, it seems necessary to state in the bill the leave obtained to file it, and the fact that the new matter has been discovered since the decree was made. The bill may pray simply that the decree may be reviewed and reversed in the point complained of, if it has not been carried into execution. If it has been carried into execution, the bill may also pray the further decree of the court to put the party complain- 8o8 BILLS OF REVIEW. ing of the former decree into the situation in which he would have been if that decree had not been exe- cuted. § 4954 The Penna. Act of October 13, 1840, §1 (P. L., I ; Br. Purd., 1286, §61), provides that The Judges of the Orphans' Court of the Commonwealth of Pennsylvania, within five years after the final decree, confirming the original or supplementary account of any executor, administrator or guardian, which has or may be hereafter passed as aforesaid, upon petition of review being presented by such executor, administrator or guardian, or their legal representatives, or by any person inter- ested therein, alleging errors in such account, which errors shall be specifically set forth in said petition of review, and said petition and errors being verified by oath or affirmation ; said Orphans' Court shall grant a rehearing of so much of said account as is alleged to be error in said petition of review and give such relief as equity and justice may require, by reference to auditors, or other- wise ; with like right of appeal to the Supreme Court as in other cases, except that the appeal shall be taken, under the provisions of this act, within one year after the decree made on the petition of review : Provided, That this act shall not extend to any cause when the balance found due shall have been actually paid and discharged by any executor, administrator or guardian. / Analysis of the Pennsylvania Statute. § 4955 First— As to the Time Within Which the Bill of Review Must be Presented, This is fixed by the law as " within five years after the final decree confirming the original or supplement- ary account." As to Stale Claims. The following cases illustrate the aversion felt for stale claims : BILLS OF REVIEW. 809 After the lapse of twenty years after an account has been absolutely confirmed, the decree will be held final and conclusive. Pennypacker s Appeal, 14 Pa. St., 430 (1850). Appeal of the Fidelity Co., 19 W. N., 114 (1887): F. died in February, 1865, intestate, unmar- ried, and without issue. Letters of administration upon his estate were granted to his brother. A., and the account of the latter was filed and referred to an auditor, who by his report awarded the balance of the estate, after the payment of debts, etc., to A., as next of kin and heir-at-law. The auditor's report was not filed until May, 1884. In the meantime, in March, 1883, A. died. A petition was filed in May, 1884, by W., who was cognizant of these proceedings, claiming that he was next of kin of F., and that A. was an ille- gitimate son of the mother of F., and praying that the account be referred back to the auditor. The court granted the prayer of the petition and the auditor found the facts alleged by W. to be true, and awarded to him the estate of F., after surcharging the deceased administrator with large" sums. Held, That the right of W. to a bill of review was merely technical ; that he had been guilty of gross laches, and that no case had been presented calling for the intervention of a Court of Equity. Gordon, J.: "Nearly nineteen years after this " account ought to have been confirmed and laid away " with past things to be forever forgotten, and after " death has set his irrevocable seal upon the lips of " Adam J. Glasz, we have, on the petition of one Peter " Wagner, an alleged collateral heir of Frank J. Glasz, " this whole matter ripped up, or as it were, dug up "from its grave, the account re-examined by the 8lO BILLS OF REVIEW. " Orphans' Court, Adam J. bastardized, and his estate " burthened with a cash charge of twenty-two thousand " dollars, together with fourteen thousand dollars in " city certificates, which had been previously distributed "to Adam J. Glasz, as brother and next of kin of " Frank J. Glasz. We need hardly say that this change " of base is an unexpected and alarming one to those "interested in the estate now under consideration. "What we have now to consider is whether this con- " dition of things ought to have been permitted ? We " may say, in limine, that the case of the appellee is " wholly without merit, and rests upon a mere technical "right. That the two younger Glaszs were children " of the same mother is not a matter of question, nor is " there any doubt as to their brotherly relations and ' ' affection, the one for the other. Adam, if we are to " look to the evidence, was faithful in the discharge of " his duties, as well to his mother and brother as to the "business in which they were mutually engaged, and "the probabilities are that but for Adam, Frank would " have had no estate to leave to anyone. But now, " some nineteen years after this matter ought to have " been, and would have been but for. the neglect of the " court's officer, put at rest, and after Adam's death, " some collateral heir has discovered that he was a " bastard, and therefore could not inherit from his own " brother, and it is on this ground alone that the court "below has seen fit to set aside its previous action " and surcharge the estate of the decedent to a ruin- " ous amount, which in good conscience it ought never " to have been called upon to pay. That this transac- " tion is inequitable in the highest degree cannot be " doubted by any impartial person. Is, then, the tech- " nical condition of things such as to compel us to BILLS OF REVIEW. 8 1 I *' adopt the conclusion of the court below ? We think " not. Time is an element of very material force in ■"all courts which are governed by the principles of ■"equity. This is illustrated by Gress Appeal, 14 Pa. "'St., 463, where a citation on the representatives of a " deceased guardian to file an account of his guardian- "' ship, some eighteen years after his appointment, was "refused. This refusal was not put on the ground " either of presumption of payment or of settlement "'with the ward, but as Mr. Justice Bell, who deliv- "'ered the opinion of this court, said: 'It results ■"'altogether from the unwarrantable negligence of ■" ' the party to call for an account, without offering "' ' any sufficient reason accounting for the delay.' Yet "in this case the guardian had neglected a positive " statutory duty, which makes the case stronger than ■"that under discussion, in that Glasz neglected no ■" duty, and the effect of the action of the court below " has been to visit upon his estate the default of its " own officer. So in the case of Mc Knight vs. " Taylor, i Howard, 161, it was held that after a "delay of nineteen years and three months it was too "late to ask a court of equity to interfere to compel " the execution of a trust, and it was therein stated by " Mr. Chief Justice Taney, citing Pratt vs. Vattier, 9 " Peters, 416 : ' That nothing can call a court of chan- "'cery into activity but conscience, good faith and "'reasonable diligence, and where these are wanting " ' the court is passive and does nothing, and therefore " ' from the beginning of equity jurisdiction there was "'always a limitation of suit in that court.' But it is " useless to multiply authorities upon a doctrine that is "so well estabhshed as to have become elementary, " and we have only to say that a case more proper for 8l2 BILLS OF REVIEW. " its application than the one in hand could scarcely " be conceived. For nearly nineteen years the appellee " slept on his rights, nor does he allege in his petition " that he was not during all that time perfectly cogniz- " ant of every fact set forth in that petition. It is only "after all these years, and after G'lasz's power to "defend his estate has been effectually destroyed by "death, that he comes into a court of equitable juris- " diction to ask its help to enable him to seize upon "property to' which he has no conscionable right, "and from which he would have been completely shut " out had it not been for the negligence of the auditor. " These circumstances give to the claim of the appellee " a very suspicious appearance — too much so, indeed, " to permit a Chancellor to move in the execution of " a claim so stale — and this is the more so as there has "been no attempt to account for this unreasonable " delay." The Right to a Bill of Review may be Lost by Laches Even in Cases of Fraud. In Lees Estate, 29 W. N., 346 (1891), the exec- utor filed his final account April 28, 1884. He omitted all notice of a note given by him to the testa- trix, September i, 1876, promising to pay nine hun- dred and seventy dollars and fifty cents, thirty days after demand. After adjudication of his account and payment of the balance to the daughter, he was with- out opposition on his own petition, discharged June 21, 1884. In the summer or fall of 1885, the daughter found the note and "at once requested payment." The executor alleged he had paid the note in the life- time of the decedent and that it was barred by the Maryland statute, before her death. The bill of BILLS OF REVIEW. 813 review was not filed until more than five years after the daughter attained her majority and nearly six years after discovering the alleged fraud. The exec- utor demurred. The bill was dismissed. The opin- ion of the court, per Ashmax, J., contains a very full and able review of the cases. He says : "To sum up, then, the facts, as set out and sworn " to by petitioner — and we have not gone outside of " her own statement — are these : When she found the " note, the relation of guardian and ward between her- " self and the respondent had virtually ended, and she "reached full age in three, or, at most, six months " thereafter ; she promptly charged the respondent "with his indebtedness, and as promptly received an " explicit denial ; and she then allowed more than five "years after attaining her majority, and nearly six "years after discovering the alleged fraud, to pass " before she commenced this proceeding. In all this "time she brought forward no new fact which could " have strengthened her first judgment of the transac- " tion, and no mis-statement by the respondent which " could have misled it ; the materials for her charge of "dishonesty were the same, and were as much within "her grasp in 1885, as they are in 1891. The ques- " tion, it seems to us, is not so much fraud on the part "of the respondent as laches on that of the petitioner, "and in either aspect, the result must be adverse to " the petitioner, for the law will not presume fraud, " and it will not tolerate negligence. The cases have "been by turns severe and indulgent in dealing with " this subject, but we have not found any authoritative "decision where no disability, as of non-age or covert- "ure had intervened, in which relief was granted " when more than five years of inaction followed a full 8l4 BILLS OF REVIEW, " knowledge of the mistake or the fraud. Kuhns* ''Appeal, 6 Nor., loo, was cited by the petitioner, but " the delay there was only two months, and the clos- " ing words of the opinion emphasize the distinction "between that case and this. ' It is mockery,' said "Trunkey, J., 'to say she could have ascertained " ' the truth, for her confidence in her guardian long " ' continued. There was not a circumstance to shake " ' it or move her to inquiry.' Here there were both. "In Weiting v%. Nissley, 6 Barr, 141, the administra- " tor's account was confirmed in 1839, and the dis- "tributee, who was still a minor, applied in 1846 for a " review, alleging specific errors and omissions. The " petition was held too late. In Buntings Appeal, 4 " W. & S., 469, a delay of seven years was adjudged " fatal. In Mitchell vs.. Kintzer, 5 Barr, 216, the fraud " was committed in 1841, the widow promptly asserted "her rights by a re-entry, and she was permitted to " set up the fraud in an action of ejectment against "her in 1847. So in Jackson vs. Summerville, i Han, " 359' which was referred to by the petitioner, the fraud "does not seem to have been understood by the " party aggrieved until nine years after it had been "perpetrated, and there was no delay on the side of "her heirs. In Kinter's Appeal, 12 P. F. S., 318, the '' review was asked for in. less than three years after " the filing of the account. * * '■' The demurrer " is sustained and the petition dismissed." In White's Estate, i Dist. Rep., 508 (1892), the will was probated in 1868, and the first account was filed in 1870. A second account was filed in 1876. Both were audited, the reports confirmed absolutely and distribution made. No notice was given to a non- resident minor, who was directly interested. He BILLS OF REVIEW. 815 came of age July 25, 1886, and filed his petition October 31, 1891. He averred fraud and conceal- ment, and prayed for an account. One of the exec- utors had died. It was held (opinion by JIanna, P. J.) 1. That it was now too late to set aside the decree. 2. That the Orphans' Court cannot without a bill of review, alter a final decree after the end of the term. 3. That a bill of review is too late after actual payment in accordance with a decree of court. 4. But that a petitioner might have a remedy by vacating the decree of confirmation, upon the ground of concealment and fraud, and by an order of restitu- tion from the distributees of money improperly awarded to them. The executor or administrator of the deceased executor and all parties entitled to notice to be made parties. Leave was granted to amend the petition accord- ingly, etc. §4956 Second— For What the Review Must be Asked. The act refers alone to decrees confirming the accounts of executors, administrators and guardians. Omissions and Mistakes. Where an account has been absolutely confirmed the remedy for omissions, or mistakes, is by petition for review. Downing s Estate, 5 W., go (1836). Not Allowed for Miscalculation of Interest. After an estate has been setded and acquiesced in for a number of years, the adjudication will not be opened to compel the executor to account according 8l6 BILLS OF REVIEW. to a Strict calculation of interest. Deardorff' s Appeal, 6 W., 159 (1837); Mylins Case, 7 W., 71 (1838); see Bunting s Appeal, 4 W. & S., 469 (1842). Allowed to Surcharge Moneys Not Accounted For. In Brigg's Appeal, 5 Watts, 91 (1836), it was held that the Orphans' Court, in the exercise of its discre- tion, had power to order a review of a guardian's account on the ground of his omission to account for money received — the omission having been newly dis- covered. But Sergeant, J., said : " It is requisite that "this discretion be exercised with great caution and "only within a reasonable time, otherwise accounts " never would be at rest." In Kinters Appeal, 62 Pa. St., 318 (1869), Shars- wooD, J., said that the Act of October 13, 1840, was probably passed in consequence of the decision in Briggs Appeal. In Kintzers Appeal it was held that the Act of 1840 did not protect the accountant from surcharge after distribution, of moneys not accounted for. Not Allowed Because Distributees Refuse to Accept. A bill of review cannot be filed by an administra- tor because the distributees decline to accept the sums decreed to them. Gready s Estate, 14 Phila., 259 (1881). Allowed for Premature Filing and Decree. In Simpson s Appeal, 18 W. N., 175 (1886), the account of the guardians was prematurely and illegally filed. The balance decreed to Mary V. Simpson was not coming to her at the time of the decree. A review was granted. BILLS OF REVIEW. 817 When Allowed for New Proof. As matter of grace, a review may be granted for new proof discovered after the decree, which proof could not possibly have been used at the time when the decree was made. Priestley s Appeal, 127 Pa. St., 432 (1889). Error of Law Must Appear. But it will not lie for an error of law unless such error appear on the face of the decree. i^Ibid, 433). The words "shall grant," Act October 13, 1840, do not make a review a matter of right unless error in law appear on the record or new proof be discov- ered after the decree. [Ibid.) The evidence will not be re-examined. {Ibid.) Advertisement of Account Sec. Leg. Enough. The statutory advertisement of filing an account, etc., is sufficient. {^Ibid, 432.) Overhauling Accounts of Giiardians. Guardian's accounts will not be opened, settle- ment being made with the ward after his majority in presence of a third party, especially after guardian's death, unless for clear mistake or fraud. Roth' s Estate, 30 W. N., 408 (1892). See chapter " Guardian and Ward." If the Trustee be Dead, His Representatives Should Beware of Calling Any Witness to the Transaction. The Act of June 11, 1891 (P. L., 287), excludes the survivor, except as to relevant matter occurring before death, "if, and only if, such relevant matter " occurred between himself and another person living 8l8 BILLS OF REVIEW. " and competent to testify, and who does so testify << * * * a£-ainsi such, 'survivor,'" etc. The representatives of the dead trustee should, if possible, absolutely abstain from calling any witness to the settlement or to other 'relevant matter. The moment they do so the attacking party becomes com- petent although the other be dead. The statute is most ambiguously expressed, but this seems to be its interpretation. RotKs Estate, 30 W. N., 408 (1892). §4957 Third— By Whom the Petition for a Review Can be Presented. The act requires that it should be presented by the executor, administrator, guardian or their legal representatives, or by some person interested. A Creditor Whose Claim Was Not Adjudicated Can- not Have a Review. If distribution be made under the direction of the Orphans' Court, upon filing refunding bonds, and the adjudication upon the account be confirmed absolutely, a creditor whose claim was not adjudicated has his remedy against the refunding bonds, but is not entitled to a petition of review. Schaeffer's Appeal, 119 Pa. St., 640(1888). §4958 Fourth— Requisites of the Petition. The act requires a specification of errors and an affidavit. A bill of review is in the nature of a new suit founded on some substantial error of law, appearing on the record of the former case or on newly discov- ered evidence. The petition must set forth specifi- ifally the error complained of and that a decree set- tling the account has been made. The averments of BILLS OF REVIF.W. 819 error must be supported by evidence. Cramp's Appeal, 81 Pa. St., 95 (1876). § 4959 Form of Bill of Review. In the Orphans' Court for the City and County of Phila- delphia. In the matter of the estate of John Smith, deceased. February Term, 1893. No. 100. To the Honorable, the Judges of the said Court : The petition of Joseph Smith respectfully represents : 1. That said John Smith, late of the county aforesaid, died on or about January i, 1890, intestate, a widower, leaving to survive him two children, James Smith and Joseph Smith, your petitioner. 2. That January 5, 1890, letters of administration upon said estate of the said John Smith were granted by the Register of Wills of Philadelphia County to the said James Smith. 3. That said administrator, January 5, 1891, filed his account, which was audited by your Honorable Court the first Monday of February, 1891. 4. That the said adjudication was filed February 10, 1891, and absolutely confirmed February 28, 1891. 5. That said account of said administrator contained the fol- lowing errors of fact : — {a) Said accountant wholly neglected to account for the sum of one thousand dollars received by him from the Life Insurance Company, being the proceeds of a life insurance policy upon the life of said decedent, paid to said accountant January 30, 1890. {J)) Said accountant wholly neglected to account for a certain mortgage for fifteen hundred dollars held by the decedent against the property No. Street, Philadelphia. ((t) Said accountant as such administrator received from the sum of five himdred and thirty dollars in full for prin- cipal and interest of a note held by said decedent in his lifetime against said . But said accountant charged himself with only two hundred dollars of said sum, falsely representing said last named sum to be the full amount received by him from the said (Set forth all matters complained of.) 820 BILLS OF REVIEW. 6. Your petitioner, at the time said account was filed and adjudicated, was absent from the City of Philadelphia. He did not return until after the absolute confirmation of said adjudication, at which time he first saw said account. He did not at that time know of the errors in said account above mentioned nor did he learn of the same until within the past three months. He was assured by said accountant that said account was true and correct, and relying upon the integrity of the accountant he did not investigate the truthfulness of said account until within the six months last past, with the results above stated. 7. That said accountant has retained for his own use the said sums of money unaccounted for and has been collecting the interest upon said mortgage and converting the same to his own use. 8. That the only persons affected by this petition are the said administrator, James Smith, his sureties, A. B. and C. D., and your petitioner. Wherefore, your petitioner prays your Honorable Court to award a citation, directed to the said James Smith, commanding him to appear and to show cause why said confirmation of said account should not be opened, reviewed and set aside, and said account cor- rected by surcharging, the said administrator with the sums and security not included in his said account. And your petitioner will ever pray, etc. Joseph Smith. City and County of Philadelphia, ss.: Joseph Smith, the above-named petitioner, being duly sworn according to law, doth depose and say that the facts set forth in the foregoing petition and the allegations of errors therein contained are true. Sworn to and subscribed this■^ day of February, V 1893- 3 DECREE. And now, , 1893, upon consideration of the foregoing petition and on motion of E. F., pro petitioner, it is ordered and decreed that the prayer of said petition be granted and that a cita- tion issue, directed to the said James Smith to appear and show cause why the decree of confirmation of the account of the said BILLS OF REVIEW. 82 I James Smith, administrator of the estate of John Smith, deceased, should not be opened, reviewed and set aside, and said account cor- rected by surcharging said administrator with the sums and security not included in his said account. Citation returnable at a. m. (Initials of Judge.) § 4960 Form of Answer to the Foregoing Petition. (Caption.) To the Honorable, the Judges of the said Court: The answer of James Smith to the petition of Joseph Smith, praying for a review of the account of respondent, administrator of said decedent, etc. 1. I admit the averments contained in paragraph i of said petition. 2. I admit the averments contained in paragraph 2 of said petition. 3. I admit the averments contained in paragraph 3 of said petition. 4. I admit the averments contained in paragraph 4 of said petition. 5. I deny that said account contained the errors alleged in the fifth paragraph of said petition or that said account contained any error or errors whatsoever. I denythat I ever received one thou- sand dollars or any other sum from said Insurance Com- pany as alleged in said paragraph 5, and I aver that said policy referred to by the petitioner was in favor of Sarah Smith, the bene- ficiary therein named, who collected the proceeds of said policy from said company. I deny that I neglected to account for any mortgage held by said decedent and to which his estate would have been entitled, and I aver that the mortgage referred to in said paragraph was held by said decedent as trustee for , who is alone interested in said mortgage. I deny that I ever received from the said more than the two hundred dollars included in said account. 6. I deny that the petitioner was absent from the City of Philadelphia when said account was filed. I deny that said account is incorrect or untrue in any particular. I aver that I handed 'the 822 BILLS OF REVIEW. petitioner a correct copy of said account the day the same was filed, and that I subsequently mailed to him by registered letter a notice of the time and place for audit. The petitioner had every oppor- tunity of investigating the truth of said account. After the said absolute confirmation I paid the petitioner the sum to which he was entitled and hold his receipt in full, together with a full and com- plete release. The decree in his favor has been satisfied of record. 7. I deny the averments contained in paragraph 7 of said peti- tion and I further deny the right of said petitioner to the relief prayed for. Wherefore, I pray that said petition be dismissed. James Smith. (Affidavit of truth of answer. ) The foregoing petition and answer raising ques- tions of fact, the petitioner should file a general repli- cation. An examiner can then be appointed. Upon filing of his report the proceedings would be argued before the court and the petition granted or dismissed as the facts would warrant. A petition and answer raising purely questions of law could be ordered down upon the argument list and disposed of without reference to an examiner. CHAPTER XVIII. CONCLUSIVENESS OF DECREES OF ORPHANS' COURT. §4961 The Act of March 29, 1832, §2 (Br. Purd., 1279, §3), already quoted in the chapter on " Jurisdiction," declares that the Orphans' Court is " a court of record " with all the qualities and incidents of a court of " record at common law ; its proceeding and decrees " in all matters within its jurisdiction shall not be " reversed or avoided collaterally in any other court." Provision is then made for reversal in the Supreme Court. § 4962 No Action of Debt Will Lie. Notwithstanding the broad language of the act cited, it was held in Eichelberger vs. Smyser, 8 W., 181 (1839), that an action of debt would not lie upon its judgment. No provision has been made for a scire facias to revive. Weyand's Appeal, 62 Pa. St., 198 (1869). 824 CONCLUSIVENESS OF DECREES. § 4963 But a Transcript May be Filed in Common Pleas and Sci. Fa. Issued. The Act of March 29, 1832, §29 (Br. Purd., 551, §216), cited in chapter on "Executions," provides for filing in the Common Pleas certified transcripts of amounts due by any executor, etc., which thereupon become liens for five years. Scire facias may issue, etc. See chapter on " Executions." § 4964 Not a Court of General Jurisdiction. The Orphans' Court possesses only the powers conferred by statute. Franks ys. Groff, 14 S. & R., 181 (1826) ; Weyandv?,. Weller, 39 Pa. St., 443 (1861). For a full discussion of questions of jurisdiction see chapter on " General Jurisdiction." § 4965 The Orphans' Court is a Court of Record. t What is exactly meant by the expression " court "of record" has been the subject of some debate. The right to fine and imprison for contempt was at one time conclusive evidence that the court was a court of record ; and it was said that the erection of a new tribunal with this power rendered it ipso facto a court of record. But it is clear that every court of record does not possess this power. So, too, the mere fact that a record is kept does not define the character of the court. Probate and many courts of limited juris- diction keep records, and yet are held not to be courts of record. The best definition seems to be this : " A "judicial organized tribunal having attributes and " exercising functions independently of the person "of the magistrate designated generally to hold it, CONCLUSIVENESS OF DECREES. 825 "and proceeding according to the course of the com- " mon law." (Bouvier's Law Dict'y., Vol. I, 384.) Under the Act of 1832 it is declared that the decree in all matters within the jurisdiction of the court shall not be reversed or avoided collaterally in any other court. §4966 The Court Itself Can Correct its Own Decrees. The statute in nowise interferes with the power inherent in every court to correct its mistakes. The act simply prohibits the interference of any other court, save the Supreme Court, in the exercise of its appel- late jurisdiction ; but after the lapse of five years, title having vested upon confirmation of a sale, it was held that the court could not set aside the sale and order a new sale. Lockhart vs. John, 7 Pa. St., 137 (1847). It may be observed that the record and decree are conclusive, both as to matters of fact and matters of law, unless amended or corrected. It is the inherent right of every court to revise and modify its decree if injustice has been done by inadvertence, unavoidable absence of parties, a misapprehension of the law or where material evidence is discovered subsequent to hearing, if the application be made in proper time. Clerical errors and omissions may be corrected by the court upon motion and notice or petition durmg the term. But the court has no right to change or alter its decree entered in an adverse proceeding after the end of the term at which it was entered. McCulloiigli s Estate, 47 Leg. Int., 213 (1890) ; King vs. Brooks, 72 Pa. St., 364 (1872) ; Mathers vs. Patterson, 33 Pa. St., 487 (1859) ; Ullery vs. Clark, 18 Pa. St., 148 (1851). This can then only be done by bill of review. 826 CONCLUSIVENESS OF DECREES. In cases of default or mistake of fact a petition for a rehearing setting forth the jg-rounds for the appHcation should be presented under oath. For error appearing in the body of the decree and for new matter which has arisen since the decree, a bill of review is a matter of right. For after discovered evidence a bill of review may be allowed ex gratia. See chapter "Bills of Review." In order to be conclusive, the decree must be " in a matter within the jurisdiction " of the court. In other words : If the court has jurisdiction, its decree cannot be collaterally impeached. Jurisdiction is, of course, an essential requisite to the validity of all judicial proceedings. Without it the case is said to be coram non judice. The want of juris- diction can be alleged at all times, in all places, and before all tribunals. If successfully asserted, the entire proceeding falls. Before the Act of 1832 it was ruled that the decrees of the court could be questioned in actions of ejectment. Messinger vs. Kintner, 4 Binn., 103 (181 1) ; Fogelsonger vs. Somertille, 6 S. & R., 267 (1820); Stoolfoos vs. Jenkins, 8 S. & R., 173 (1822). A more just view was taken in McPherson vs. Cimliff, II S. & R. 422 (1824). §4967 When Decrees are Conclusive. In the following cases the decrees have been held conclusive, and have precluded attack in any collateral proceeding. A decree- in partition. Herr vs. Herr, 5 Pa. St., 428 (1846); Stievily vs. Wagner, 8 Pa. St., 396 (1848); Welty vs. Ruffner, 9 Pa. St., 224 (1848); CONCLUSIVENESS OF DECREES. 827 Ihmsen vs. Ormsby, 32 Pa. St., 198 (1858) ; Merklein vs. Trapnell, 34 Pa. St., 42 (1859) ; Waters vs. Bates, 44 Pa. St., 473 (1863). A decree upon the settlement of an administra- tion account. McFadden vs. Geddis, 17 S. & R., 336 (1828); McLenachan vs. Commonwealth, i Rawle, 357 {1829) ; App vs. Dreisbach, 2 Rawle, 287 (1830) ; Comm. vs. Moltz, 10 Pa. St., 527 (1849); McFarland's Estate, I Phila., 378(1851). A decree confirming the account of an executor or trustee. Moore s Appeal, 10 Pa. St., 435 (1849) ; Helfensteins Estate, 135 Pa. St., 293 (1890). A decree awarding an order of sale for the pay- ment of debts and provision for minors. McPherson vs. Cuiiliff, II S. & R., 422 (1824); Kennedy vs. Wack- smuth, 12 S. & R., 171 (1824); Klingensmith vs,. Bean, 2 Watts, 486 (1834); Snyder vs. Markel, 8 Watts, 416 (1839). A decree confirming a sale for the payment of debts. Iddingsys. Cairns, 2 Grant, 89 (1853); Richter vs. Fitzsinimons, 4 Watts, 251 (1835). A decree directing a private sale. Gilmore vs. Rodger s, 41 Pa. St., 120 (1861). A decree confirming an Orphans' Court sale. Gallaher vs. Collins 7 W., 552 (1838) ; Dixcy vs. Laning, 49 Pa. St., 143 (1865). A decree directing payment. Roy vs. Toivnsend, 78 Pa. St., 329 (1875); and distribution, Bradshaws Appeal, 3 Grant, 109 (1861) ; Kline s Appeal, 86 Pa. St., 363 (1878) ; Howell's Estate, 5 W. N., 430 (1878). A decree against the claim of a creditor. Prowa- thin vs. O'Brien, i W. N., 155 (1875). A decree for the removal of an executor. Buehler •vs. Btiffington, 43 Pa. St., 278 (1862). 828 CONCLUSIVENESS OF DECREES. A decree dismissing a trustee, on his own petition. Johnson s Appeal, 9 Pa. St., 416 (1848). A decree directing a trustee to execute a mort- gage. Leedom ws. Lombaert, 80 Pa. St., 381 (1876); Morgans Appeal, no Pa. St., 271 (1885). A decree dismissing exceptions and confirming a report unless appealed from. Myers vs. Kingston, 126 Pa. St., 582 (1889). A decree of specific performance. Nelson vs. Nelson, 117 Pa. St., 278 (1887). A decree awarding a fund to an assignee of a dis- tributee as against an attaching creditor. Otterson vs. Gallagher, 88 Pa. St., 355 (1879) I but this does not preclude the question of the bona fides of the assign- ment in a collateral suit. Middleton vs. Norcross, 1 1 W. N., 321 (1881); see McGettrick's Appeal, g2, Pa. St., 9 (1881). A decree against the principal in a proceeding against the sureties. McMicken vs. Comni., 58 Pa. St., 214 (1868); Hartzell vs. Comm., 42 Pa. St., 453 (1862); Comm. vs. Rhoads, 37 Pa. St., 60 (i860) ; Moorhead vs. Comm., i Grant, 213 (1855). This branch of the law might be extended into kindred subjects and the same doctrine found. The decree of a Register probating a will both as to realty and personalty cannot be collaterally attacked. Hess -vs. Hess, 5 W., 187 (1836); Carpenter vs. Cam- eron, 7 W.,, 51 (1838) ; Loy vs. Kennedy, i W. & S., 396 (1841) ; Shermer s Appeal, 44 Pa. St., 39 (1863) ; Frey vs. Klebe, 36 Leg. Int., 114 (1879); Wilson vs. Gaston, 38 Leg. Int., 43 ; 92 Pa. St., 207 (1880); Shoen- bergers Estate, 27 W. N., 129 (1891) ; and this is true as to all persons, whether non compos, feme covert or infants, unless contested in five years. Warfield vs. CONCLUSIVENESS OF DECREES. 829 Fox, 53 Pa. St., 382 (1866) ; Folmars Appeal, 68 Pa. St., 482 (1871) ; and the decree of a Register refusing probate cannot be attacked collaterally. McCay vs. Clayton, 119 Pa. St., 133 (1888). A decree secured by fraud or collusion may be attacked on that ground. Meckley s Appeal, 102 Pa, St., 536 (1883); Biddle vs. Tomlinson, 115 Pa. St., 299 (1886). §4968 Although the Decree be Clearly Voidable, it Cannot be Impeached Collaterally. In Painter vs. Henderson, 7 Pa. St., 48 (1847), a very plain error appeared. The partition Act of March 29, 1832, gave the court the power to award the land in a certain case to the heirs. The Orphans' Court decreed the real estate to the widow. It was held that this was clearly erroneous and voidable ; but as the court had jurisdiction of the partition, it was ruled that this question could not be reviewed collat- erally. So, too, the Act of March 29, 1832, §33, pro- vided that no order of sale shall be granted until the administrator has given bond, etc. It was held that the omissiofi to order security is error, but not sufficient ground for collateral attack. Lockhart vs. John, 7 Pa. St., 137 (1847). § 4969 The Decree Against an Administrator is Con- clusive as to His Sureties. In Garber vs. The Comm., 7 Pa. St., 265 (1847), the court said : " That the decree is conclusive would "seem to be settled by the Act of March 29, 1832." The sureties can appear in the Orphans' Court, make defence and appeal. , 830 CONCLUSIVENESS OF DECREE?. § 4970 Omission to Notify. In Welty vs. Ruff tier, 9 Pa. St., 225 (1848), the vendees of one of the heirs were not notified of the partition proceedings. The conveyance was after the filing of the petition, and the party in interest at that date was notified. Gibson, C. J.: " Even if the supposed irregularity " would be fatal to the sale on appeal, it would not "affect the validity of it in a collateral action." The general principle as to conclusiveness of the decree is re-affirmed in Keech vs. Rinehart, 10 Pa. St., 242 (1849). But that case simply presented a ques- tion as to whether the settlement of an administration account "is to be accepted as settling every question " that may arise upon the items incidentally intro- " duced into it." It was ruled that the confirmation did not have that effect. §4971 Notice Must Be Served. The case above noted, Welty vs. Riffner, 9 Pa. St., 225 (1848), was followed two years afterwards by another upon the same question, viz., the want of notice. In Welty vs. Ruffner the point ruled was that notice having been given to all parties when the par- tition was commenced, the actor was not bound to notify vendees of one of the persons notified. The party complaining had not even recorded the deed. But this case must not be supposed to rule that where notice is necessary and the record shows that no noticf has been given, a decree entered can stand. CONCLUSIVENESS OF DECREES. 83 I McKee vs. McKee, 14 Pa. St., 231 (1850), was an application to the Orphans' Court to decree specific performance of a parol contract for the purchase of land. Under the Act of February 24, 1834, §15, notice must be given to the heirs to appear on a day certain and answer. The petitioner secured the appointment of a guardian ad litem of the minors, and a reference to a commissioner to take depositions. He thereupon notified the guardian, of the petition and of the day fixed for taking the depositions. But no day was named for the minors' appearance, nor were they required to appear and answer. On the filing of the depositions, the court adjudged the proofs sufficient. The administrator, under leave granted, made a deed, received the pur- chase money, and it was distributed, amongst others, to the guardian. When the records of thbse proceed- ings were offered, objection was made to the omission of the day to appear and of notice to answer. As to receipt of the money it was said, "The guardian of "plaintiffs could not, by receiving the money upon " totally defective proceedings, divest the interest of " the wards." These objections were sustained in the court below and its judgment was affirmed. The Supreme Court said (p. 238), " The power " to divest men of their estates and transfer them to "others is a momentous one, to be exercised with "great care and caution. Before it can be made " effective, the court must possess itself not only of " the subject, but of the person whose interests are to 832 CONCLUSIVENESS OF DECREES. " be dealt with, and after this the proper decree must "be pronounced." It will be noted that the Orphans' Court did not make, in this case, a decree for specific performance, nor, indeed, any decree. The necessity for notice is regarded as an axiom of natural justice, and of uni- versal application. CHAPTER XIX. COSTS, §4972 The history of the allowance of costs is given in Brewster's Practice, Vol. II, Chap. XLIII. A number of cases are there cited. For costs in equity and the eqjiity fee bill see that chapter. § 4973 The Fees of the Clerks of the Orphans' Courts, except in counties having more than one hundred and fifty thousand or less than ten thousand inhabitants, are fixed by Act of June 12, 1878, §7 (Br. Purd., 783). For filing and entering petition for appointment of guardian and issuing certificate of ap- pointment, . . . . . ■ $ 75 Filing and entering list of property selected and retained by widow under Act of Assembly, 40 Entering judgment, order, or rule of court, . 20 Confirmation of accounts of executors, adminis- trators or guardians, . . . . i 00 Filing petition for pension, order, copy and seal, 40 All proceedings on inquisition on real estate, including petition, order, return, confirma- tion, rule and recording, . . . 2 25 Taking and docketing recognizances, . . 25 All proceedings for sale of real estate, . . 3 00 Filing and entering bond, .... 20 834 COSTS. Entering motion and rule of court thereon, . $ 20 Issuing subpoena and seal, . . . . 25 Each name after the first, . . . . ' 02 Issuing citation with seal and recording or fil- ing petition therefor, .... 40 Issuing attachments with seal and recording or entering petition therefor, ... 40 Copy of record or any paper filed or any part * thereof for every ten words, . . . 01 Every search, where no other service is per- formed to which fee is attached, . . 15 Filing any paper not specially provided for, . 10 Recording a draft, ..... 20 Making out order under seal to auditors ap- pointed to apportion intestate's property among creditors and to auditors appointed to settle and adjust accounts of administra- tors, executors or guardians, . . 75 Filing auditor's report and entering approval of court thereon, . . . . . 15 Copy of said report for either party, each item, 01 Accounts of administrators, executors, guar- dians and auditor's reports, for every ten words or every twenty figures, . . 01 Certificate seal, . . . . . . 25 Same fee for services not herein specially pro- vided for as for similar services. § 4974 Separate Orphans' Courts May Establish Reg- ister's Fee Bill. The Act of March 24, 1877, §1 (P. L., 37) ; (Br. Purd., 783, §21), provides: In counties wherein separate Orphans' Courts are now or may be established, the said courts shall establish a bill of costs, to be COSTS. 835 chargeable to parties and to estates, for the probate of wills and testaments, and granting of letters testamentary or of administra- tion, and for all the services of the Register of Wills of such county in the transaction of the business of his office, provided the tax to be paid to and received by the Register for the use of the Common- wealth shall not be less than the sum now or hereafter fixed by law. Between $250 and " 1,000 " 5,000 " " 10,000 " And over 1 100,000, 25 00 00 50 I 00 I 00 § 4975 Fee Bill of Register of Wills of Philadelphia 'Administering oath or affirmation, . . $ Citation or attachment, . . • . . i Commission to take testimony of witnesses, . 5 Certified copy of will, inventory and appraise- ment or account, per page of cap or brief paper, ....... Certified copy of bond, .... Certificate and seal, ..... Certifying record to Orphans' Court and on appeal, ....... Entering caveat,^ ...... Entering exceptions to administrators' or executors' bonds and hearing same. Filing renunciation of widow, executor, guar- dian or administrator, .... 50 Filing, advertising and recording accounts of executors, administrators, trustees and guardians in estates not exceeding $250 in value, $1,000, 5,000, 10,000, 100,000, 5 00 50 I 00 6 50 8 50 13 50 18 50 23 50 28 50 The above fees include the advertising of audit notices. Filing inventory and appraisement, . . 50 836 COSTS. Recording inventory, per page, or fraction of a page, in addition to the fee for filing, . $ 50 Letters of administration in estates not ex- ceeding 5^250, ..... Between $250 and $r,ooo, " 1,000 " 5,000, " 5,000 " 10,000, " 10,000 " 100,000, And over $100,000, ..... Including filing and entering bonds and tax due the Commonwealth, Precept for an issue, ..... Probate of will and granting letters testament- ary in estates not exceeding $250 in value, . . • . Between $250 and $1,000, " 1,000 " 5,000, " 5,000 " 10,000, " 10,000 " 100,000, And over $100,000, Including tax due Commonwealth, Recording exemplified copies of letters of administration from other States, etc., where letters of administration are not required to be issued, . . . . 3 50 Recording exemplified copies of wills from other States, etc. where letters testa- mentary or of administration c. t. a., are not required to be issued, . . . 3 50 Recording exemplified copies of wills from other States, etc., where letters testa- mentary or of administration c. t. a., are not required to be issued, exceed- ing ten pages 5 00 3 00 5 00 8 50 13 50 18 50 23 50 50 5 00 3 50 5 50 10 50 15 50 20 50 25 50 50 COSTS. 837 Recording wills of decedents of this county and probating the same when no letters are taken out in this county, per page, . $ 50 Filing exemplified copies of letters of admin- istration, etc., from other States, etc., where it is unnecessary to record the same, ....... i 50 Filing exemplified copies of wills from other States, etc., where it is unnecessary to record the same, . . . . . i 50 Filing and entering bond where additional security is required, . . . . 2 00 Search and certificate, ..... 50 Short certificate, ...... 50 Subpoena, ....... 25 §4976 Dockets of Registers and of Clerks of Orphans' Courts. The books hereafter to be purchased by the Register and Clerk of the Orphans' Court for the records of their offices, shall be paid by orders drawn by the County Commissioners of the proper county, on the Treasurer thereof. (Act February 22, 1821, §8, 7 Sm., 373 ; Br. Purd., 783, §20._) How Register May. Collect His Costs. The Act of March 15, 1832, §38, (P. L., 145; Br. Purd., 1476, §17), provides : Whenever any proceedings before a Register (or Register's Court) shall be wholly ended and the fees and costs accrued thereon shall remain during the space of thirty days thereafter due and unpaid, such Register may file a bill thereof, under his hand and the seal of his office, in the Court of Common Pleas of the county ; and upon the docketing thereof an execution may be issued, in the name of the Commonwealth, to levy the amount of tl^e said bill in 838 COSTS. like manner as executions may issue to levy costs accrued in the courts of common law, and subject in like manner to control and taxation by the said court. By Act of March i8, 1875, §1 (?• L-. 29; Br. Purd., 1 281, §22), the judges of the separate Orphans' Courts are required to establish a bill of costs, "to be " chargeable to parties and the estates before them " for settlement, for the services of the Clerks of said " courts, respectively, in the transaction of business "of said courts." i 4977 Fee Bill of Clerk of Orphans' Court in Phila- delphia. Account, order to file, Account, certified copy of, per page, Acknowledgment of deed, . Adjudication of each account, Not exceeding $100, .... And for each additional $100, to not exceed ing $900, Between $900 and f 10,000, " $10,000 and $100,000, . Over 1 1 00, 000, ..... Adjudication, certified copy of, per page. Affidavit, . . . . Appearance bond on attachment. Appeal to Supreme Court, certificate of record and bond, .... Attachment, rule "for, .... Attachment, . . •. Auditor's report, certified copy of, per page. Auditor's report, filing, ... Auditor's report, recording, per page, . Certificate, ...... 51 00 50 50 I 00 1 00 10 00 15 00 20 00 50 25 2 00 5 00 I 00 I 00 50 I 00 50 I 00 COSTS. 839 Certificate, duplicate, .... Citation, .... Commitment, ..... Decree, certified copy of, per page. Examiner's report, certified copy of, per page. Examiner's report, filing. Exemplification of record, per page. Fieri facias, ..... Guardian, petition for appointment of, filing and bond, ..... If only one minor, .... If more than one minor, for first bond. Each succeeding bond. Injunction, filing bond, " order in nature of. Inquest, one description. Each additional description; Inventory, guardians', Marriage license, .... Master's report, filing. Minor's certificate and oath. Money paid into court : — Commissions one per cent, up to $1,000, and per cent, on any excess of 1 1,000. Mortgage, filing petition and bond for leave to Order to file account, Order to pay, ..... Order of sale, one description. Each additional description. Order of sale, certified copy of, per page, Petition, certified copy of, per page. Purchase money, filing petition and bond for. Refunding bond, .... 5 50 I 00 I 00 50 50 5 00 50 I 00 2 50 2 00 1 00 2 50 I 00 ■; 00 50 50 50 5 00 50 one-half 2 50 I 00 I 00 3 00 50 50 50 » 2 50 • 2 50 I 00 25 2 50 8 50 13 50 I 00 I 50 840 COSTS. Rule for attachment, . . . . $ i 00 Sale, petition for, filing and taking bond, . 2 50 Students, certificate of preliminary examina- tion, ....... 25 Students, application for admission and cer- tificate, ...... Subpoena, ...... Trustee, petition and bond for, filing. Trustee, filing account of : — Under $1,000, ...... Over $1,000, ...... Venditioni exponas, ..... Widow's claim for $300, .... The fees to be taken by the Sheriffs for services enjoined by Act of March 29, 1832, are fixed by the sixtieth section of said act (Brightly's Purdon, 1287, §66), which is given at length in this work. Chapter, " History and Organization." § 4978 Executions May Issue for Costs on Interlocu- tory as Well as on Final Orders. Execution process may be issued to enforce all orders of court, either final or interlocutory, for the payment of costs made in any of the courts of this Commonwealth, the same as on a judgment in the Court of Common Pleas, and shall be executed in the same manner. (Act May 3, 1889, P. L., 78.) § 4979 Fees of Clerks for Entering Proceedings in Partition. These are fixed as the same fees allowed to Recorders of Deeds for recording. (Act April 4, 1889, P. L., 23 ; Brightly's Purdon, 2628, §6.) COSTS. 841 By the Act of April 27, 1864, §1 (P. L., 641), (Br. Purd., 1295, §35), the costs in partition, with a reason- able counsel fee, are to be paid from the fund. The Act of May 23, 1871, §1 (P. L., 274), (Br. Purd., 549), §201, permits the Orphans' Court to order the costs upon a sale of the decedent's real estate, with an allowance to the administrator, executor or trus- tee, to be paid when the sale is confirmed. § 4980 General Rules as to Liability for Costs. The Orphans' Court has complete control of all questions as to costs. The rejection of a claim does not of itself carry costs. McCullough' s Estate, ^.y Leg. Int., 213 (1890). Costs of the audit are imposed according to the equities of the case. Riddle vs. Witcraft, 3 Kulp, 1 86 (1884). The general rule is to give the successful party his costs. Where some exceptions to an account are sustained and others dismissed, the costs may be apportioned. Johns Estate, 2 Chest. Co. Rep., 281 (1884) ; Graham s Estate, i Del. Co. Rep., 393 (1884). Costs in equity are discretionary. Application to impose the costs upon a claimant who has ordered a fund into court should be made to the auditor, and not to the court direct. Dinsmore vs. Davis, 7 W. N., 295 (1879)- But while it is true that costs in equity are largely within the court's discretion, they are not arbitrarily to be withheld from the successful party. Biddies Appeal, 19 W. N., 219 (1887). Nor do they necessarily fall upon the wrong party. O' Hara vs. Stack, 90 Pa. St., 477 (1879); Stokelys Estate, 19 Pa. St., 477 (1852). 842 COSTS. The costs of audit are largely within the discre- tion of the Orphans' Court. Lusk's Estate, 150 Pa. St., 517 (1892); Toomey's Estate, 150 Pa. St., 535 {1892). §4981 In Issues d. v. n. A judgment on a verdict in an issue d. v. n. is to be entered with costs, as in other cases. A reversal by the Supreme Court of a judgment in such case, with costs, includes the costs in the Com- mon Pleas and in error, but not the costs before the Register. McMastersws. Blair, 31 Pa. St., 467 (1858). Executors are mere stakeholders and it is their duty before taking part in a contest devisavit vel non, to call upon the parties interested in the establish- ment of the will to indemnify them against costs and expenses ; they will not be allowed credit for such costs and expenses. Rankin's Estate, 9 W. N., 407 (1880); Neat's Estate, 18 W. N., 85 (1886). The right of an executor to costs in an issue devisavit vel non, depends on whether the litigation is for the benefit of those entitled to the estate of dece- dent. An executor will not be allowed counsel and wit- ness fees expended by him in attempting to support a forged will. Sheetz's Appeal, 100 Pa. St., 198 (1882). §4982 Decisions as to Costs. A widow elected to retain real estate to the value of three hundred dollars, and it was set apart to her, subject to the lien of a mortgage. The property was subsequently sold under a lev. fa. sur the mortgage COSTS. 843 for a sum less than the judgm5nt. The widow then claimed against the fund and the question was referred to an auditor. Her claim being unwarranted, the costs of audit were imposed on her. Kauffman's Appeal, 112 Pa.- St., 645 (1886). Where a husband elects to take against the wife's will, the ordinary costs of administration should be paid out of the estate, but his share should not be thus burdened. McDonald's Estate, t,j Pitts. Leg. Jour., 275 (1890). Where the necessity for litigation upon the part of a ward against his guardian is due to the default of the guardian, the costs of the proceeding will be imposed on the guardian. Simon's Appeal, 19 W. N., 94(1887). Where a trustee fails to file an account until com- pelled to do so by the cestui que trust, and this is fol- lowed by extended litigation resulting favorably to the cestui que trust, the court will impose the costs on the trustee. Taylor s Appeal, 21 W. N., 357 (1888). This same doctrine exists where a guardian is responsible for litigation. Born's Estate, 16 W. N., 68 (1885). Costs in the Orphans' Court in cases not involv- ing fraud or breach of trust on the part of the losing party, cannot be enforced by attachment. Tarrs Estate, 20 W. N., 320 (1887). Nor in such cases can the fees of a master in equity be collected by attachment. Pierce s Appeal, 103 Pa. St., 27 (1883). Where a petition is presented for allowance to a minor, under advice of counsel, if the petitioner do not wish to press the matter, the proper practice is to ask for leave to withdraw the petition and vacate the 844 COSTS. appointment of examhier and master, otherwise costs will be imposed. Wertzs Estate, 44 Leg. Int., 253 (1887). The expenses incident to the sale of real estate cannot be regarded as " costs of administration," in the sense of being chargeable in the first instance upon personalty. The costs of raising a fund, in- cluding counsel fees, auctioneer's charges, account- ant's commissions, etc., fall upon the fund itself. Teafs Estate, 26 W. N., 310 (1889). It is the general practice to file a bill of costs for the attendance of witnesses, yet in the audit and settlement of accounts, the practice is for the Audit- ing Judge, at the time an award is made or credit allowed accountant, to deduct and direct payment of the witness feeS, if properly chargeable on the fund. Rankin Estate, 45 Leg. Int., 174 (1888). Upon an execution to enforce an order to pay costs, the defendant is entitled to claim the exemption provided by the Act of 1 849. Taylor s Estate, 48 Leg. Int., 25 (1891). Where an examiner, with consent of the parties, employs a stenographer, under the Act of May 24, 1887, §6 (P. L., 200), the stenographer's reasonable charges are taxable as costs. But copies of the evi- ,dence furnished counsel must be paid for by the parties ordering them. Drinkhouse' s Estate, 30 W. N., 306 (1892). Where a guardian settled his account out of court, and the ward subsequently endeavored, but unsuccessfully, to surcharge him, the guardian was allowed the costs of audit. Roth's Estate, 150 -Pa. St., 261 (1892). COSTS. 845 The question of liability for costs should be raised before the auditor or in the lower court, and not, for the first time, in the Supreme Court. Patrick's Appeal, 105 Pa. St., 356 (1884) I Potter vs. Langstrath {Luken's Appeal), 151 Pa. St., 216 (1892). A testator may provide that the costs and expenses of a contest over his will shall be paid by any beneficiaries so contesting. Fows Estate, 30 W. N., 418 (1892). The action of a lower court in taxing costs will not be reviewed by the Supreme Court, except in a flagrant case. Miskeys Appeal, 18 W. N., 100 (1886). § 4983 Pleadings in Equity to be Printed — Amount Paid to be Allowed as Costs, Except in Case of Poverty. Rule III, §14, Equity Rules, provides : All bills, interrogatories, demurrers, pleas, answers to bills and to interrogatories, and amendments of pleadings, where such amendments exceed one hundred consecutive words, shall be printed on white sized paper of a convenient size. Amendments shall be printed on one side only of the paper. Each party appear- ing by separate counsel shall be entitled to ten copies of all such pleadings. The amount paid for printing shall be allowed as costs of the cause. This rule shall not apply where counsel shall certify that his client, by reason of poverty, is unable to pay for the same. * * * § 4984 Auditors, Examiners and Masters May Require Security for Their and the Clerk's Costs. Rule V, §10, provides : Auditors and masters and examiners appointed by this court may at any time, with the leave of the court, require security for 846 COSTS. the payment of their and the Clerk's costs, and may decline to proceed further until such security be entered. No report of an ' auditor or master and examiner shall be confirmed absolutely until all the costs of the reference, including the costs of the auditor or master and examiner be paid. § 4985 Security for Costs. A non-resident heir who takes an appeal from the probate of a will must give security for costs. Leh- man s Estate, Register's Court of Phila., Sept. 4, 1847, MS. The application for security should be made promptly. Reas Estate, 12 W. N., 306 (1882), and should be by petition. King s Estate, 9 W. N., 207 (1880). See Chapter on "Feigned Issues," Brews. Prac, as to security for costs upon appeals from Registers. In Voight vs. Pfaffle, 16 W. N., 47 (1885), a non- resident complainant in equity was compelled to give security for costs, and in Tyndall' s Assigned Estate, 6 VV. N., 562 (1879), a non-resident petitioner who disputed the assignee's right of appointment was ordered to enter security. Both plaintiff and defendant being non-residents, the former was not compelled to enter security for costs. Tyler vs. Bannon, 30 W. N., 372 (1892). Where a creditor is about to issue a commission he cannot be compelled to give security for costs. An administrator in such case will be entitled to costs only after he has filed cross-interrogatories or issued a second commission. McCullougKs Estate, 20 W. N., 471 (1888). In the absence of any rule upon the subject, a non-resident claimant petitioning the Orphans' Court COSTS. 847 for a citation to file an account, need not give security for costs. Buckwalter s Estate, 6 C. C. Rep., 20 (1888). A plaintiff need not give security merely because he has no real or personal property from which the costs could be collected, should the case be decided against him. Staley vs. Oiler, 28 P. L. J., 131 (1888). It was held in Brace vs. Evans, 36 P. L. J., 88 (1888), that in no case except replevin, can a defend- ant be required to enter security for costs. That no costs can be collected in equity unless decreed by the court. CHAPTER XX. EXECUTION. § 4986 Orphans' Court May Enforce its Decrees. As a general rule the Orphans' , Court is empow- ered to enforce its decrees. An action upon any such decree does not lie in another court except in the case of a transcript showing a balance due against an accountant, whereon actions of debt or sci. fa. may be instituted. Where, however, the action is against a surety on a bond, the remedy is in the Common Pleas. § 4987 General Practice. Writs of execution are secured by petition, and upon being granted by the court are issued by the Clerk. Real estate as well as personal property may be sold. The writs follow the Common Pleas forms with necessary modifications. The practice is borrowed from chancery. A peti- tion for an order to pay is presented, and being granted, a certified copy of the order is served personally on the respondent ; on his failure to comply therewith, a peti- tion for a writ of execution is presented, showing per- sonal service of the order, with a demand and refusal to comply therewith on the part of the respondent. • EXECUTION. 849 % 4988 Attachment — Sequestration — Power to Issue. Compliance with an order or decree of the court may be enforced by attachment or sequestration * * * which writs may be allowed by the court or by any Judge thereof, in vacation. (Act March 29, 1832, §57, Br. Pur., 1283, §40). The Orphan's Court has power to issue a writ of attachment for disobedience to its decree. Tomes Appeal, 50 Pa. St., 285 (1865). It may be observed that the decree against a dis- missed executor to pay is founded on a tort, not a con- tract, hence the Act of 1842 does not apply. Chews Appeal, 44 Pa. St., 247 (1863) ; see Scott ws. Jailer, i Grant, 237 (1855). The writ of attachment issues against the person of the defendant. The purpose of the writ is to compel the perform- ance of a duty, as to pay over and surrender trust prop- erty, and may issue against executors, administrators, guardians and other trustees. § 4989 When Attachment May Issue. An attachment may issue against a female acting as an administratrix, for failure to comply with an order of court. Klein s Estate, 11 Phila., 34(1875). Where a surety on a guardian's bond paid the amount due by the guardian, he is subrogated to all the rights of the ward, including the right to enforce by attachment a decree for the payment of money to his use. Leiters Appeal, 10 W. N., 225 (1881). A decree for specific performance of a contract may be enforced by attachment. Chess Appeal, 4 Pa. St., 52 (1846). 850 EXECUTION. • A purchaser at a sale in partition may be com- pelled, by attachment, to comply with his bid. Hore's Estate, 32 Leg. Int., 135 (1875). An attachment may issue against the administra- tor of a guardian, who has settled the guardian's account, to enforce payment of a balance in hand. Bowman vs. Herr, i P. & W., 282 (1830). The payment of owelty in partition may be enforced by attachment. Kennedy, J. Sampson's Appeal, 4 W. & S., 86 (1841). § 4990 When Attachment ^A^ill Not Issue. An attachment will not issue for failure to obey a citation to produce an alleged will ; the petitioner will be remitted to an indictment or action for damages provided by the Act of March 15, 1832. McDonald' s Estate, 38 Leg. Int., 34 (1881). Where an executor's account, as stated by the executrix of such executor, showed a balance due the original decedent, an attachment against such execu- trix to compel payment of the amount due was refused until an account had been filed in the execu- tor's estate. Goldsmith' s Estate, 9 W. N., 276 (1880). It will not lie to enforce payment of the executor's personal debt to the estate, where he is insolvent. Royal's Estate, 40 Leg. Int., 171 (1883). An attachment was refused against a respondent who had lost his equity suit and failed to pay the costs. Cochran vs. Gowen, 9 Phila , 299 (1874). § 4991 Practice on an Attachment. A petition for an order to pay should be pre- sented in the first instance and a certified copy of the EXECUTION. 851 order should be served personally on the executor or administrator ten days before the return day. McKin- neys Estate, 2 W. N., 156 (1875); Killiams Estate, Id., 684 (1876). A return under oath must be made of the time and mode of service. Chews Estate, 3 W. N., 392 (1877)- Form of Petition for Order to Pay, see §4341. Form of Return to Order to Pay, see §4343. If the respondent fail to comply with the terms of the order, at the expiration of the time indicated in the order, present with the return to the order, a peti- tion for an attachment. Thomas Estate, 4 Kulp, 445 (1887). § 4992 Form of Petition for an Attachment — See §4346. The petition being granted, a citation issues returnable sec. leg. Serve the citation and petition upon the respondent. Before the return of the citation the respondent may file an answer. § 4993 Subsequent Proceedings. The attachment will fall where the administrator shows that the non-payment of money, for which the writ issued, was received by his attorney and misappro- priated by him. Hamilton s Estate, 4 W. N., 204 (1877). See Schadewald's Estate, 6 Id., 96 (1878) ; or where he shows the embezzlement was by his surety, and his inability to pay. Stevenson s Estate, 7 W. N., 65 (1879). 852 EXECUTION. On the return of the citation and no answer being filed, a writ of attachment may issue, directed to the Sheriff, returnable forthwith. If an answer be filed and the court regards it as clearly insufficient, a writ of attachment may be immediately granted. The court in its discretion may order the petition and answer on the next argu- ment list. When the writ issues the Sheriff brings the defendant into court and the defendant may make answer at that time why he has not complied with the decree of the court. The petitioner may then examine the respondent on oath in open court, or he may file interrogatories which the court may require to be answered on oath. In the discretion of the court the case may be continued for further hearing, upon the defendant entering security. A defendant brought in on an attachment will be discharged if he purge himself on oath of the alleged contempt or from criminality. Thomas vs. Cummins, i Yeates, 40 (1791) ; Comm. vs. Snowden, i Brewster, 218 (1868). When the respondent fails or refuses to comply with the decree, upon demand of the petitioner, the defendant will be committed in execution of the attachment until he obeys the order. Comm. vs. Reed, 59 Pa. St., 425 (1868). When the defendant is guilty of a misdemeanor, the Orphans' Court may commit him for trial in the Quarter Sessions. Ex parte Blumer, 86 Pa. St., J72 (1878) ; see Comm. vs. Curtis, 2,y Leg. Int., 83 (1880), and Stevenson's Estate, 7 W. N., 65 (1879). EXECUTION. 853 §4994 Form of Writ of Attachment. County of Philadelphia, ss. The Commonwealth of Pennsylvania. To the Sheriff of the said county. Greeting : We command you to attach C. D., so as to have him before our Orphans' Court of the said county on the (date) then and there to answer us as well touching a contempt which he, as it is alleged, hath committed against us, in not (here set forth nature of contempt) as commanded by our Orphans' Court, as also such other matters as shall be laid to his charge, and further to abide the order our said court shall make in this behalf And hereof fail not. Witness the Honorable William B. Hanna, President Judge of said court, at Philadelphia aforesaid, this day of , A. D., one thousand eight hundred and ninety-three. L. M., Clerk of Orphans' Court. § 4995 Writs Must be Directed to the Sheriff, etc. Writs of attachment and sequestration shall be directed to and executed by the Sheriff or Coroner, as the case may require, of the proper county. (Act March 29, 1832, §57 ; Br. Pur., 1283, §41-) § 4996 How Defendant May be Released After Com- mitment. Where the defendant has been committed upon default in answering the petition, the proper practice is to present a petition setting forth the facts, alleging inability to comply with the order and the reasons therefor and praying that the petitioner may be per- mitted to come personally into court, submit to an examination under oath and purge himself of his con- tempt. If possible, it is better to set forth the defense in an answer in the first instance upon the return of the citation sur the petition to show cause why an attachment should not issue. 854 EXECUTION. In Bolton's Estate, ^,7 Leg. Int., 182 (1880), the important and interesting question was raised whether an attachment having issued for a contempt, and the defendant was committed, he could thereafter be dis- charged by the court upon satisfying the court of his inability to pay. It was argued that the attachment being purely a civil remedy, the court had no power to discharge the defendant, the decree being in favor of the party interested. It was decided that it was within the discretion of the Orphans' Court in such case to permit a party attached and committed, to purge himself from the contempt. Ashman, J.: "The true definition of the " writ would seem to be that it is a writ whose opera- "tion is two-fold, and that it is in the nature of a " remedy to compel the performance of a duty as well "as in that of a penalty for the wrong done. In the " one sense it is intended for the benefit of the party "by whom its aid is invoked and in the other for the "vindication of the court which will not permit a " wrong." See contra, Ex parte Batdorff, 13 W. N., 417 (1883). § 4997 Appeal a Supersedeas. A certiorari from the Supreme Court suspends the proceeding by attachment. Shaw s Estate, 9 Phila., 347 (1874). § 4998 Attachment Against Absconding Executor, etc. The petition should follow closely the terms of the act, and the prayer should be for an attachment. See chapter " History and Organization." EXECUTION. 855 ■§ 4999 Writ of Sequestration— Its Nature and Effect. The writ of sequestration is generally used to enforce a compliance with some previous order or decree of the court. It is a high and extraordinary process, founded on the principle that the defendant has contemned the authority of the State. It empowers the proper officer to take all the per- sonal estate of the defendant and to attach all stocks held by him in incorporated companies and to enter upon all lands, etc., and to collect the rents, issues and profits. It may be dissolved by error in the anterior pro- cess, by extinction of defendant's interest in the estate sequestered, or by his appearance and performance of the order of the court. In Pennsylvania the writ is demandable of right, and may issue without notice. ReidYS. N. W. Railway Co., 32 Pa. St., 257 (1858). The writ is now but rarely used, and has been superseded by the writ of attachment and attachment- execution. Writ of Sequestration Against Trustee — Return of Writ — Order of Court — Satisfaction of Decree Out of Estate Sequestered — Defense — Fi. Fa., etc. See chap- ter on " History and Organization." A writ of sequestration may be issued as a final process against the trust estate ; the ordinary writ of execution issues only against defendant's estate. Form of Writ of Sequestration — Writ does not Abate by Death of Complainant or Defendant — Lien Against Real Estate. See chapter on " History and Organization." 856 EXECUTION. As to sequestration against corporations and pro- ceedings and practice thereon, see §§3199-3203, Brews. Prac, Vol. II. As to sequestration of life estates and practice thereon, see Ibid, §§3212-3218. The Act of April 7, 1870, authorizing a fi. fa. to levy upon and sell the franchises and property of a corporation supersedes the right to the writ of seques- tration. Phila., etc., R. R. Co.'s Appeal, 70 Pa. St., 355 (1872) ; Bayard's Appeal, 72 Pa. St., 453 (1872). Under the above decisions the right to a writ of sequestration against a life estate may now be doubted, since under the Act of January 24, 1849, §3 (Br. Purd., 760, §98), such estate may be levied upon and sold as estates of inheritance. It will be noted that this statute, however, expressly reserves the right to a lien creditor to apply for a writ of sequestration on or before the return day of the vend. ex. See Comm. vs. Allen, 30 Pa. St., 52 (1858). § 5000 Form of Petition for Writ of Sequestration. After Life Estate Levied Upon by Fi. Fa., and Ven. Ex. Outstanding. In the Orphans' Court of Philadelphia County. Estate of A. B., deceased. Term, 1893. No. To the Honorable, the Judges of the said Court : The petition of C. D. respectfully represents : I. That on the (date) the account of E. F., administrator of the estate of A. B. , deceased, was filed and duly audited and the adjudi- cation thereon, which was absolutely confirmed (date), awarded to your petitioner the sum of dollars. EXECUTION. 857 II. That on the (date) a petition for an order to pay was granted by your Honorable Court and a certified copy of said decree was (date) served personally on the said E. F., but the said E. F. has failed to comply therewith. III. That by virtue of a writ oi fieri facias, bearing teste (date), on the petition of Q. R., the life estate of E. F., the defendant therein named, in a certain tract of land therein described, was taken in execution by the Sheriff: the said real estate is improved land, yielding rents, issues and profits. IV. That on the (date) a ven. ex. was issued by your Honorable Court, on the petition of Q. R. , which has not yet been returned, wherein it was averred that at an inquisition held on (date) it was found that the annual rent arising from said life estate was not suffi- cient to pay the interest on the debts of record against the said E. F., and that the tenant for life had been given ten days' notice previous to the presentation of the said petition. V. That your petitioner is a lien creditor of the said E. F., as here- tofore recited. Wherefore your petitioner prays your Honorable Court to award him a writ to sequester the rents, issues and profits of the said real estate and to appoint a sequestrator to carry the same into effect. And your petitioner will ever pray, etc. CD. (Affidavit of truth of facts. ) Endorsement. No. . Term, 1893. Estate of A. B., deceased. O. C. And now (date), on consideration of the within petition and on motion of L. M., pro petitioner, writ of sequestration awarded as prayed for and N. O. appointed to act as sequestrator in the premises. Security to be entered in the sum of dollars. (Initials of Judge.) 858 EXECUTION. §5001 Form of Bond of Sequestrator. Orphans' Court of County. Estate of A. B., deceased. Term, 1893. No. Know all men by these presents, That we, N. O. (names of two sureties), all of County, are held and firmly bound unto the Commonwealth of Pennsylvania in the sum of dollars, lawful money of the United States of America, to be paid to the said Commonwealth, its certain attorneys or assigns, to which pay- ment well and truly to be made, we do bind ourselves jointly and severally, our and each of our heirs, executors and administrators firmly by these presents. Sealed with our seals and dated (date). Whereas by a petition of C. D., it appeared (here briefly recite petition), the Court ordered and decreed (here recite decree) and appointed N. O. sequestrator to carry said decree into effect. Now the condition of this obligation is such that if the above bounden N. 0., sequestrator as aforesaid, shall well and faithfully execute his said trust, then this obligation shall be void, otherwise to be and remain in full force. Signed, sealed and delivered in the ~» [seal] presence of \ [seal] J [seal] (Present the bond, with affidavits, to a Judge for approval. § 5002 Exemption. An administrator who has converted funds to his own use is not entitled to the exemption. Woods' Estate, 7 W. N., 84 (1879) ; Kenyan vs. Gould, 61 Pa. St., 292 (1869); Kilpatrickvs. White, 29 Pa. St., 176 (1857). In actions ex delicto, the proper practice is to wait until the Sheriff has made an appraisement, and then to present a petition setting forth the facts and pray- ing that the appraisement be set aside. Woods' Estate, EXECUTION. 859 7 W. N., 84 (1879) ; Seiberfs Appeal, 73 Pa. St., 361 (1873)- See also Brews. Prac, Vol. II, §§3160-3181. § 5003 Stay of Execution. See Ibid, §§3 1 49-3 't 59. ^s to practice and pro- ceedings. §5004 Fi. Fa. May Issue. Compliance with an order or decree of the court * * * jn case of a decree for the payment of money against a party who has appeared, the complainant may have a writ of execution in the nature of a writ of fieri facias, which writ may be allowed by the court or by any judge thereof in vacation. (Act March 29, 1832, §57; Br. Pur., 1283 §40). §5005 Practice. Writs o{ fieri facias shall be directed to, and executed by the Sheriff or Coroner, as the case may require, of the proper county, and the proceedings thereon shall be the same as on writs of fieri facias issued by the court of Common Pleas, of the same county. (Act March 29, 1832, §57, Br. Pur., 1283, §45.) It must be remembered that preceding the peti- tion for the fi. fa., a petition for an order to pay is required with personal service of the order on respondent. It is necessary to aver these facts in the petition. In extraordinary cases and where the respondent is a non-resident having property within the jurisdiction, the court will grant the petition for the fi. fa. without the previous order to pay, upon such averment under oath in the petition. A fi. fa. may issue out of the Orphans' Court after a lapse. of five years without the decree being revived by a sci. fa. Weyand's Appeal, 62 Pa. St., 198 (1869). But see the Act of May 19, 1887, Brews. Prac, Vol. I, §247. 860 EXECUTION. A writ of fi. fa. may be awarded in favor of a guardian against a ward, where the ward's estate has been found indebted to the guardian on a settlement of accounts. Shollenberger s Appeal, 21 Pa. St., 337 (1853). As to fi. fa. against personalty and practice thereon, see Brews. Prac, Vol. II, §§3183-3194. As to fi. fa. against corporations and practice thereon, see Ibid, §§3199-3203. As to fi. fa. against real estate and practice thereon, see Ibid, §§3205-3211. As to fi. fa. against life estates and proceedings and practice thereon, see Ibid, §§3212-3219. As to testatum fi. fa., see Ibid, §§3220-3227. As to fi. fa. to enforce a decree on which a writ of sequestration has issued, see §3830. 1 5006 Form of Petition for Fi. Fa. In the Orphans' Court of Philadelphia County. No. . Term, 1893. In the matter of the estate of A. B. , deceased. To the Honorable, the Judges of the said Court : The petition of C. D., a creditor of the said estate, respect- fully represents : Jurst. That on the (date), E. F. was duly appointed executrix of the estate of A. B. , deceased, by the Register of Wills of Phil- adelphia County. Second. That on the (date) the said executrix filed her final account, which was duly audited by your Honorable Court on the (date) and the adjudication thereon was filed on the (date). On the (date) the schedule of distribution was filed and it was therein adjudged and decreed that your petitioner was entitled out of the funds in the hands of said executrix to the sum of eight thousand dollars ; the said adjudication and schedule of distribution were absolutely confirmed on (date). EXECUTION. 86 1 Third. That on the (date) an order to pay was granted by your Honorable Court, and a certified copy of said decree was (date), served personally on the said E. F., but the said executrix has failed to pay said sum or any part thereof. Wherefore your petitioner prays that an execution in the nature oi 2, fieri facias may issue from this court against the said E. F., for the collection of the said sum, with interest and costs. And your petitioner will ever pray, etc. C. D. City and County of Philadelphia, ss. C. D. being duly affirmed according to law, declares and says that the facts above set forth are true. Affirmed to and subscribed before "),p- ^ ror-vN me this (date). | (S.gnature of C. D.) G. H., Notary Public. Endorsement. No. . Term, 1893. Estate of A. B., deceased. O. C. And now (date) on consideration of the within petition and on motion of L. M., //-^ petitioner^. /a. awarded as prayed for, returnable the first Monday of March, 1893. (Initials of Judge.) § 5007 Form of Writ of Fi. Fa. Philadelphia Count/, ss. The Commonwealth of Pennsylvania. To the High Sheriff of the City and County of Philadelphia, Greeting : We command you, that of the goods and chattels, lands and tenements of A. B., in your bailiwick, you cause to be levied a certain sum of which to C. D., lately in our Orphans' Court for the County of Philadelphia, was awarded, adjudged and decreed by said court, on the day of , A. D. 1893, to be paid to the said C. D., as and for and on account of the estate of G. H., deceased, of whose estate the said A. B. was the executor, whereof the said A. B. is convict, as appears of 862 EXECUTION. record, etc. ; and to enforce the payment of said sum and costs, in compliance with the said decree, our said court on the day of , A. D., 1893, did allow a writ of execution in the nature of a writ of fieri Jacias to issue ; and have you that money before our Judges, at our said Court at Philadelphia, there to he held on the first Monday of next, to render to the said C. D. for his said sum, decree and costs ; and have you then there this writ. Witness the Honorable William B. Hanna, president of our said court, at Philadelphia, this day of in the year of our Lord one thousand eight hundred and ninety-three. L. M., Clerk of Orphans' Court. The writ of fi.-fa. must strictly pursue the judg- ment and be warranted by it. It should recite the decree in the body of the writ. Peckham's Estate, i Kulp 353 (1882). As to vend. ex. and practice and proceedings thereon, see Brews. Prac. Vol. II, §§3231-3232. As to vend. ex. against life estates and practice thereon, see Ibid, §§3214-3219. As to testatum vend, ex., see Ibid, §§3220-3227. , See, also, chapter on " History, Organization, Pro- cess," etc. § 5008 Form of Petition for a Vend. Ex. In the Orphans' Court of Philadelphia County. No. . Term, 1893. In the matter of the estate of A. B. , deceased. To the Honorable, the Judges of the said Court: The petition of C. D. respectfully represents : I. That on the (date) your Honorable Court awarded a fi. fa. directed to the Sheriff of Philadelphia County against E. F., at the instance of your petitioner for the sum of ^8,000, with interest thereon from the (date), returnable the first Monday of March, 1893. EXECUTION. 863 II. That the said Sheriff by virtue of said writ levied upon defend- ant's interest in certain real estate situate in said county. III. That the said Sheriff has returned that in obedience to said writ he has seized and taken in execution the said real estate and that upon due and legal notice he held an inquisition on the (date) at Philadelphia, Pennsylvania, and that the said jury found that the rents, issues and profits arising from defendant's interest in said real estate are not of a clear yearly value beyond all reprises suffi- cient to satisfy said judgment with interest and costs within seven years, and that said property was condemned and remains unsold for want of buyers. IV. Wherefore your petitioner prays that an execution in the nature of a venditioni exponas may issue from this court directed to the Sheriff of said county, for the collection of the said sum with interest and costs. And your petitioner will ever pray, etc. C. D. City and County of Philadelphia, ss. C. D., being duly affirmed according to law, says that the facts stated above are true. Affirmed to and subscribed") ,„. . _ _ , , r ■,.,-.•. f (Signature of C. D.) before me this (date). J ^ '' ^ G. H., Notary Public. Endorsement. No. . Term, 1893. Estate of A. B., deceased. O. C. And now, (date), on consideration of the within petition and on motion of L. M., pro petitioner, vend. ex. awarded as prayed for. Returnable sec. leg. (Initials of Judge.) 864 EXECUTION. § 5009 Form of Writ of Vend. Ex. ' Philadelphia County, ss. The Commonwealth of Pennsylvania. To the High Sheriff of the City and County of Philadelphia, Greeting: Whereas, by a writ of execution in the nature of a writ oi fieri facias, bearing teste the day of A. D. 1893, we com- manded you, that of the goods and chattels, lands and tenements of A. B., in your bailiwick, you should cause to be levied a certain sum of dollars, which to C. D. lately, in our Orphans' Court for the county of Philadelphia, was awarded, adjudged and decreed by said court, on the day of A. D. 1893, to be paid to the said C. D., as and for and on account of the estate of G. H., deceased, of whose estate the said A. B. was the executor, whereof the said A. B. is convict, as appears of record, etc., and to enforce the payment of said sum and costs, in compliance with the said decree, our said court, on the day of A. D. 1893, did allow a writ of execution in the nature of a writ of fieri facias to issue, and that you should have that money before our Judges, at our said Court at Philadelphia, there to be held on the first Monday of next, to render to the said C. D. for his said sum, decree and costs ; at which day, before our judges at Philadelphia, you returned that, by virtue of the said writ to you directed, you had seized and taken in execution (here follows description of real estate levied upon under the f.. fa.), with the appurtenances, which remained in your hands unsold for want of buyers, so that you could not have the moneys in the said writ mentioned at the day and place therein named, to render to the said C. D., for the said debt, decree and costs, as by the said writ you were commanded. And the residue of the execution of said writ appeared in a certain schedule thereunto annexed ; by which schedule or inquisition it appears that the rents, issues and profits of the premises are not of a clear yearly value, beyond all reprises, sufficient within the space of seven years to satisfy the said debt, decree and costs in the said writ mentioned. Therefore, we command you, that the said premises and the appurtenances, so seized and taken in execution, you expose to sale, and that you have that money before our Judges at Philadelphia, at EXECUTION. ' 865 our Orphans' Court, there to be held on the first Monday of next, to render to the said C. D. for the said debt, decree and costs, and have you then and there this writ. Witness the Honorable President Judge of our said court, at Philadelphia, this day of in the year of our Lord one thousand eight hundred and ninety-three. L. M. Clerk of Orphans' Court. §5010 Writs of Attachment Execution May Issue — Service. Whenever any person against whom a decree for the payment of money has been made by the Orphans' Court of any county is possessed of or entitled to any stock, deposits or debts due him, or to any legacy or interest in the estate of a decedent, the same may be levied on or attached in satisfaction of such decree, by the same process and in the same manner as is provided by the Act of June 16, 1836, entitled "An act relating to executions," and by the tenth section of the Act of April 13, Anno Domini 1843, entitled "An " act to convey certain real estate and for other purposes," a writ of attachmert for said purpose may be allowed by said court, or any Judge thereof, as writs oi fieri facias in said court are now allowed, and may be served out of the county in which the same may be issued, but service on the party against whom such decree was made shall not be required if he be not found in said county. (Act March 27, 1873, §1, Br. Purd., 1285, §56). The writ of attachment execution issues from the Orphans' Court upon a decree against a defendant for property or effects in the hands of a third party. In practice this writ has superseded the writ of seques- tration, except in cases of income from life estates and of corporations. The writ is issued on petition and directed to and served by the Sheriff or Coroner of the county. As to attachment-execution and the practice and proceedings thereon, see Brews. Prac, Vol. II, §§3253-3314- 866 EXECUTION. ' As to attachment-execution against corporations, see Ibid, §3199. § 501 1 Form of Petition for Attachment Execution. In the Orphans' Court of Philadelphia County. No. . Term, 1893. Estate of A. B., deceased. To the Honorable, the Judges of the said Court : The petition of C. D. respectfully represents : First. That on the (date) E. F. was granted letters of admin- istration on the estate of A. B., deceased, by the Register of Wills of Philadelphia County. Second. That on the (date) the said administrator filed his account, which was duly audited, and the adjudication thereon was filed on the (date) and absolutely confirmed on the (date). That by said adjudication it was decreed that your ' petitioner was entitled out of the balance in the hands of said administrator for distribution belonging to said estate, to the sum of dollars. Third. That on the (date) a petition for an order to pay was presented to your Honorable Court and an order granted (date) ; that a certified copy of said order was served personally on said E. F., but he has failed to comply therewith. Fourth. That your petitioner is informed and believes and therefore avers that there are (certain goods, chattels, stocks, moneys, interests or debts) belonging to the said E. F. in the hands of G. H., the right to which is in the said E. F. Wherefore your petitioner prays that an execution in the nature of an attachment execution may issue from this court against the said E. F., d.efendant, and the said G. H., garnishee, and against any or all persons in whose hands or possession said goods and chattels, stocks, moneys, interests and debts, or any of them belonging to the said defendant, may be attached for the collection of the said sum, with interest and costs. And your petitioner will ever pray, etc. C. D. EXECUTION. 867 (Affidavit as to truth of facts. ) Endorsement. (Caption.; And now (date) on consideration of the within petition and on motion of L. M., /r(7 petitioner, attachment execution against E. F., defendant, and G. H., garnishee, and any and all persons in whose hands or possession the said goods and chattels, stocks, moneys, interests and debts, or any of them, may be attached, awarded as prayed for. Returnable, sec. leg. (Initials of Judge.) §5012 Form of Writ of Attachment Execution. County of Philadelphia, ss.: The Commonwealth of Pennsylvania. To the Sheriff of the County of Philadelphia, Greeting : We command you that you levy upon and attach the goods and chattels, stocks, moneys and interests of and debts due toE. F. , in satisfaction of a certain decree, obtained in our Orphans' Court of the County of Philadelphia, at the instance of C. D. against the said E. F., of Term, 1893, No. , for the sum of dollars and cents, with interest from the day of , 1893, and costs which to C. D., lately in- our Orphans' Court, of Philadelphia County, was awarded, adjudged and decreed on the (date) to be paid to the said C. D. , as and for and on account of the estate of A. B., deceased, of whose estate E. F'. was the executor, whereof the said E. F. is convict, as appears of record, etc., and to enforce the payment of said sum and costs in com- pliance with the said decree, our said court on the (date) did allow a writ of execution in the nature of a writ of attachment execution to issue. And, also, that by honest and lawful men of your bailiwick, you make known to the said E. F. and to G. H. and all other per- sons in whose hands or possession the said goods and chattels, stocks, moneys, interests and debts, or any of them, may be attached as garnishees, that they be and appear before our said court at Phila- delphia, on the first Monday of next, to show if anything they, the said defendant or the said garnishees, have to say why the 868 EXECUTION. said judgment, besides costs of suit, should not be levied of the effects of the said defendant in the hands of the said garnishees. And have you then and there this writ. Witness the Honorable , President Judge of our said court at Philadelphia the day in the year of our Lord one thousand eight hundred and ninety- three. L. M., Clerk of Orphans' Court. §5013 Testatum Writs Against Executor, etc. When any executor, administrator or guardian shall reside or move out of the county in which his appointment shall have taken place, or shall not possess real or personal estate in such county sufficient to satisfy any decree or order of the Orphans' Court of such county, it shall be lawful for the Orphans' Court of such county to issue process to the county in which such executor, admin- istrator or guardian may be, or in which he may have any real or personal estate, amenable to such process ; and such process shall be executed by the Sheriff or Coroner, as the case may require, of the county in which such executor, administrator or guardian may be, or may possess real or personal estate as aforesaid. (Act March 29, 1832, §57, Br. Purd., 1285, §54.) By the Act of April 21, 1846, §2 (Br. Purd., 1285, §55), recited at length at §3832, it is provided that such writs shall be executed and have the same force as if issued out of the Common Pleas. Where a defaulting executor has no real or per- sonal estate within the county, a testatum fi. fa. may be issued, by leave of the Orphans' Court, to another county in which the executor has property amenable to process. Helfrich vs. Stern, 17 Pa. St., 144 (1851). As to testatum writs of execution, and the practice thereon, see Brews. Prac, Vol. II, §§3220-3227. EXECUTION. 869 § 5014 Form of Petition for a Testatum Fi. Fa. In the Orphans' Court of Philadelphia. County. Term, 1893. No. In the matter of the estate of A. B., deceased. To the Honorable, the Judges qf the said Cotirt : The petition of C. D. respectfully represents : First. That on the (date) proceedings were begun in your Honorable Court for the dismissal of E. F. from the office of execu- trix on the grounds of waste and non-residence, and on the (date) it was ordered and decreed that the letters testamentary granted to E. F. as executrix of said A. B. , deceased, be vacated and that she be removed from her said office. Second. That on the (date) letters of administration d. b. n. c. t. a. on said estate were granted to your petitioner by the Regis- ter of Wills of Philadelphia County. Third. That by the adjudication sur the account of E. F. , executrix, and the schedule of distribution, which were absolutely confirmed on the (date), the said executrix was surcharged with the sum of dollars, of which sum for distribution your petitioner was awarded dollars , and which sum the said E. F. has failed to pay or any part thereof. Fourth. That your petitioner is informed and believes and therefore avers that the said E. F., is now a citizen of the State of New York, and has no real or personal estate in the County of Philadelphia, but has real estate in the County of I^uzerne. To a writ oifi. fa., against said E. F,, issued out of your Hon- orable Court (date) the Sheriff of Philadelphia County has returned nulla bona. Wherefore your petitioner prays that an execution in the nature of a testatum fi. fa. may issue from this court directed to the Sheriff of the County of Luzerne against the said E. F. for the collection of the said sum, with interest and costs. And your petitioner will ever pray, etc. C. D. 870 • EXECUTION. City and County of Philadelphia, ss. : C. D., being duly affirmed according to law, says that the facts stated as of his own knowledge are true, and those stated on infor- mation and belief he believes to be true. Affirmed to and subscribed | (Signature of C. D.) before me this (date.) J G. H., Notary Public. Endorsement. Term, 1893. No. Estate of A. B., deceased. O. C. And now (date), on consideration of the within petition and on motion of L. M. , pro petitioner, testatum fi. fa. to Luzerne County awarded as prayed for. Returnable the first Monday of March, 1893. (Initials of Judge.) § 5015 Lev. Fa. May Issue. The Orphans' Court has power to award a writ of levari facias to collect a charge against the real property of a defendant in favor of the petitioner. Hart V?,. Homiller, 23 Pa. St., 43 (1854). For practice and proceedings on a levari facias, see Brews. Prac, Vol. II, §§3238-3241. § 5016 Decree Cannot be Revived. The law has not provided for a sci. fa. on the decree of the Orphans' Court. Weyand's Appeal, 62 Pa. St., 198 (1869), and the writ of execution issues at any time. If you desire to keep alive your lien against the estate of a defaulting executor, it is better to file in the Common Pleas a transcript of the balance due, and to keep that judgment alive. EXECUTION. 871 §5017 Certified Transcripts of Amounts Due by Ex- ecutor, Administrator, Guardian or Other Accountant to be Filed in Common Pleas — Liens — Sci. Fa. — Provisions as to Increase or Reduction of the Amount on Appeal. It shall be the duty of the Prothonotary (Prothonotaries) of the courts of Common Pleas of the respective counties, to file and docket, whenever the same shall be furnished by any parties inter- ested, certified transcripts or extracts of the amount appearing to be 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, which transcripts or extracts so filed, shall constitute liens on the real estate of such executor, adminis- trator^ guardian or other accountant, from the time of such entry, until payment, distribution or satisfaction, and actions of debt or scire facias may be instituted thereon, by any person or persons interested for the recovery of so much as may be due to them respectively : Provided, however. That the liens thereby created, shall cease at the expiration of five years from the time of the entry aforesaid, unless revived by scire facias, in the manner by law directed, in the cases of judgments in the courts of common law : And provided further , That in case of an appeal from the Orphans' Court, the liens shall be for no more than the amount finally due and decreed in the Supreme Court, and it shall be the duty of the Prothonotary of the Common Pleas, on such decree of the Supreme Court being certified to him, to enter on his docket the amount so found due and decreed by the Supreme Court, and if such amount be greater than that decreed by the Orphans' Court, the lien for such excess shall take effect only from the time of entering the decree of the Supreme Court ; but if the amount be reduced by the final decree of the Supreme Court, the Prothonotary shall reduce the amount originally entered on his judgment docket and index accordingly ; and such final decree upon appeal, being certified and filed in the said Court of Common Pleas, the said term of five years shall be counted from the time of such entry. (Act March 29, 1832, §29, P. L., 197.) The act was interpreted according to its terms in Eichelberger vs. Smyser, 8 Watts, 183 (1839). 872 EXECUTION. Under the twenty-ninth section of the Act of March 29, 1832, a transcript of a balance due by executors may be filed in a different county from that in which probate was made. Hanson vs. Bank, 7 Pa. St., 261 (1847). Such transcript may be filed where the account is a partial one Royer vs. Myers, 15 Pa. St., 87 (1850). The transcript is subject to modification on appeal, bill of review or otherwise, as the Orphans' Court may direct. McNeal vs. Holbrook, 25 Pa. St., 189 (1855)- §5018 Form of Certificate. I ss. . State of Pennsylvania, County of I certify that at an Orphans' Court for the county aforesaid, held at , on (date), before the Honorable , President Judge of said Court. In the matter of the estate of A. B. , deceased. The adjudication on the account of C. D. , executor of said estate, was confirmed absolutely on the above date, and by the same it appears that the balance due to E. F. and L. M. by the said executor on the settlement of his account is the sum of dollars, and I further certify that the awards in said adjudication contained are not satisfied of record. Witness my hand and the seal of said court (date). G. H., Clerk of Orphans' Court, [seal] For form, see also McCracken vs. Graham, 14 Pa. St., 209 (1850). § 5019 Decree May be Transferred to Another County and There be Enforced. See chapter " History' and Organization," §3834. EXECUTION. 873 § 5020 Advantage of Filing Certificate. By means of filing a transcript in the Common Pleas, you proceed with your execution as if your judgment had been obtained in the Common Pleas. The jurisdiction of the Orphans' Court being statu- tory, questions may arise as to the right to issue an execution in particular cases. This is obviated by filing the transcript. The practice of presenting a petition for an order to pay previous to the presenta- tion of the petition in the Orphans' Court for a writ of execution, is often inconvenient and the petition for the writ itself is, sometimes, a serious blow to the effect- iveness of the writ, as the defendant may obtain a knowledge of the intended execution. § 5021 Filing Certificate Does Not Prevent Issuing of W^rit in the Orphans' Court. A certificate of a balance against an accountant filed in the Common Pleas does not prevent the issu- ing of a vend. ex. from the Orphans' Court. Weyand's Appeal, 62 Pa. St., 198 (1869). The general rule is that a plaintiff may have as many executions at the same time as the law affords, and pursue each until his judgment is satisfied. Pontius vs. Nesbit, 40 Pa. St., 309 (1861) ; Tarns ys. Wardle, 5 W. & S., 223 (1843). § 5022 Sci. Fa. on the Transcript. A sci. fa. may issue on the transcript, although the lien created upon the real estate by its entry may have been lost. Such proceeding is in the nature of an action of debt on a judicial decree. Burd vs. McGregor, 2 Grant, 353 (1857). 874 ■ EXECUTION. The personal representatives of a deceased exec- utor must be made parties to the sci.fa. Rowland ws. Harbaugh, 5 Watts, 365 (1836). The transcript must be filed during the life of the accountant. {Ibid.) As to other matters, see generally chapter on "Execution," Brewster's Practice. CHAPTER XXI. APPEALS. §5023 In Vol. II, Chap. XLVI, Brews. Prac, will be found all the statutes, decisions and forms as to appeals from the Orphans' Court and from other courts. Tlie Notice of Appeal Required in the Orphans Court — Wheti a7i Appeal Lies frojn the Orphans Court — What is a Final Decree — Appeals in Cases of Guardians — Of Accottnt — Distribution — Sales of Land — Of Grant of Re-hearing — The waiver of right to appeal, and in general, the practice on appeals, are all there discussed. Appeals in proceedings under the Price Act. See §4791- §5024 Appeals from the Register to the Orphan's Court. Where lack of testamentary capacity and undue influence are charged, the appellant may file a petition similar in form to the following : In the Orphans' Court of Philadelphia County. Term, 1893. No. In the matter of the estate of M. S. , late of the City and County of Philadelphia and State of Pennsylvania, deceased. 876 APPEALS. To the Honorable, the Judges of the said Court : The petition of D. B., niece and heiress-at-law of M. S., deceased, respectfully represents : That M.-S., late of the City and County of Philadelphia and State of Pennsylvania, departed this life on the day of , A. D. , seized at the time of her death of certain real and per- sonal estate in the said county and elsewhere. That on the day of , A. D. , a certain paper- writing, bearing date the day of , A. D. , and alleged to be the last will and testament of the said decedent, was admitted to probate by the Register of Wills of said Philadel- phia County, and letters testamentary thereon were granted to H., a copy of which said paper is hereto annexed, marked " Exhibit A," and made part hereof. That on the day of , A. D. , your peti- tioner filed her appeal from the said judicial act or decision of the said Register of Wills, duly entered the security reqired by the Act of Assembly of June 6, 1887, and the record of the proceedings had before the said Register has been duly certified by him and filed in this court. That at the time of the alleged execution of the said paper- writing the said M. S. was of the advanced age of ninety-two years, very feeble and was not of sound disposing mind, memory or under- standing, or capable of making a valid will ; and said writing was procured by undue influence exercised by G., H. and I., and others whom your petitioner is at this time unable to name with precision. The following being a statement of the facts and circumstances upon which your petitioner relies, and of the time and place when and where the said undue influence was exercised inducing and com- pelling the execution of the said paper-writing and the names of the persons by whom such undue influence was used, as she is informed, believes and expects to be able to prove, to wit, that the said M. S. had resided for about thirty years before her death at No. street, Philadelphia, and for the past twenty-five years her niece, the said G., with her husband, the said H., and the said I., and other members of their family had resided and made their home with decedent ; that the said H. had for many years been the confidential adviser of said M. S., had purchased and sold real estate for her, transacted all her financial affairs, and APPEALS. 877 knew the extent and value of her estate better than she did; that for two years prior to her death she was very infirm, and had the shaking palsy, and was easily influenced by those with whom she was intimately connected and who often came in contact with her ; that on several occasions during the year prior to her death, decedent desired to give to petitioner and members of her family gifts as keepsakes, but she did not dare to — as she said it would cause a disturbance with members of her household — that for years prior to her death, decedent never ti^nsacted any business, employed or discharged any servants, or did any trifling thing without first consulting said G., H. and I.; that about two years before her death, decedent stated to witnesses, that she was under the influ- ence of her niece, said G. and her husband H., and that said G. had purchased new furniture against her protest, and would not permit her to discharge a man servant, in the employ of the dece- dent, whom she greatly disliked ; that your petitioner is informed that in the latter part of the year , decedent objected strongly to said H. taking any counsel or advice from A. B., a lawyer, or bringing him to the house, and stated forcibly her objections to him ; that in the month of the decedent made a decla- ration that she would not leave any keepsakes or old-fashioned things to said G., because she did not think she would appreciate them ; that your petitioner is informed that early in the year 1893, the decedent executed a will and placed it in the keeping of her lawyer, C. D., with the instruction to allow no one to examine it, and said G. and H. knew of this will, but were not present at its execution and were ignorant of its contents ; that on they procured their lawyer, said A. B., and he prepared another will, which they by coercion induced decedent to execute and by this will' the bulk of decedent's estate is given to said G.; her son, said I., is forgiven debts due the decedent to the extent of twenty thousand dollars and her husband, said H., is made sole executor of the said will, and a small portion of the estate is given to your petitioner, while the remaining two nieces receive nothing. That the said decedent left to survive her no husband, no father, no mother, no brothers or sisters, no children or other heirs and next of kin, save four nieces, G., wife of H.; R., widow of K.; L. and your petitioner, D. B., who by the intestate laws are entitled to her real and personal estate. 878 APPEALS. That )'our petitioner had no knowledge of the existence or probate of the said paper until after the date of the said probate. That certain material questions are in controversy between your petitioner and G., H., I., etc., and H., called executor and trustee, viz.: (a) Whether at the time of the alleged execution of said paper, said M. S. was of sound disposing mind, memory and understanding. (^) Whether the said instrument was not procured by the undue influence of said G., H., I. and others. Your petitioner, believing that said M. S. was not, at the time of the alleged execution of said paper, of sound, disposing mind, memory or understanding, and further, that said paper was pro- cured by the undue influence of said G., H., I. and others, as here- inbefore set forth. Wherefore your petitioner prays that a citation may issue, directed to the said G., H., I., etc. (name all devisees and legatees and all interested in sustaining the will), W. and H., called exec- utor and trustee, who are the only persons interested, excepting your petitioner, commanding them to appear before the court on a day certain, to answer this petition and to show cause why said appeal from the decision of the said Register of Wills, in admitting said instrument of writing to probate as the last will and testa- ment of the said M. S. , deceased, should not be sustained and the decision of the said Register set aside, and why an issue devisavit vel non should not be awarded, directed to the Court of Common Pleas of Philadelphia County, to determine the following questions of fact, in the form thus specifically set forth, to- wit : First. Whether the said M. S. was, at the time of the alleged execution of said instrument, of sound, disposing mind, memory and understanding, and of sufficient legal capacity to make a valid will and testament. Second. Whether the said M. S. was induced to make said paper writing by undue influence of the said G., H., I., etc., or others. And why said probate should not be set aside and the letters testamentary granted to H. as executor thereof be revoked. And your petitioner will ever pray, etc. D. B. APPEALS. 879 State of Pennsylvania County of Philadelphia ' I ss. . A J D. B., the petitioner above named, having been duly sworn according to law, doth depose and say ; 1. That the facts set forth in the foregoing petition are true and correct. 2. That the persons named in the petition are the sole heirs-at- law of M. S., formerly of the City of Philadelphia, now deceased. 3. That at the date of the alleged will referred to in the fore- going petition, the said M. S. was not of sound, disposing mind, memory or understanding. 4. That the said alleged will was procured by the undue influ- ence of G., H., I., arid others upon and over the said M. S. 5. That the facts stated in Articles 3 and 4 of this affidavit are material and are in controversey between said G., H., I., etc., and H., called executor and trustee, and said deponent. Sworn to and subscribed before ■) me this day of December, r D. B. A. D. 1893. ^ E. F., [seal] Notary Public. DECREE. And now to wit, , A. D. 1893, on consideration of the foregoing petition and on motion of N., pro petitioner, the court order that a citation issue directed to G., H., I., J., etc., and H., called executor and trustee, commanding them to appear before the court on the day of , 1893, to answer the petition of D. B., and show cause why an appeal should not be sustained from the decision of the Register of Wills of Philadelphia County, made on the day of , A. D. , admitting to probate as the last will and testament of M. S., deceased, a cer- tain instrument of writing, dated the day of A. D. , and the decision of the said Register set aside, and why an issue devisavit vel non should not be awarded, directed to the Court of Common Pleas of Philadelphia County, to determine the following questions of fact, viz. : 88o APPEALS. First. Whether the said M. S., at the time of the alleged exe- cution of the said paper writing was of sound disposing mind, memory and understanding, and of sufficient legal capacity to make a valid will and testament. Second. Whether the said M. S. was induced to make said paper writing by the undue influence of the said G., H., I., etc., or others. And also why the said probate should not be set aside and the letters testamentary granted to H., as executor thereof, revoked. Notice of said citation to be given to the said Register of Wills. (Copy of will to be attached.) Table of Acts. (The figures refer to the sections.) 1705 §1, I Sm. 33. Wills, 3984, 4068 1713 March 27, §7, i Sm. 83. Guardian and Ward, 4440 March 27, §12, i Sm. 83. Guardian and Ward, 4441 1791 Feb. 23, §1, 3 "Sm. 4. Wills, 3973 Feb. 23, §2, 3 Sm. 4. Wills, 3973 1792 March 31, §1, 3 Sm. 66. Sales of Real Estate, 4668 March 31, §2, 3 Sm. 66. Sales of Real Estate, 4669 March 31, §3, 3 Sm. 66. Sales of Real Estate, 4669 1794 April 19, 3 Bioren 147. Advancements, 4617 April 19, 3 Bioren 143. Lien of Decedent's Debts, 4921 1797 April 4, 3 Bioren 296. Lien of Decedent's Debts, 4921 1799 April II, §2, 3 Sm. 386. Admrs. and Excrs., 4182 882 i8oo TABIX OF ACTS. March 12, §1, 3 Sm. 433. March 12, §2, 3 Sm. 433. March 12, §3, 3 Sm. 433. March 12, §4, 3 Sm. 433. March 12, §5, 3 Sm. 433. Sales of Real Estate, 46S3 Sales of Real Estate, 4684 Sales of Real Estate, 4685 Sales of Real Estate, 4686 Sales of Real Estate, 4686 1804 March 12, §1, 4 Sm. 158. Sales of Real Estate, 4670 I»IO March 20, §4, 5 Sm. 163. Admrs. and Excrs., 4183 1811 April I, §2, Bioren's Acts of 1810-1811, 199, Sales of Real Estate, 4705 1813 Feb. 25, §3, 6 Sm. 27. Guardian and Ward, 435° 1818 March 10, §1, 7 Sm. 79. Sales of Real Estate, March 10, §2, 7 Sm. 79. Sales of Real Estate, March 10, §3, 7 Sm. 79. Sales of Real Estate, March 24, §7, 7 Sm. 132. Admrs. and Excrs., 1821 Feb. 5, Feb. 5, Feb. 22, 51, 7 Sm. 355. ^2, 7 Sm. 357. |8, 7 Sm. 373. Guardian and AVard, Sales of Real Estate, Costs, 1825 March 22, §1, 4 Sm. 405. Trusts and Trustees, March 22, §2, 4 Sm. 405. Trusts and Trustees, March 22, §3, 4 Sm. 405. Trusts and Trustees, 4670 4671 4671 4213 4417 4670 4976 4462 4462 4462 TABLE OF ACTS. 883 1826 April I, §6, 9 Sm. iii. April 7, §1, 9 Sm. 146. April 7, §2, 9 Sm. 147. 1828 April 14, April 14, April 14, April 14, April 14, April 15, §1, 10 Sm. 222. §2, 10 Sm. 222. §3, 10 Sm. 222. §4, 10 Sm. 222. §5, 10 Sm. 222. §1, 10 Sm. 249. Sales of Real Estate, Coll. Inher. Tax, Coll. Inher. Tax, Trusts and Trustees, Trusts and Trustees, Trusts and Trustees, Trusts and Trustees, Trusts and Trustees, Legacies Charged on Land, 1829 April 3, §2, 10 Sm. 317. Admrs. and Excrs., 1830 April 2, P. L., 160. Coll. Inher. Tax, 4748 4535 4535 4462 4462 4462 4462 4462 4663 4200 4535 1832 March 15, §1, P. L. 136. •Admrs and Excrs., 4135, 4229 March 15, §6, P. L. 136. Admrs and Excrs. , 4046, 4062, 4109 March 15, §7, P-L. ,136. Wills, 3981 March 15, §8, P. L. , 136- Wills, 3982 March 15, §8, P.L. 136. Admrs. and Excrs., 4041 March 15, §9, P. L., 136, Wills, 3983 March 15, §9, P.L. 136. Admrs. and Excrs., 4069 March 15, §10, P. L. 136. Wills, 3993 March 15, §11, P.L. 136. Wills, 3994 March 15, §12, P.L. 136. Wills, 3985 March 15, §12, P. L., 136. Admrs. and Excrs., 4068 March 15, §14, P. L., 136. Admrs. and Excrs., 4086 March 15, §16, P. L. 139- Admrs. and Excrs., 4095 March 15, §17, P.L. 137- Wills, 3986 March 15, §17, P. L., 193- Admrs. and Excrs., 4291 March 15, §18, P. L., 193- Admrs. and Excrs., 4291 March 15, §19, P. L., 136. Admrs. and Excrs., 4050 884 TABLE OF ACTS. March 15 §2°> P.L., 136- Admrs. and Excrs., 4044 March 15 §21, P.L., 136. Admis. and Excis., 4061 March 15 §21, P. L., 139- Admrs. and Excrs., 4092 March 15, §", P.L., 140. Admrs. and Excrs., 4047 .4059 March 15 §23> P.L., 140. Admrs. and Excrs., 4040 March 15 §==5, P.L., 146. Wills, 3976 March 15 §25. P.L., 146. Admrs. and Excrs., 4128 March 15 §26> P.L., 142. Admrs. and Excrs., 4146 March 15 §27, P.L., 142. Admrs. and Excrs., 4093 March 15 §28, P.L., 139- Admrs. and Excrs., 4100 March 15 §29. P.L., 143- Admrs. and Excrs., 4252 March 15 §30. P. L., 143- Admrs. and Excrs., 4244 March 15 §31. P.L., 144. Wills, 3989 March 15 §31. P.L., 144. Admrs. and Excrs., 4116 March 15 §38 P.L., 145- Costs, 4976 March 15 .§40 P.L., 144. Admrs. and Excrs., 4117 March 15 §42 P.L., 144. Admrs. and Excrs., 407s March 29 §2, P.L., 190. Jurisdiction, 3838 March 29 §2, P.L., 190. Conclusiveness of Decrees, 4961 March 29 §5, P.L., 191. Guardian and Ward, 4348 March 29 §6. P. L., 191. Guardian and Ward, 4349 March 29 §6, P.L., 191. Partition, 4849 March 29 §7> P. ].., 191. Guardian and Ward, 4379 March 29 §8, P. L., 191. Guardian and Ward, 4397 March 29 §9, P.L., 191. Guardian and Ward, 4398 March 29 §10 P.L., 191. Guardian and Ward, 4430 March 29 §11 P.L., 192. Guardian and Ward, 4438 March 29 §12 P.L., 192. Guardian and Ward, 4439 March 29 §13 P.L., 192. Guardian and Ward, 4402 March 29 §14 P.L., 193- Admrs. and Excrs., 4173 March 29 §^5 P.L., 193- Admrs. and Excrs., 4245 March 29 §16 P.L., 193- Admrs. and Excrs., 4247 March 29 ,§20 P.L., 194. Admrs. and Excrs., 4228 March 29 .§21 P.L., 194. Discharge and Dismissal, 4492 March 29 §22, P.L., 195- Discharge and Dismissal, 4508, 4528 4529 March 29 §23. P. L., 195- Discharge and Dismissal, 4509 , 4529 TABLE OF ACTS. 885 Marcli 29, §24, P. L., 195. March 29, §25, P. L., 195. March 29, §26, P. L., 195. March 29, §27, P. L., 195. March 29, §28, P. L., 195. March March March March March March March March March March March March March March March March March March March March March March March March March March March March March 29. §29. ?■ 29> §29' P' 29> §3i> P' 29> §31. P- 29>§3i>P- 29>§3i>P- 29= §3i>P- 29. §32, P- 29' §32, P- 29>§32, P- 29'§33.P- 29'§33. P- 29>§33'P- 29' §34' P- 29'§34'P- 29' §34' P- 29'§36'P- 29'§37'P- 29' §38' P- 29' §39' P- 29' §41' P- 29' §42, P. 29' §43. P- 29' §44' P- 29' §45' P- 29' §45' P- 29' §46, P. 29' §47' P- 29' §48, P. . L., 197. , L., 197. L., 198. L., 198. L., 198. L., 198. L., 198. ,L., 198. L., 198. L., 198. L., 198. L., 198. L., 198. L., 198. L., 198. L., 198. L., 201. L., 201. L., 201. L., 201. L., 202. L., 203. L., 203. L., 201. L., 201. L., 201. L., 201. L., 204. L., 206. Discharge and Dismissal, 451O' 4534, 4535 Discharge and Dismissal, 451I' 4518 Discharge and Dismissal, 4516, 4518, 4523 Discharge and Dismissal, 4513. 4518 Discharge and Dismissal, 45M' 4518 Conclusiveness of Decrees, 4963 Execution, 5017 Admrs. and Excrs., 4201 Guardian and Ward, 4404 Discharge and Dismissal, 4523 Sales of Real Estate, 4699 Price Act, 4748 Guardian and Ward, 4405 Sales of Real Estate, 4700 Price Act, 4748 Guardian and Ward, 4406 Sales of Real Estate, 4703 Conclusiveness of Decrees, 4968 Guardian and Ward, 44° 7 Sales of Real Estate, 4701 Price Act, 4748 Partition, 4792 Partition, 4833, 4834 Partition, 4835 Partition, 4836 Partition, 4873, 4881 Partition, 4891 Partition, 4877 Partition, 4805 Sales of Real Estate, 4729 Partition, 4839 Partition, 4810, 481 1 Sales of Real Estate, 4728 Partition, 4847 886 TABLE OF ACTS. March 29, §49, P. L., 206. March 29, §50, P. L., 206. March 29, §51, P. L., 206. March 29, §52, P. L., 207. March 29, §52, P. L., 207. March 29, §53, P. L., 207. March 29, §53, P. L., 207. March 29, §53, P. L., 207. March 29, §53, P. L., 207. March 29, §56, P. L., 208. March 29, §57, P. L., 208. March 29, §58, P. L., 213. March 29, §60, P. L., 213. March 29, §60, P. L., 213. Partition, 4911 Partition, 4859 Partition, 4860 Process, Fines, etc., 383s Guardian and Ward, 4412 History and Organization, 3806,3831 Process, Fines, etc., 3836 Guardian and Ward, 4393, 4412 Partition, 4816, 4817 Jurisdiction, 3869 Execution, 4988, 4995, 5004, 5005, 5013 History and Organization, 3800 Process, Fines, etc., 3833 Costs, 4977 1833 April 8 §1' P. L., 249. Wills, 3973 April 8 §^ P. L. 316. Election, 456s April 8 §1. P. L. 316. Partition, 4811 April 8 §2> P. L. 316. Partition, 4811 April 8 §3. P. L. 249. Wills, 3973 April 8 §3. P. L., 316. Partition, 4811 April 8 §4, P. L., 249. Guardian and Ward, 4375 April 8 §4, P. L., 316. Partition, 4811 April 8 §6- P. L. 249. Wills, 3969 April 8 §6, P. L. 316. Partition, 4811 April 8 §7. P. L. 249. Wills, 3991 April 8 §7, P. L. 316. Parti tion,- 4811 April 8 §8, P. L. 249. Wills, 3992 April 8, §8. P. L. 316. Partition, 481 1 April 8 §9, P. L. 316. Partition, 481 1 April 8 , §10 ,P.L. 318. Partition, 4811 April 8 §" P. L. 319- Partition, 4811 April 8 §12 P. L. 319- Partition, 481 1 April 8 §13 P. L., 250. Wills, 3971 April 8 §13 P. L., 319- Partition, 481 1 April 8 §14 P. L. 250. Wills, 3972 TABLE OF ACTS. 887 April 8, §16, P. L., 319. April 8, §17, P. L., 316. 1834 Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, §3. §5. §6> §7, §8, %9, §10 §11 §12 §13 §14 §14 §15 §15 §15 §16 §16 §17 §17 §18 §18 §19 §20 §20 §21 §22 §23 §24 §24 §26 §27 §28 §29 P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. P. L., 73- L., 73- L., 73- L., 73- L., 73- L., 73- L., 73- L-. 73- L-, 73- L., 73- L., 73- L-, 73- L., 73- L-, 73- L-, 75- L., 75- L., 73- L-. 75- L-, 75- L-, 75- L-, 75- L-> 75- L-, 75- L-, 75- L., 77. L., 77. L., 77. L., 77. L., 77. L., 77. L., 77. L., 77. L., 77. L., 77. L., 77. Advancements, 4617 Partition, 481 1 Admrs. and Excrs., 4134 Admrs. and Excrs., 4148 Admrs. and Excrs., 4136 Admrs. and Excrs., 4137 Admrs. and Excrs., 4138 Admrs. and Excrs., 4i39 Admrs. and Excrs., 4140 Admrs. and Excrs., 4141 Admrs. and Excrs., 4149 Admrs. and Excrs., 4142 Sales of Real Estate, 4687 Sales of Real Estate, 4688 Admrs. and Excrs., 4170 Sales of Real Estate, 4689 Jurisdiction, 3858 Sales of Real Estate, 4672 Conclusiveness of decrees, 4971 Jurisdiction, 3859 Sales of Real Estate, 4672 Jurisdiction, 3860 Sales of Real Estate, 4672 Jurisdiction, 3861 Sales of Real Estate, 4672 Sales of Real Estate, 4725 Sales of Real Estate, 4702 Lien of Decedent' s Debts, 49 2 7 Admrs. and Excrs., 4323 Admrs. and Excrs., 4323 Admrs. and Excrs., 4325 Admrs. and Excrs. , 42 1 1 Lien of Decedent's Debts, 4923 Admrs. and Excrs., 4158 Admrs. and Excrs., 4158,4216 Admrs. and Excrs., 4216, 4217 Admrs. and Excrs., 41 91 888 TABLE OF ACTS. Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, Feb. 24, g3° §31 §32 §33 §33 §34 §35 §36 §37 §38 §39 §40 §41 §41 §42 §42 §4^ §44, §45 §45 §46 §47 §48 §49 §5° §51 §52 §53 §54 §55 §56 §57 §58 §59 Feb. 24, §60 Feb. 24, §61 P. L., 77. Admrs. and Excrs., P. L., 77. Admrs. and Excrs., P. L., 77. Admrs. and Excrs., P. L., 77. Admrs. and Excrs., P. L., 77. Lien of Decedent's Debts, P. L., 77, Admrs. and Excrs., P. L., 77, Sales of Real Estate, P. L., 77. Sales of Real Estate, P. L., 77. Admrs. and Excrs., P. L., 80. Admrs. and Excrs., P. L., 80. Admrs. and Excrs., P. L., 80. Admrs. and Excrs., P. L., 80. Admrs. and Excrs., P. L., 80. Sales of Real Estate, P. L., 81. Admrs. and Excrs., P. L., 81. Partition, P. L., 81. Sales of Real Estate, P. L., 81. Partition, P. L., 82. Sales of Real Estate, P. L., 82. Partition, P. L., 82. Sales of Real Estate, P. L., 82. Admrs. and Excrs., P. L., 82. Admrs. and Excrs., P. L., 82. Admrs. and Excrs., P. L., 83. Admrs. and Excrs., P. L., 83. Admrs. and Excrs., P. L., 83. Admrs. and Excrs., P. L., 83. Admrs. and Excrs., P. L., 83. Admrs. and Excrs., P. L., 83. Admrs. and Excrs., P. L., 83. Admrs. and Excrs., P. L., 80. » Admrs. and Excrs., P. L., 80. Admrs. and Excrs., P. L., 84. Legacies Charged on Land, P. L., 84. Legacies Charged on Land, P. L., 84. Legacies Charged on Land, 4192 4161 4215 4166 4941 4201 4714 4715 4204 4326 4326 4326 4335 4713 4211 4900 4722 4896 4711 4912 4712 4327 4328 4329 4195 4196 4197 4202 4203 4205 4206 4210 4210 4635 4636 4637 TABLE OF ACTS. 889 1835 Feb. 24, §62, P. L., 84. Coll. Inher. Tax, 4535 Feb. 24, §63> P. L., 84. Coll. Inher. Tax, 4535 Feb. 24, §64, P. L., 85- Coll. Inher. Tax, 4535 Feb. 24, §6S> P. L., 86. Coll. Inher. Tax, 4535 Feb. 24, §66, P. L., 86. Admrs. and Excrs., 4156 Feb. 24, §67, P. L., 86. Sales of Real Estate, 4690 Feb. 24, §68, P. L., 86. Sales of Real Estate, 4691 Feb. 24, §69, P. L., 86. Sales of Real Estate, 4535 April 14, §5S> P. L., SSI- History and Organization, > 3792 April 14, §56, P. L., SSI- History and Organization, . 3789 April 14, §57, P. L., 3S2- History and Organization, .3798 April 15, §45, P. L., 518- Guardian and Ward, 4362 April 14, §t, P. L., ■ 27S- Admrs. and Excrs., 4248 April 14, §2, P. L., 275- Partition, 4809 April 14, §3, P. L., ■ 275- Admrs. and Excrs. 4063 April 14, §3. P. L., 275- Guardian and Ward, 4383 1836 June 13, §83, P. L., 587. Guardian and Ward, 4391 ,4392 June 13, §84, P. L., 587- Guardian and Ward, 4394 June 14, §15, P. L., 633- Trusts and Trustees, 4462 June 14, §16, P. L., 633- Trusts and Trustees, 4462 June 14, §23> P. L., . 633- Trusts and Trustees, 4462 June 14, §25. P. L., . 633- Trusts and Trustees, 4462 June 14, §26, P. L., . 633- Trusts and Trustees, 4462 June 14, §27> P. L., 633. Trusts and Trustees, 4462 June 14, §28, P. L., 633- Trusts and Trustees, 4462 June 14, §29> P. L., 633- Trusts and Trustees, 4462 June 14, §3o> P. L., 633- Trusts and Trustees, 4462 June 14, §31. P. L., 633- Trusts and Trustees, 4462 June 14, §32, P. L., 633- Trusts and Trustees, 4462 June 14, §33, P. L., 633- Trusts and Trustees, 4462 June 14, §34, P. L., 633- Trusts and Trustees^ 4462 June 14, §35, P. L., 633- Trusts and Trustees, 4462 June 14, §36, P. L., 633- Trusts and Trustees, 4462 June 16, §3, P. L., 683. Admrs. and Excrs., 4063 890 TABLE OF ACTS. June 16, §■3. P. L., 683. June 16, §8. P. L., , 762. June 16, §i9> P. L., 792. June 16, §i9> P. L., i 792- June 16, §20, P. L., 792. June 16, §21. P. L., i 792- June 16, §22> P. L., . 793- Guardian and Ward, June 16, §31, P. L., 723. 4384 Admrs. and Excrs., 4183 Jurisdiction, 3839 Partition, 4795 History and Organization, 3802 History and Organization, 3803 History and Organization, 3805, 4184, 4208 Admrs. and Excrs. 4183 1840 1841 1842 March 17, .§2, P. L., 81. Trusts and Trustees, 4470 April 13, §1' P. L., 319- Admrs. and Excrs., 4249 April 13. §2, P. L., 319- Guardian and Ward, 4403 April 13, §3. P. L., 320. Partition, 4919 April 13, §4; P. L., 320. Partition, 4797 April 14, §4. P. L., 3SI- Admrs. and Excrs., 4164 April 14, §S> P. L., 351- Admrs. and Excrs., 4165 Oct. 13, §1' P. L., I. Jurisdiction, 3887 Oct. 13, §1' P. L., I. Admrs. and Excrs., 4294 Oct. 13, §1. P. L., I. Bills of Review, 4954 March 22 '§1' P. L., 99. Coll. Inher. Tax, 4535 March 22 >§2. P. L., 99. Coll. Inher. Tax, 4535 March 22 .§4, P. L., , 99- Coll. Inher. Tax, 4535 March 22 .§5> P. L., . 99- Coll. Inher. Tax, 4535 March 12 ,%5, P. L.^ , 67. Admrs. and Excrs., 4063 March 12 >§s. P. L., , 67. Guardian and Ward, 4385 March 17, . §12 , P. L.. . 97- Coll. Inher. Tax, 4535 July 16, §52 , P. L.^ ,388. Admrs. and Excrs., 4324 July 16, §52 , P. L. ,388. Sales of Real Estate, 4723 July 27, §2, P. L., i 436- Admrs. and Excrs., 4: [84, 4208 July 27, §15 , P. L. . 436- Trusts and Trustees, 4462 TABLE OF ACTS. 891 1843 April 13, §10, P. L., 235. Admrs. and Excrs., April 13, April 24, 1844 April 6, May 6, §10, P. L., 235. §8, P. L., 360. 51, P. L., 214. 53, P. L., 565. Execution, Partition, Partition, Coll. Inher. Tax, 1845 April 15, §1, P. L., 458. Partition, 4184, 4208 5010 4874 4862 4535 4892 1846 April 16, April 20, April 20, April 20, April 21, April 21, April 21, April 22, April 22, April 22, §1' §3. §2; §1, P. L., 358. P. L., 411. P. L., 411. P. L., 411. P. L., 426. P. L., 430. P. L., 430. P. L., 483. P. L., 483. §14, P. L., 489. 1847 March 13, §1, P. L., 319. March 16, §2, P. L., 474. March 16, §2, P. L., 474. March 16, §2, P. L., 474. 1848 Jan. 27, §1, P. L., 16 Feb. 8, §1, P. L., 27 Feb. 8, §1, P. L., 27 April II, §5, P. L., 536 April II, §6, P. L., 536 April II, §4, P. L., 536 April II, §9, P. L., 536 April II, §14, P- L-, 536 Coll. Inher. Tax, 4535 Sales of Real Estate, 4743 Sales of Real Estate, 4744 Sales of Real Estate, 4745 Partition, 4796 Process, Fines, etc., 3832 Execution, 5013 Trusts and Trustees, 447 1 Discharge and Dismissal, 4494 Coll. Inher. Tax, 4535 Partition, 4803 Jurisdiction, 3875 Guardian and Ward, 4415 P;:ice Act, 4748 Wills, 3970 Jurisdiction, 3863 Sales of Real Estate, 4672 Lien of Decedent's Debts, 4935 Partition, 4848 Admrs. and Excrs., 4207 Election, 4565 Election, 4565 892 TABLE OF ACTS. 1849 Jan. 24, §3, Jan. 24, §16 March 14, §1, April 9, §2, April. 9, April 9, April 9, April 9, April 9, April 9, April 9, §2. §2, §4, §5. §13 §16, P, §16, P. April 10, §2, P. April 10, §2, P. April 10, §10, P. April 10, §10, P. April 10, §11, P. April 10, §11, P. April 10, §12, P. April 10, §13, P. April 10, §14, P. April 10, §15, P. April 10, §16, P. April 21, §3, P. L., 682. L., 682. L., 164. L-, 5"- L., 511. L., 511. L-, 525- L., 526. L., 527. L., 527. L., 527. L-, 597- L., 597- L-, 571- L., 596. L., 620. L., 571. L-, 571- L-, 571- L-, 571- L-, 571- L-, 571- L., 672. 1850 Jan. 23, §1, P. L., 7. March ii,§i, P. L., 170. March 1 1 , §2, P. L. , 1 70. March 11, §3, P. L., 170. March 11, §4, P. L., 170. March 14, §1, P. L., 195. March 14, §1, P. L., 195. April 22, §21, P. L., 553. April 25, §19, P. L., 569. April 25, §1, P. L., 569. April 25, §2, P. L., 569. April 25, §4, P. L., 570. Execution, 4999 Admrs. and Excrs., 4178 Trusts and Trustees, 4487 Sales of Real Estate, 4671 Jurisdiction, 3862 Sales of Real Estate, 4672 Partition, 4902 Sales of Real Estate, 4692 Admrs. and Excrs., 4214 Sales of Real Estate. 4724 Partition, 4901 Trusts and Trustees, 4472 Dismissal and Discharge, 4495 CoU. Inher. Tax, 4535 Partition, 4799 Admrs. and Excrs., 4184 Coll. Inher. Tax, 4535 Coll. Inher. Tax, 4535 Coll. Inher. Tax, 4535 Coll. Inher. Tax, 4535 Coll. Inher. Tax, 4535 Coll. Inher. Tax, 4535 Guardian and Ward, 4361 Coll. Inher. Tax, 4535 Coll. Inher. Tax, 4535 Coll. Inher. Tax, 4535 Coll. Inher. Tax, 4535 Coll. Inher. Tax, 4535 Trusts and Trustees, 4487 Sales of Real Estate, 4693 Guardian and Ward, 4416 Trusts and Trustees, 4464, 4468 Discharge and Dismissal, 4512, 4518 Partition, 4837 Partition, 49^9 TABLE OF ACTS. 893 April 25, §5. P. L. 570. Partition, 4919 April 25, §10- P. L., 571- Partition, 4840 April 25, §18. p. L., 572. Admrs. and Excrs., 4245 April 25, §44, P. L. 576. Guardian and Ward, 4380 April 26, §22, P. L. 581. Partition, 4861 April 26, §23 P. L. 581. Partition, 4861 April 26, §24 P. L. 581. Legacies Charged on Land, 4663 May 15, §1' P. L., 772. Coll. Inher. Tax, 4535 May 15, §8> P. L. 767. Admrs. and Excrs., 4063 May 15, §8> P. L., 767. Guardian and Ward, 4386 I85I April 3, §1, P. L., 305. Apr Apr Apr: Apr: Apr: Apr Apr: Apr Apr: Apr: Apr: Apr: Apr Apr: Apr: Apr: Apr: Apr: I3, I3, u> 13, l3> l3» l3> I3, l3> I3, I3- I3, l3> l3> I3. I3, 1 14, li5> b, P. 52, P. 52, P. S2j 84. §4, §5. §5. P. P. §3. P- §3. P- P. P. §4, P- §5, P- P. P. ^6, P. §10, P. %5, P- §18, P. L-> 305- L., 305. L., 305. L., 305. L., 305. L., 305. L., 305. L., 305. L., 305. L., 305. L., 305. L., 305. L., 305. L-, 3°S- L., 307. L., 308. L., 613. L., 674. Guardian and Ward, 4408, 4409, 4410 Sales of Real Estate, 4717 Price Act, 4748 Guardian and Ward, 441 1 Sales of Real Estate, 4718 Price Act, 4748 Guardian and Ward, 4412 Sales of Real Estate, 4719 Price Act, 4748 Guardian and Ward, 4413 Sales of Real Estate, 4720 Price Act, 4748 Guardian and Ward, 4414 Sales of Real Estate, 4721 Price Act, 4748 Sales of Real Estate, 4671 Discharge and Dismissal, 4529 Exemption, 45 71 Admrs. and Excrs. 4216 1852 May 3, §1, P. L., 541. May 4, §1, P. L., 638. Admrs. and Excrs., 4183 Price Act, 4776 894 i853 TABLE OF ACTS. Feb. 2, §1, P. L., . 31- Discharge and Dismissal, 4493 Feb. 23, §1, P. L. , 98. Legacies Charged on Land, 4638 Feb. 23, §2, P. L. , 98. Legacies Charged on T-and, 4641 Feb. 23, §3, P. L. , 98. Legacies Charged on Land, 4642 Feb. 23, §4, P. h... , 98. Legacies Charged on Land, 4643 April 18, §1, P. L., SOS- Decedents Debts, 4928 April 18, §1, P. L., SOS- Jurisdiction, 3873 April 18, §1, P. L., S03- Price Act, 4749 April 18, §2, P. L., SOS- Jurisdiction, 3873 April 18, §2, P. L., SOS- Price Act, 4750 April 18, §3, P. L., 503- Price Act, 4751 April 18, §4, P. L., S03- Price Act, 4752 April 18, §5, P. L., SOS- Price Act. 4754 April 18, §6, P. L., SOS- Price Act, 4755 April 18, §7, P. L., 5°S- Price Act, 4756 April 18, §8, P. L., 503- Price Act, 4758 April 18, §9, P. L., 503- Wills, 3963 April 18, §9, P. L., SOS- Guardian and Ward, 4419 April 18, §9, P. L., SOS- Price Act, 4758 April 18, §10, P. L., 503. Price Act, 4759 1854 Feb. 20. §1, P. L., 89. Partition, 4805 March 27, §1, P. L., 214. Trusts and Trustees, 4463 March 27, §1, P. L., 214. Admrs. and Excrs., 4198 April 13, §1, P. L., 368. Price Act, 4760 April 13, §2, P. L., 369. Admrs. and Excrs., 4173 April 13, §2, P. L., 369. Price Act, 4761 April 13, §3, P. L., 369. Price Act, 4762 April 26, §1, P. L., 501. Legacies Charged on Land, 4663 ^'^^y 5' §1' P- L., 570. Admrs. and Excrs., 4212 Dec. 14, §3, P. L., 725. Price Act, 4765 TABLE OF ACTS. 895 i855 April 5, §1. P. L., 162. Admrs. and Excrs., 4134 April 12, §1' P. L., 214. Partition, 4852 April 26, §i> P. L., 308. Admrs. and Excrs., 4222 April 26, §2> P/L., 308. Admrs. and Excrs., 4222 April 26, §4. P. L., 331- Wills, 3932 April 26, §8, p. L., 331- Wills, 3932 April 26, §11. , p. L., 331- Wills, 3933 April 26, §12, , P. L., 331- Wills, 3932 April 26, §15: , P. L., 331- Wills, 3933 April 27, §3, P. L., . 368. Partition, 4811 April 27, §3> P. L., , 368. Partition, 4811 April 27, §4> P. L., , 369- Partition, 4792 April 27, §5. P. h., , 369. Price Act, 4763 April 27, §7, P. L.^ , 368. Partition, 4811 April 27, §8, P. L.^ , 368. Partition, 4811 April 27, §9> P. L., , 368. Partitipn, 4811 April 30, §1' P. L. , 386. Trusts and Trustees, 4465 May 3, §3. P. L., . 416. Trusts and Trustees, 4466, 4467 May 3, §5- P. L. , 416. Trusts and Trustees, 4468 , 4473 May 4, §1. P. L., 43°- Election, 4565 May 4, §i> P. L., 425- Coll. Inher. Tax, 4535 May 4, §2, P. L., 425- Coll. Inher. Tax, 4535 May 4, %3> P. L., 425- Coll. Inher. Tax, 4535 May 4, §3> P. L., 43°- Guardian and Ward, 4369 May 4, §4, P. L., 430- Coll. Inher. Tax, 4535 May 4, §6, P. L., 431- Guardian and Ward, 4376 May 7, §i> P. L., 472. Guardian and Ward, 4361 1856 April II, §4> P. L., 315- Admrs. and Excrs., 4333 April 17, §i> P. L.., , 386. Partition, 4805 April 21, §1' P. L. ,486. Price Act, 4764 April 21, §2> P. L. > 495- Guardian and Ward, 4381 April 22, §I> P. L. . 532- Trusts and Trustees, 4461 April 22, §6, P. L. > 532- Trusts and Trustees, 4461 April 22, §7> P. L. , 533- Wills, 3988 896 TABLE OF ACTS. April 22, §7, P. L., 533. Admrs. and Excrs., 1859 4094, 4101 April 22, §1° ,P- L., '534- Partition, 4843 March 22, §1. P. L., 207. Jurisdiction, 3874 March 22, §1' P. L., , 207. Sales of Real Estate, 4733 March 22, §2. P. L.; , 207. Sales of Real Estate, 4733 April 6, §i. P. L.; , 384- Admrs. and Excrs., 4199 April 7, §i> P. L., 1 406. Discharge and Dismissal, 4519 April 7, §1. P. L., 406. Trusts and Trustees, 4479 April 8, §1. P. L., 425- Exemption, 4572 April 13, §1. P. L., , 611. Admrs. and Excrs. , 4039 >4332 April 13, §1, P. L., . 604. Guardian and Ward, 4437 April 13, §1. P. L-; , 611. Trusts- and Trustees, 4469 April 13, §1. P. L., , 611. Discharge and Dismissal, 4496 i860 March 29, §1, P. L., 343. Admrs. and Excrs., 4179 1861 March 22, §1. P. L., 186. Lien of Decedent's Debts, 4935 May I, §1. P. L., 431- ^Vills, 3973 May I, §1. P. L., 680. Trusts and Trustees, 4486 May I, §^. P. L., 680. Discharge and Dismissal, 4515. 4518 May I, §1. P. L., 680. Discharge and Dismissal, 4528 May I, §1, P. L., , 680. Discharge and Dismissal, 4529 May I, §1. P. L., , 420. Legacies Charged on Land, 4644 May I, §1. P. L., . 431- Sales of Real Estate, 4726 May I, §2> P. L., , 680. Discharge and Dismissal, 4517- 4518 May I, §2. P. L- , 420. Legacies Charged on Land, 4645 May I, §2> , P. L. . 431- Sales of Real Estate, 4727 May I, §^- P. L-, . 431- Price Act, 4770 TABLE OF ACTS. 897 1863 April I, §1, P. L., 205. April I, §1, P. L., 187. April II, §1, P. L., 341. April IS, §1, P. L., 459. Jurisdiction, 3842 Price Act, 4765 Partition, 4915 Exemption, 4571 1864 March 17, §1, p. L., 53. Trusts and Trustees, 4452. 4458 April 18, §1, P. L., 462. Price Act, 4766 April 23, §1, P. L., 550. Trusts and Trustees, 4472 April 23, §1, P. L. , 550. Discharge and Dismissal, 4495 April 27, §1, P. L., 641. Partition, 4918 April 27, §1, P. L., 641. Costs, 4979 Aug. 25, §;, P. L., 1029. Guardian and Ward, 4390 1865 March 27, §1, P. L., 44 March 27, §1, P. L., 44 March 27, §2, P. L., 44 March 27, §3, P. L., 44 Nov. 27, §1, P. L., 1227 Nov. 27, §2, P. L., 1227 Trusts and Trustees, 4461, 4480 Partition, 4913 Trusts and Trustees, 4481 Trusts and Trustees, 4482 Exemption, 4573 Exemption, 4574 1866 April 17, §1, P. L., III. Trusts and Trustees, 4483 April 17, §1, P. L., III. Price Act, 4767 May 17, §1, P. L., 1096. Jurisdiction, 3864 May 17, §1, P. L., 1096. Partition, 4857 May 17, §2, P. L., 1096. Jurisdiction, 3865 1867 Jan. 7, §1, P. L., 1367- Partition, Feb. 13, §1 P. L., 160. Partition, March 23 §1' P. L., 43- Price Act, March 23, §i> P. L-, 43- Price Act, March 23, §2, P. L., 43- Price Act, 487s 4876 4768 479° 4769 898 TABLE OF ACTS. 1868 April 9, April 14, April 14, April 14, April 14, April 28, 1869 Feb. 26, March 18, March 30, April 12, April 13, April 17, April 17, April 17, April 17, April 17, April 17, April 17, April 17, April 20, April 20, §1, P- §1, P- §2, P. §3, P- §4, P. §1, P- §1, P- §1, P- §i>P- §i>P- §1, P- §1, P- §i,P. §i> P- §2, P. §3, P- §4, P- §5>P- §6, P. §1, P. 1870 L., 785. Trusts and Trustees, 4474 L., 97. Partition, 4850 L., 97. Partition, 4850 L., 97. Partition, 4851 L., 97. Partition, 4851 L., 105. Partition, 4914 L., 4. Partition, 4804, 4919 L., 409. Guardian and Ward, 4418 L., 15. Partition, 4805 L., 27. Admrs. and Excrs., 4216 L. , 28. Partition, 4848 L., 70. Admrs.. and Excrs., 4234, 4330 L., 70. Trusts and Trustees, 4488 L., 70. Sales of Real Estate, 4694 L., 72. Sales of Real Estate, 4695 L., 72. Sales of Real Estate, 4696 L., 72. Sales of Real Estate, 4697 L., 72. Sales of Real Estate, 4698 L., 72. Sales of Real Estate, 4699 L. , 77. Partition, 4878 L., 77. Partition, 4879 April 7, §1, P. L., 58. Execution, 1871 May 17, May 23, May 23, May 23, May 23, May 25, §1, P. L., 269. §1, R L., 274. §1, P. L., 274. §2, P. L., 274. §3, P. L., 274. §1, P. L., 279. 1872 April 8, April 8, §1, R L., §1, R L., 44. 44. Admrs. and Excrs., Partition, Costs, Partition, Partition, Guardian and Ward, Admrs. and Excrs., Guardian and Ward, 4999 4331 4854 4979 4855 4856 4382 4063 4387 TABLE OF ACTS. 899 1873 Feb. 28, §1, P. L., 37. Admrs. and Excrs., 4209 March 27, §1, P. L., 49. Execution, 5010 1874 May 14, §1, P. L., 166. Sales of Real Estate, 4741 May 14, §1, P. L., 156. Partition, 4805 May 14, §2, P. L., 156. Partition, 4805 May 14, §3, P. L., 156. Partition, 4805 May 15, §1, P. L., 166. Sales of Real Estate, 4741 May 15, §1, P. L., 194. Admrs. and Excrs., 4064, 4084 May 15, §2, P. L., 194. Admrs. and Excrs., 4085 May 19, §1, P. L. , 206. History and Organization, 3782 May 19, §2, P. L. , 206. History and Organization, 3782 May 19, §3, P. L., 206. History and Organization, 3785 May 19, §4, P. L., 207. History and Organization, 3798 May 19, §5, P. L., 207. History and Organization, 3790 May 19, §6, P. L., 207. Jurisdiction, 3869 May 19, §7, P. L., 207. Jurisdiction, 3871 May 19, §9, P. L., 207. History and Organization, 3803 May 19, §10, P. L., 207. History and Organization, 3791 June 8, §1, P. L., 277. Price Act, 47 71 1875 March 4, §r, P. L., 5. History and Organization, 3799 March 18, §1, P. L., 29. History and Organization, . 3804 March 18, §1, P. L., 29, Costs, 4976 goo TABLE OF ACTS. 1876 1877 1878 1878 April 7, §i> P. L. , 19- History and Organization, 3795 April 7, §^. P. L., , 19- History and Organization, 3796 April 28, |i. P. L., . 5°- Price Act, 4772 May 8, §1. P. L., . 133- Wills, 3932 Mav 8, §1. P. L., . 133- Admrs. aud Excrs., 4173 May 8, §1. P. L.^ , 140. Partition, 4853 ^^3.y 13, §1, P. L., , 172- Partition, 4919 May 14, §1. P. L., . 156. Partition, 4805 May 14, §2. P. L., 156. Partition, 4805 May 14, §3. P. L., 156- Partition, 4805 T March 24. ' §1' P. L., 37- Costs, 4974 March 24, ' §1' P. L., 39- Price Act, 4773 May 22, §1' P. L., 83- Price Act, 4774 May 22, §2, P. L., 83- Price Act, 4775 May 22, §3. P. L., 83- Price Act, 4776 May 24, §1. P. L., 131- History and Organization, 3793 May 24, §2. P. L., 131- History and Organization, 3793 May 24, §3. P. L., 131- History and Organization, 3793 May 24, §4, P. L., 131- History and Organization, 3794 May 24, §5, P. L., 132. History and Organization, 38.01 May 25, §1- P. L., 156. Admrs. and Excrs., 4180 June 12, §1, P. L., 205. Coll. Inher. Tax, 4535 June 12, §1. P. L., 205. Price Act, 4777 June 12, §2. P. L., 205- Price Act, 4778 June 12, §7, P. L., 783- Costs, 4973 TABLE OF ACTS. 901 1879 April II, §1, P. L., 21. Trusts and Trustees, April II, §2, P. L., 21. Trusts and Trustees, April II, §3, P. L., 21. Trusts and Trustees, April II, §4, P. L., 21. Trusts and Trustees, May I, §1, P. L., 40. Partition, May 13, §1, P. L., 60. Wills, June 4, §3, P. L., 88. Wills, 1879 June II, §1, P. L., 142. Guardian 1881 June II, June II, June II, June II, June II, June II, June II, June II, May 5, §2, §3> §4, §5> §6. §9> P. L., 142. P. L., 142. P. L., 142. P. L., 142. P. L., 142. P. L., 142. P. L., 142. 512, P. L., 142. P. L., 12. 1883 May 24, §3. P. L., 22 June 10, %^, P. L., 96. June 10, %-, P. L., 96, 1 April 19, §3. P. L., 9- June 4, §1' P. L., 65- June 4, §i» P. L., 74- June 4, §2, P. L., 74- June 4, §3> P. L., 74- June 5, §1' P. L., 88. June 13, §1' P. L., 91. June 13, §1, P. L., 97. June 27, §1, P. L., 163. Guardian Guardian Guardian Guardian Guardian Guardian Guardian Guardian and Ward, 435i> and Ward, and Ward, and Ward, and Ward, and Ward, and Ward, and Ward, and Ward, 4475 4476 4477 4478 4793 3932 4005 4352 4353 4354 4355 4356 4357 4358 4359 4360 History and Organization, 3786 Admrs. and Excrs., 4181 Guardian and Ward, 4377 Guardian and Ward, 4377 Admrs. atid Excrs., 4189 Sales of Real Estate, 4716 Exemption, 4575> 4578 Exemption, 4576, 4578 Exemption, 4577, 4578 Partition, 48 11 History and Organization, 3785 History and Organization, 3784 Admrs. and Excrs., 4065, 4186 902 TABLE OF ACTS. June 5, §1' P. L., 78. Process, Fines, etc., 3834 June 20, §i> P. L., 218. Guardian and Ward, 4361 June 24, §i> P. L., 155- Admrs. and Excrs. ,4077 ,4iS4 June 24, §2, P. L., iSS- Admrs. and Excrs., 4078 June 24, §3, P. L., iSS- Admrs. and Excrs., 4079 June 24, §4, P. L., ISS- Admrs. and Excrs., 4080 June 24, §5, P. L., ISS- Admrs. and Excrs. , 4081, 4334 June 24, §6, P. L., iSS- Admrs. and Excrs., 4162 June 24, §7> P. L., 15s- Admrs. and Excrs., 4082 June 30, §i> P. L-; , 203. Admrs. and Excrs., 4337 June 30, §i> P. L., . 251. Partition, 4811 June 30, §2, P. L., 203. Admrs. and Excrs. , 4337 July 7, §1. P. L., i 259- Wills, 3938 1887 Sales of Real Estate, 4730 History and Organization, 379° Partition, 48 11 History and Organization, 3787 History and Organization, 3787 Coll. Inher. Tax, 4S36, 4537. 4S38 Coll. Inher. Tax, 4S39 Coll. Inher. Tax, 4S4° Coll. Inher. Tax, 4541 Coll. Inher. Tax, 4S42 Coll. Inher. Tax, 4S43 Coll. Inher. Tax, 4544 Coll. Inher. Tax, 4545 Coll. Inher. Tax, 4546 Coll. Inher. Tax, 4547 May 6, §11, P. L., 82. Coll. Inher. Tax, 4548 March 22, §1. P. L., 7- April 13, §i> P. L., 22. April 13, §1' P. L., S3- April 28, §1' P. L., 72. April 28, §2> P. L., 72. May 6, §1. P. L., 79- May 6, §2, P. L., 79- May 6, §3> P. L., 80. May 6, §4, P. L., 80. May 6, §5> P. L., 80. May 6, §6, P. L., 81. May 6, §7, P. L., 81. May 6, §8, P. L., 81. May 6, §9> P. L., 81. May 6, §10 , P. L., 82. TABLE OF ACTS. 903 May 6, May 6, May 6, May 6, May 6, May 6, May 6, May 6, May 6, May 19, May 24, May 25, May 25, June I, June 3, June 3, June 3, June 3, June 6, June 6, June 6, 512, P. L., 82. 513, P. L., 82. 514, P. L., 83. §16, P. §17, P- §18, P. §19, P- §20, P. §1. §6, §1' 51, P. P. 51, P. 51, P. P. P. P. P. §S> P- §1, p. L., 83. L., 83. L., 84. L., 84. L., 84. L., 84. L., 132. L., 200. L., 261. L., 264. L., 287. L., 333- L-, 332- L-, 332- L., 332. L., 3S9- h' P- L., 359- U' P- L-, 359- Coll. Inher. Tax, 4549 Coll. Inher. Tax, 455° Coll. Inher. Tax, 4551, 4552, 4553 Coll. Inher. Tax, 4554, 4555 Coll. Inher. Tax, 4556 Coll. Inher. Tax, 4557 Coll. Inher. Tax, 4558 Coll. Inher. Tax, 4559 Coll. Inher. Tax, 4560 Execution, 5°° 5 Costs, 4982 Partition, 481 1 Guardian and Ward, 4377 Guardian and Ward, 4361 Admrs. and Excrs., 4333 Partition, 4848 Wills, 3973 Election, 4565 Admrs. and Excrs., 4089, 4120, 4125 Admrs. and Excrs., 4121, 4122 Admrs. and Excrs. , 4123 1889 April 4, April 4, April 25, May 3, May 7, May 7, May 8, May 9, May 9, May 9, §1, P. L. , 23. Partition, - 4920 §1, P. L., 23. Costs, 4979 §1, P. L., 52. History and Organization, 3788 §1, P. L., 78. Costs, 4978 §1, P. L., 102. History and Organization, 3797 §1, P. L., 105. Guardian and Ward, 4362 §1, P. L., 123. Trusts and Trustees, 4484 §1, P. L., 146. Partition, 4801 §1, P. L., 182. Sales of Real Estate, 4746 §1, P. L., 182. Price Act, 4753 904 TABLE OF ACTS. May 13, May 13, 51, P. L., 190. 52, P. L., 190. Guardian and Ward, Guardian and Ward, 1891 May 14, June II, 1893 May 19, May 19, May 24, June 3, June 3, June 3, June 3, June 8, June 8, June 8, June 8, June 8, June 8, June 8, June 8, June 8, June 8, June 8, June 8, June 12, June 16, §1, P. L., 59. Coll. Inher. Tax, §1, P. L., 287. Bills of Review, 4388 4389 4561 4956 §2, P- §1, P- §i,P- §1 P. §2. P- §2.P- §1, P- §1, P- §I>P- §1, P- §2, P- §1, P- L., no. L. , no. L., 131. L., 273. L., 276. L., 276. L., 276. L., 344. L., 344. L., 392. L., 399. L., 392. L-, 356- §1, P. L., 392. §2, P. L., 392. §3> P- L., 392. §4, P. L., 392. §5, P. L., 345. §S> P- L-, 345- §1, P. L., 461. §1, P. L., 464. Sales of Real Estate, 4731 Sales of Real Estate, 4732 Guardian and Ward, 4363 Discharge and Dismissal, 4520 Guardian and Ward, 4364 Guardian and Ward, 4365 Discharge and Dismissal, 4520 Admrs. and Excrs., 4333 Partition, 4848 Admrs. and Excrs., 42 it Guardian and Ward, 43^5 Sales of Real Estate, 4723 Legacies Charged on Land, 4667 Lien of Decedent's Debts, 4924, 4925 Lien of Decedent's Debts, 4925 Lien of Decedent's Debts, 4925 Lien of Decedent's Debts, 4925 Wills, 3973 Election, 45^5 Sales of Real Estate, 4742 Partition, 4801 Table of Cases. (The Figures refer to the Sections.) Abbott, D'lnvilliers v., Abbott, D'lnvilliers v., Abbott V. Jenkins, Ace, Blackwell v., Adams, Brown v., Addams v. Heffermann, Addams, McDowell v., Agnew, Bredin v., Ahl's Appeal, Ainey's Appeal, Ake's Appeal, Ake's Appeal, Albert's Appeal, Albertson's Estate, Albertson's Estate, Albright, Simon v., Alexander v. Kennedy, Alexander v. McMurray, Alexander's Estate, 4 W. N., 124, Admrs. and Excrs., 4187 4 W. N., 124, Trusts and Trustees, 4459 10 S. & R. , 296, Wills, 3947 3 C. P., 177, Trusts and Trustees, 4461 2 A\1iarton, 188, Partition, 4803 9 Watts, 529, Lien of Decedent's Debts, 4943 45 Pa. St., 430, Coll. Inher. Tax, 4562 8 Pa. St., 233, Lien of Decedent's Debts, 4926 129 Pa. St., 26, Trusts and Trus- tees, 4452, 4460, 4489 11 W. N., 568, Jurisdiction, 3924 74 Pa. St., 116, Jurisdiction, 3908 21 Pa. St., 320, Admrs. and Excrs., 4319 128 Pa. St., 613, Guardian and Ward, 4420 47 Leg. Int., 514, Jurisdiction, 3925 I W. N., 188, Admrs. and Excrs., 4234 12 S. & R., 429, Admrs. and Excrs., 4194 3 Gr., 379, Trusts and Trustees, 4447 8 Watts, 504, Lien of Decedent's Debts, 4929 13 Phila., 564, Exemption, 4579 9o6 TABLE OF CASES. Alfonso's Appeal, Alfonso's Appeal, Allen, Baxter v., Allen, Comm. v., Allen V. Krips, Allen V. Krips, Allen V. Krips, Allen V. Henderson, Allen V. Markle, Allen, Porter v., Allen V. Reesor, Allen's Appeal, Allen's Estate, Allen's Estate, Allentown's Appeal, Altemus' Case, Alter's Estate, Altimus V. Elliott, Ammon, Mason v.. Amnion's Appeal, Amsink, Dingman v. , Anck's Estate, Anderson v. Henszey, Anderson v. Henszey, Anderson v. Henszey, 70 Pa. St., 347, Wills, 3984 70 Pa. St., 347 Admrs. and Excrs. 4063, 4068 77 Pa. St., 468, Lien of Decedent's Debts, 4926 30 Pa. St., 52, Execution, 4999 119 Pa. St., I, Lien of Decedent's Debts, 4932 125 Pa. St., 504, Lien of Dece- dent's Debts, 4932 19 W. N., 511, Lien of Decedent's Debts, 4932 49 Pa. St., 333, Wills, 3944 36 Pa. St., 117, Wills, 3950 3 Pa. St., 390, Advancements, 4620 16 S. and R. , 10, Partition, 4871 125 Pa. St., 544, Trusts and Trus- tees, 4453 48 Leg. Int., 15, Trusts and Trus- tees, 4449 48 Leg. Int., 15, Trusts and Trus- tees, 4489 109 Pa. St., 75, Exemption, 4582 1 Ashmead, 49, Admrs. and Excrs., 4052 3 W. N., 356, Admrs. and Excrs., 4234 2 Pa. St., 62, Trusts and Trus- tees, 4449 117 Pa. St., 127, Wills, 3948 31 Pa. St., 311, Admrs. and Excrs., 4265 77 Pa. St., 114, Lien of Dece- dent's Debts, 4935 II Phila. , 118, Admrs. and Excrs., 4226 7 W. X., 39, Trusts and Trustees, 4468 9 Phila., 14, Trusts and Trustees, 4468 9 Phila., 14, Discharge and Dis- missal, 4497 TABLE OF CASES. 907 Anderson v. Washabaugh, 43 Pa. St., 115, Admrs. and Excrs., 4187 10 W. N. , 52, Exemption, 4587 43 Pa. St., 187, Wills, 3946 2 Phila., 137 ; 14 Leg. Int., 300, Trusts and Trustees, 4449 34 Pa. St., 375, Sales, 4682 2 Rawle, 287, Conclusiveness of Decrees, 4967 See proper names. 2 Phila., 239, Trusts and Trustees, 4450 68 Pa. St., 409, Trusts and Trus- tees, 4449 6 Watts, 236, Trusts and Trus- tees, 4452 10 W. N., 571, Partition, 4819 117 Pa. St., 120, Lien of Dece- dent's Debts, 4927 5 Mass., 312, Bills of Review, 4952 34 P. L. J., 184, Trusts and Trus- tees, 4489 1 Gr., 55, Guardian and Ward, 4427 71 Pa. St., 398, Admrs. and Excrs., 4217, 4218 25 Pa. St., 213, Jurisdiction, 3849 2 Dist. Rep., 776, Wills, 4005 60 Pa. St., 290, Trusts and Trus- tees, 4460, 4461 18 W. N., 102, Trusts and Trus- tees, 4449 142 Pa. St., izi. Partition, 4917 80 Pa. St., 38, Sales, 4682 *8i Pa. St., 330, Sales, 4731 2 Pa. St., 112, Lien of Decedent's Debts, 4931 35 Pa. St., 528, Advancements, 4631 30 W. N., 515, Legacies, 4648 5 Ves. Jr., 845, Trusts and Trus- tees, 4461 Andress' Estate, Angle V. Brosius, Angue's Estate, Anshutz's Appeal, App V. Driesbach, Appeals, Apple's Estate, Armstrong's Appeal, Armstrong's Estate, Armstrong's Estate, Arndt's Appeal, Arnold, Dexter v., Arnold's Appeal, Arthur's Appeal, Arundel v. Springer, Ashford v. Ewing, Ashburner's Estate, Ashhurst's Appeal, Ashton's Estate, Association v. Bank, Association v. Reed, Association's Appeal, Atherton v. Atherton, Atherton, Minor v., Atmore, Walker v., At'.vood, Moth v.. 9o8 TABLE OF CASES. Attorney-General v. Fish- mongers' Co., 5 Myl. and Cr., i6; 2 Beav., 588, Trusts and Trustees, 4461 Attorney-General v. Mayor of Exeter, Attorney-General v. Mayor of Exeter, Aubert's Appeal, Aulenbach and Wife, Medlar z/., Aultman's Appeal, Auman v. Auman, Aurand's Appeal, Austin, Strange v., Axtell's Appeal, Bache's Estate, Badger, Wheatly v., Badger, Wheatly v. , Baer, Gast v., Baer's Appeal, Bagwill's Estate, Bailey v. Bowman, Bailey v. Comm., Bailey's Appeal, Bailey's Apjjeal, Baird, Wagner v., Baird, Wells v., 4 English Chancery Rep., 206, Admrs. and Excrs., 4241 4 English Chancery Rep., 206, Trusts and Trustees, 44^1 109 Pa. St., 448, Wills, 4005 2 Pa. Rep., 355, Partition, 4871 98 Pa. St., 505, Trusts and Trus- tees, 4447 21 Pa. St., 343, Wills, 3942 34 Pa. St., 151, Lien of Decedent's Debts, 4926 134 Pa. St., 96, Sales 4705 43 Leg. Int., 476, Admrs. and Excrs., 4317 2 W. N., 493, Jurisdiction, 3876 7 Pa. St., 459, Trusts and Trus- tees, 4479 7 Pa. St., 459, Discharge and Dis- missal, 4497 62 Pa. St., 35, Wills, 3946 127 Pa. St., 360, Trusts and Tnis- tees, 4449 41 L. I., 104, Jurisdiction, 3895 6 W. & S., 118, Lien of Deced- dent's Debts, 4922 41 Pa. St., 473, Partition, 4863 2 Cent. Rep., 310, Trusts and Trustees, 445° 32 Pa. St., 40, Sales, 4732 7 Howard, 234, Trusts and Trus- tees, 4461 3 Pa. St., 351, Lien of Decedent's Debts, 4926, 4943 TABLE OF CASES. 909 Baird's Case, Baird's Case, Baker v. Leibert, Baker's Appeal, Baker's Appeal, Baker's Appeal, Baker's Estate, Baldy's Appeal, Bamber, Barrett v., Bank, Association v., Bank v. Donaldson, Bank, Girard Bank v., Bank, Hanson v., Bank v. Hays, Bank v. Peisart, Bank, Shorman v., Bank', Slaymaker v.. Bank, Stair ?'., Bank's Appeal, Bank's Appeal, Bank's Appeal, Bannon, Tyler v. , Barber's Appeal, Barber's Appeal, Barber's Estate, Barclay v. Kerr, Barclay v. Morrison, I W. & S., 288, Jurisdiction, 3844 1 W. & S., 288, Trusts and Trus- tees, 4468 125 Pa. St., 106, Partition, 4881 8 S. & R. , 12, Guardian and Ward, 4423, 4426 120 Pa. St., 33, Trusts and Trus- tees, 4447 59 Pa. St., 313, Legacies, 4655 I W. N., 234, Admrs. and Excrs., 4234 40 Pa. St., 328, Exemption, 459^ 9 Phila., 202 : 81 Pa. St., 247, Trusts and Trustees, 4461 142 Pa. St., 121, Partition, 4917 7 W. & S., 407, Legacies, 4651 39 Pa. St., 92, Trusts and Trus- tees, 4461 7 Pa. St., 261, Execution, 5017 12 W. N., 338, Legacies, 4648, 4649 2 Penny., 278, Trusts and Trus- tees, 4446 5 W. & S., 373, Lien of Dece- dent's Debts, 4926 103 Pa. St., 616, Admrs. and Excrs., 4234 55 Pa. St., 364, Discharge and Dismissal, 4494 84 Pa. St., 380, Jurisdiction, 3893 19 W. N., 177, Jurisdiction, 389S 99 Pa. St., 148, Partition, 4871 30 W. N., 372, Costs, 4985 125 Pa. St., 564, Jurisdiction, 3926 125 Pa. St., 564, Trusts and Trus- tees, 4484 46 Leg. Int., 516, Admrs. and Excrs., 4306 no Pa. St., 130, Partition, 4793 16 S. & R., 129, Admrs. and Excrs., 4232 9IO Barclay, Ross v., Barclay's Appeal, TABLE OF CASES. Barclay's Estate, Bard v. Nevins, Barhite's Appeal, Barncord v. Kuhn, Barnes, Say v., Barnes, Say v., Barnet v. Washebaugh, Bamholt v. Ulrich, Bamitz, Comm. v., i8 Pa. St., 179, Admrs. and Excrs., 4170 32 P. L. J., 416 ; 42 Leg. Int., 48, Trusts and Trustees, 4452 2 W. N. , 447, Admrs. and Excrs., 4260 9 Watts, 331, Admrs. and Excrs., 4217 24 W. N., 64, Trusts and Trustees, 4454 36 Pa. St., 383, Advancements, 4630 4 S. & R., 112, Guardian and Ward, 4422, 4423, 4426 4 S. & R., 112, Trusts and Trus- tees, 4452 16 S. & R., 410, Legacies, 4660 II W. N., 51, Trusts and Trus- tees, 4461 9 W., 252, Trusts and Trustees, 4468 Barnitz, Eichelberger v., 9 Watts, 447, Wills, 3955 Barnston, Stackhouse z/. , 10 Ves. Jr., 453, Admrs. and Excrs., 4241 Barnston, Stackhouse v., 16 Ves. Jr., 453, Trusts and Trus- tees, 4461 I W., no, Trasts and Trustees, 4461 25 Pa. St., 457, Lien of Decedent's Debts, 4932 9 Phila., 202; 81 Pa. St., 247, Trusts and Trustees, 4461 88 Pa. St., 131, Admrs. and Excrs., 4258 126 Pa. St., 431, Price Act, 4789 48 Pa. St., 518, Trusts and Trus- tees, 4461 13 W. N., 367, Admrs. and Excrs., 4173 II W. N., 561, Trusts and Trus- tees, 4449 I Pars., 24, Trusts and Tnistees, 4450 34 Pa. St., 272, Trusts and Trus- tees, 4468 38 Pa. St., 65, Exemption, 4588 Barr, Rush v., Barr, Sample v., Barrett v. Bamber, Barry's Appeal, Barton v. Benson, Barton v. Dickens, Barton's Estate, Barton's Estate, Barton's Estate, Baskin's Appeal, Baskin's Appeal, TABLE OF CASES. 911 Bassett v. Hawk, Batdorff, Ex Parte, Bates, Waters v.. 118 Pa. St., 94, Wills, 3942 13 W. N., 417, Execution, 4996 44 Pa. St., 473, Conclusivness of Decrees, 4967 4 Penny., 366, Partition, 4884 1 Dist. Rep., 484, Guardian and Ward, 4426 Baughman v. Baughman, 2 Yeates, 410, Wills, 3944 Bavington v. Clarke, 2 P. & W., 115, Partition, 4908 77 Pa. St., 468, Lien of Dece- dent's Debts, 4926 72 Pa. St., 453, Execution, 4999 17 S. & R., 392, Admrs. and Excrs., 4221 96 Pa. St., 74, Guardian and Ward, 4420 2 Watts, 486, Conclusiveness of Decrees, 4967 4 Watts, 13, Lien of Decedent's Debts, 4922 4 Yeates, 102, Partition, 4871 49 Pa. St., 223, Legacies, 4648 19 W. N., 332, Wills, 3939 116 Pa. St., 547, Wills, 3939 5 W. N., 274, Trusts and Trus- tees, 4450, 4452 85 Pa. St., 398, Trusts and Trus- tees, 4452 99 Pa. St., 601, Admrs. and Excrs. , 4099 20 W. N., 94, Sales, 4710 9 Pa. St., 279, Trusts and Trus- tees, 4459, 4460 1 Amb., 219, Trusts and Trustees, 4459 10 Watts, 21, Sales, 4736 71 Pa. St., 465, Jurisdiction, 3878 2 Pars., 200, Guardian and Ward, 4422 2 Grant, 345, Wills, 3944 Bauer, Karstein v., Bauer's Estate, Baxter v. Allen, Bayard's Appeal, Beale v. Comm., Beam's Appeal, Bean, Klingensmith v. Beatty, Quigley v., Beatty v. Smith, Becker v. Kehr, Beck's Appeal, Beck's Appeal, Beck's Estate, Bedell's Appeal, Beeber's Appeal, Beeber's Appeal, Beeson v. Beeson, Belchier, Ex Parte, Bellas V. McCarty, Bell's Appeal, Bell's Estate, Bender v. Fleurie, Beneficial Society, Swift's E.xcrs. v., 73 Pa. St., 362, Wills, 3936 912 TABLE OF CASES. Benison's Estate, Benner, Hall v., Benner v. Phillips, Banner's Estate, Benner's Estate, Bennett v. Fulmer, Bennett v. Fulmer, Bennett v. Morris, Bennett's Estate, Bennett's Estate, Bennett's Estate, Benson, Barton v., Bentley, Longwell v., Bentley's Estate, Bentley 's Estate, Berg's Estate, Berrington v. Evans, Berryhill's Appeal, Berryman's Estate, Best v. Campbell, Bewley's Estate, Beyer, Dickinson v., Bickel r. Young, Bickel, Young v. , Bickel's Appeal, Bickel's Appeal, 9 Phila., 355, Admrs. and Excrs, 4259 1 Penna. Rep., 402, Sales, 4736 9 W. & S., 13, Lien of Dece- dent's Debts, 4927, 4931, 4933 3 Brewster, 398, Admrs. and Excrs., 4260, 4275 2 Chest. Co. Rep., 233, Lien of Decedent's Debts, 4926 49 Pa. St., 160, Admrs. and Excrs., 41 7 1 49 Pa. St., 155, Lien of Dece- dent's Debts, 4926, 4943 5 Rawle, 9, Wills, 3943 40 L. I., 5, Jurisdiction, 3895 132 Pa. St., 201, Admrs. and Excrs., 4320 148 Pa. St., 139, Legacies, 4649 126 Pa. St., 431, Price Act, 4789 23 Pa. St., 99, Partition, 481 1 40 Leg. Int., 252, Jurisdiction, 3924 15 W. N., 160, Admrs. and Excrs., 4267 I Woodward, 75, Exemption, 4585 I You. and C, 434, Trusts and Trustees, 446 1 35 Pa. St., 245, Trusts and Trus- tees, 4449 16 W. N., 303, Guardian and Ward, 4427 62 Pa. St., 476, Trusts and Trus- tees, 4461 12 Phila., 56, Trusts and Trustees, 4458 87 Pa. St., 274, Partition, 4883 3 S. and R., 234, Sales, 4709 I S. and R., 467, Partition, 4825 86 Pa. St., 204, Admrs. and Excrs., 4241 86 Pa. St., 204, Trusts and Trus- tees, 4461 TABLE OF CASES. 913 Bickley, Brodie v., Biddle, Cobb v., Biddle v. Tomlinson, Biddle's Appeal, Bieber's Appeal, Bieber's Appeal, Bigert's Appeal, Biles' Appeal, Biles' Estate, Billington's Appeal, Billington's Estate, Bindley's Appeal, Bindley's Appeal, Bingham's Appeal, Birch, Watson v. , Birck's Estate, Bird's Estate, Bird's Estate, Birmingham, Taylor v., Bishop's Appeal, Bispham's Estate, Bitting, Hassler v., Bittinger's Estate, Black, Myers v., Black, Smith v., Blackburn, Huffnagle v., Blackmoore's Appeal, Blackner v. Owens, 2 Rawle, 431, Admrs. and Excrs., 42 11 14 Pa. St., 444, Partition, 4808 115 Pa. St., 299, Conclusiveness of Decrees, 4967 19 VV. N., 219, Costs, 4980 II Pa. St., 157, Admrs. and Excrs., 4051, 4060 II Pa. St., 163, Admrs. and Excrs., 4109, 4110 8 Harris, 17, Sales, 4736 24 Pa. St., 335, Admrs. and Excrs., 4291 2 Brews., 609; 8 Phila., 587, Trusts and Trustees, 4479 3 Rawle, 55, Guardian and Ward, 4423 3 Rawle, 48, Admrs. and Excrs., 4188 69 Pa. St., 295, Sales, 474° 69 Pa. St., 295, Lien of Dece- dent's Debts, 4926 64 Pa., St., 345, Wills, 4005 15 Sim., 523; II Jur., 198; 16 L. J. Chanc, 188, Trusts and Trustees, 4461 1 Dist. Rep., 391, Exemption, 4581 2 Pars., 168, Trusts and Trustees, 4452 2 Pars., 168, Advancements, 4625 29 Pa. St., 306, Jurisdiction, 3881 7 W and S., 251, Partition, 4793 24 W. N., 79, Coll. Inher. Tax, 4563 40 Pa. St., 68, Trusts and Trus- tees, 4461 129 Pa. St., 338, Coll. Inher. Tax, 4562 17 Pa. St., 193, Sales, 4679 9 Pa. St. , 308, Discharge and Dis- missal, 4528 27 W. N., 60, Trusts and Trus- tees, 4461 4 Penny., 33, Trusts and Trustees, 4447 2 Miles, 365, Admrs. and Excrs., 4166 914 Black's Estate, TABLE OF CASES. i8 W. N., 455, Trusts and Trus- tees, 4461 Black's Executor v. Black's Executor, 34 Pa. St., 354, Jurisdiction, 3849 3 C. P., 177, Trusts and Trustees, 4461 126 Pa. St., 426, Guardian and Ward, 4373 31 Pa. St., 467, Costs, 4981 30 W. N., 486, Wills, 3948 I Grant, 75, Lien of Decedent's Debts, 4933 134 Pa. St., 240, Legacies, 4648 6 Watts, 309, Advancements, 4616 23 Pa. St., 316, Admrs. *and Excrs., 4216 3 Grant, 192, Lien of Decedent's Debts, 4926 90 Pa. St., 350, Guardian and Ward, 4423 9 Watts, 19, Jurisdiction, 3867 I S. & R., 460, Partition, • 4846 83 Pa. St., 45, Trusts and Trus- tees, 4444 86 Pa. St., 372, Execution, 4993 Board of Domestic Missions, Powell v., 49 Pa. St., 46, Wills, 3947 75 Pa. St., 304; 9 Phila., 529, Trusts and Trustees, 4459 144 Pa. St., 269, Admrs. and Excrs., 4280 20 Mo., 89, Admrs. and Excrs., 4241 20 Mo., 89, Trusts and Trustees, 4461 37 Leg. Int., 182, Execution, 4996 65 Pa. St.", 338, Advancements, 4620 27 Pa. St., 492, Trusts and Trus- tees, 4461 I Rawle, 266, Guardian and Ward, 4423 124 Pa. St., 399, Lien of Dece- dent's Debts, 4933, 4939 Blackwell v. Ace, Blair, Johnson v., Blair, McMasters v., Blair v. Miller, Blair, Wallace v., Blake's Estate, Blanchard v. Comm., Bland v. Umstead, Blank's Appeal, Blauser v. Diehl, Bleakney, Craven v., Blocher v. Harmony, Bloomer's Appeal, Blumer, Ex Parte, Bohlen's Estate, Bolenius, Eshleman v., Bollinger v. Chouteau, Bollinger v. Chouteau, Bolton's Estate, Bonebrake, Oiler v.. Bones' Appeal, Bonsall's Appeal, Boon, Grover v.. TABLE OF CASES. Borland v. Murphy, Borland, Murphy z/., Born V. Krips, Born's Estate, Boud's Appeal, Bourgingnon Estate, Bouslaugh, Hileman v. Bower's Appeal, Bower's Estate, Bowersox's Appeal, Bowes V. Seeger, Bowker's Estate, Bowker's Estate, Bowlby V. Thunder, Bowler's Estate, Bowman, Bailey v., Bowman v. Herr, Bowman v. Herr, Bowman v. Herr, Bowman, Kline v.. Bowman v. Wathen, Bowman's Appeal, Bowman's Appeal, Boyd V. Boyd, Boyd V. Coram., Boyd V. Patrol, 488r 4W. N., 472, Partition, 92 Pa. St., 89, Partition, 4881 19 W. N., 511, Lien of Dece- dent's Debts, 4932 16 W. N., 68, Costs, 4982 2 Penny., 241, Trusts and Trus- tees, 4457 48 Leg.- Int., 232, Exemption, 4589 13 Pa. St., 344, Wills, 3944 2 Pa. St., 432, Admrs. and Excrs., 4224 18 W. N., 124, Exemption, 4582 100 Pa. St., 437, Admrs. and Excrs., 4053 8 W. & S., 222, Trusts and Trus- tees, 4459 5 W. N. , 494, Trusts and Trus- tees, 4453 6 W. N. , 254, Sales, 4709 105 Pa. St., 173, Wills, 3963 47 Leg. Int., 298, Admrs. and Excrs., 4265 6 W. & S., 118, Lien of Dece- dent's Debts, 4922 I P. & W. , 282, Jurisdiction, 3846 1 P. & W., 282, Guardian and Ward, 4424 I P. & W., 282, Execution, 4989 19 Pa. St., 24, Partition, 4883 I Howard, 189, Trusts and Trus- tees, 4461 3 Watts, 369, Guardian and Ward, 4425 62 Pa. St., 166, Admrs. and Excrs., 4256 iWatts, 365, Admrs. and Excrs., 4300 36 Pa. St., 359, Admrs. and Excrs., 4218 113 Pa. St., 269, Trusts and Trus- tees, 4449 9i6 Boyd, Patrol v., Boyd's Appeal, Boyd's Appeal, Boyd's Estate, Beyer v. Frick, Boyer, Kreider v., Boyer's Appeal, Boyer' s Estate, Boyer's Estate, Brace v. Evans, Bradford v. Bradford, Bradford v. Kent, Bradley v. Comm., Bradley's Appeal, Bradley's Estate, Bradley's Estate, Bradshaw's Appeal, Braining' s Estate, Braman's Appeal, Brandt's Appeal, Bredin v. Agnew, Bredin, Gilleland v., Breil's Appeal, Breneman v. Frank, Brenneman, Hersha v., Brennflock's Estate, TABLE OF CASES. I20 Pa. St., 624, Trusts and Trus- tees, 4449 38 Pa. St., 246, Admrs. and Excrs., 4053 83 Pa. St., 89, Advancements, 46i9> 4633 4 W. X,, 510, Coll. Inher. Tax, 4563 4 W. &S., 357, Wills, 3998 10 Watts, 54, Advancements, 4618, 4630 23 W. N., 473, Trusts and Trus- tees, 4449> 445° 20 W. N., 207, Guardian and Ward, 4424 46 Leg. Int., 432, Admrs. and Excrs. , 43°7 36 P. L. J., 88, Costs, 4985 2 Clark, 298, Admrs. and Excrs., 4117 43 Pa. St., 474 Jurisdiction, 3883 31 Pa. St., 522, Admrs. and Excrs. , 4097 89 Pa. St., 514, Trusts and Trus- tees, 4450 11 Phila., 87, Admrs. and Excrs., 4259 9 Phila., 327, Discharge and Dismissal, 4523, 4529 3 Grant, 109, Conclusiveness of Decrees, 4967 7 W. X., 34, Guardian and Ward, 4424 89 Pa. St., 78, Election, 4570 8 W., 198, Legacies, 4647 8 Pa. St., 233, Lien of Decedent's Debts, 4926 63 Pa. St., 393, Jurisdiction, 3867 24 Pa. St., 511, Sales, 4732 28 Pa. St., 475, Admrs. and Excrs., 4291 6 S. & R., 2, Partition, 4842 9 Phila., 324, Exemption, 4573, 4579 TABLE OF CASES. 917 Brice's Appeal, Bridesburg Land Co., Ex Parte, Briggs' Appeal, Briggs' Appeal, Bright, Brobst v., Brinker v. Brinker, Brinley, Shearer v., Brinton's Estate, Brisben's Appeal, Brobst V. Bright, Brock V. Savage, Brock, Stiles v., Brodie v. Bickley, Brolaskey, Harrison v., Brolasky's Appeal, Bromley's Estate, Brooke's Appeal, Brooke's Appeal, Brook's Estate, Brookhart v. Small, Brooks' Estate, Brooks, King v., Brooks, Parish v.. 95 Pa. St., 145, Trusts and Trus- tees, 4452 7 Phila., 436, Price Act, 4782 5 Watts, 91, Admrs. and Excrs., 4294 5 Watts, 91, Bills of Review, 4956 8 Watts, 124, Lien of Decedent's Debts, 4926 7 Pa. St., 53, Jurisdiction, 3892 76 Pa. St., 300, Lien of Dece- dent's Debts, 4926 10 Pa. St., 408, Admrs. and Excrs., 4289, 4305 70 Pa. St., 405, Legacies, 4648 8 Watts, 124, Lien of Decedent's Debts, 4926 31 Pa. St., 410; 46 Pa. St., 83, Trusts and Trustees, 4461 1 Pa. St., 215, Lien of Decedent's Debts, 4935 2 Rawle, 431, Admrs. and Excrs., 42 11 20 Pa. St., 299, Trusts and Trus- tees, 4461 3 Penny., 329, Trusts and Trus- tees, 445 7 43 Leg. Int., 16, Admrs. and Excrs., 4307 102 Pa. St., 150, Jurisdiction, 3848, 3871 109 Pa. St., 188, Trusts and Trus- tees, 4443 11 W. N., 124, Admrs. and Excrs., 4234 7 W & S., 229, Legacies, 4652 3 Phila., 516, Price Act, 4788 72 Pa. St., 364, Conclusiveness of Decrees, 4966 4 Brewster, 154, Admrs. and Excrs., 4194 9i8 TABLE OF CASES. Brosius, Angle v., Brotzman's Appeal, Brown v. Adams, Brown v. Caldwell, Brown, Foulk v. , Brown, Foulk v., Brown v. Griffin, Brown v. Griffin, Brown v. Griffin, Brown, Konigmaker v.. Brown, Konigmaker v.. Brown, Shoutz v.. Brown v. Webb, Brown v. Williamson's Excrs., Browning, Lewis v., Brown's Appeal, Brown's Appeal, Brown's Appeal, Brown's Appeal, Brown's Appeal, Brown's Estate, Brown's Estate, Brown's Estate, Brubaker's Appeal, Brubaker's Appeal, Bruch V. Lantz, Bruner's Appeal, 43 Pa. St., 187, Wills, 3946 119 Pa. St., 645, Legacies, 4646 2 Wharton, 188, Partition, 4803 10 S. & R., 114, Guardian and Ward, 4425 2 Watts, 209, Admrs. and Excrs., 4183 2 Watts, 209, Trusts and Trus- tees, 4461 13 W. N. , 91, Trusts and Trus- tees, 4444 14 W. N. , 358, Trusts and Trus- tees, 4468 13 W. N., 91, Trusts and Trustees, 4485 14 Pa. St., 269, Sales, 4739 14 Pa. St., 269, Lien of Dece- dent's Debts, 4926, 4929 27 Pa. St., 123, Jurisdiction, 3903 I Watts, 411,. Lien of Decedent's Debts, 4942 36 Pa. St., 338, Wills, 3963 III Pa. St., 493, Guardian and Ward, 4426 12 Pa. St., 333, Jurisdiction, 3844 12 Pa. St., 333, Trusts and Trus- tees, 4479 12 Pa. St., 337, Discharge and Dismissal, 4497 68 Pa. St., S3, Price Act, 4788 84 Pa. St., 457, Partition, 4793 33 Leg. Int., 148, Admrs. and Excrs., 4060, 4289 11 Phila., 127, Admrs. and Excrs., 4060 8 Phila., 197, Admrs. and Excrs., 4291 1 Penny., 15, Jurisdiction, 3914 98 Pa. St., 21, Admrs. and Excrs., 4058 2 Rawle, Lien of Decedent's Debts, 4922 57 Pa. St., 46, Admrs. and Excrs., 4291 TABLE OF CASES. 919 Bryan, Comm. v., 8 S. & R., 128, Admrs. and Excrs. 4218 4 Phila., 228, Exemption, 4S79 3 Binn., 54, Trusts and Trustees, 444/ 9 W. N., 511, Jurisdiction, 3849 26 W. N. , 237, Advancements, 4627 6 C. C. Rep., 20, Costs, 4985 7 C. C, 466, Exemption, 4581 43 Pa. St., 278, Conclusiveness of Decrees, 49^7 100 Pa. St., 385, Advancements, 4623 43 Pa. St., 278, Conclusiveness of Decrees, 4967 Buffington -'. Railroad Co., 74 Pa. St., 162, Lien of Dece- dent's Debts, 4929 8 Phila., 190, Guardian and Ward, 4421 I W., 370, Trusts and Trustees, 4479 1 Whar., 238, Admrs. and Excrs., 41 71 4 W. and S., 557, Guardian and Ward, 4424 4 W. and S., 557—569, Trusts and Trustees, 4461 24 Pa. St., 286, Jurisdiction, 3849 4 W. and S. , 469, Bills of Review, 495S> 4956 23 W. N. , 159, Trusts arid Trus- tees, 4447 2 Grant, 353, Jurisdiction, 3889 2 Grant, 353, Execution, 5022 42 Pa. St., 461, Coll. Inher. Tax, 4563 2 W. N., 52, Guardian and Ward, 4373 46 Pa. St., 297, Exemption, 4588 94 Pa. St., 522, Trusts and Trus- tees, 4452 108 Pa. St., 386, Wills, 3946 Bums, Cobb's Executor »., 61 Pa. St., 278, Jurisdiction, 3892 Burns v. Cox, 30 Leg. Int., 76, Admrs. and Excrs., 4169 Burns v. Cox, 10 Phila., 8, Admrs. and Excrs., 4169 Bryan's Estate, Bryson, Lazarus v., Bucknor's Estate, Bucknor's Estate, Buckwalter's Estate, Buddy's Estate, Buehler v. Buffington, Buehler's Appeal, Buffington, Buehler v., Buist's Estate, Bull, Jacobs v., Bull, Loud v., Bull V. Towson, Bull V. Towson, Bull's Appeal, Bunting's Appeal, Bunting's Estate, Burd V. McGregor, Burd V. McGregor, Burd, Shippen v., Burgholz's Estate, Burk v. Gleason, Burkholder's Appeal, Burns, Carroll v.. 920 TABLE OF CASES. 66 Pa., St., 400, Jurisdiction, 3867 57 Pa. St., 213, Price Act, 4781 17 S. & R., 121, Lien of Dece- dent's Debts, 4926 2 W. N. , 31, Discharge and Dis- ' missal, 4493 7 W. & S., 152, Trusts and Trus- tees, 4447 II W. N., 107, Admrs. and Excrs., 4234 9 Phila., 269, Wills, 3963 4 Pa. St., 233, Admrs. and Excrs., 4158 37 P. L. J., 442, Advancements, 4629 23 W. N., 14, Guardian and Ward, 4426 61 Pa. St., Ill, Wills, 3949 Byam, Lyman's Admr. ei., 38 Pa. St., 475, Jurisdiction, 3905 Byam, Lyman's Admr. v., 38 Pa St., 475, Exemption, 4579, 4580 Byrne v. Walker, 7 S. & R., 483, Jurisdiction, 3894 Burt V. Herron, Burton's Appeal, Busby, Fryhoffer v., Busby's Estate, Bushey, Chronistey v., Bushong's Estate, Butler V. Butler, Butler, Gemmill v., Butler's Estate, Buttermore's Appeal, Buzby's Appeal, Cable's Appeal, Cadbury v. Duval, Cadbury v. Duval, Cadmus v. Jackson, Cadwalader's Appeal, Cahill's Estate, Cairns, Iddings v., Calahan, Dickinson v., Caldwell, Brown v., Caldwell's Appeal, Caldwell's Estate, Calhoun's Estate, 91 Pa. St., 327, Legacies, 4652 10 Pa. St., 265, Trusts and Trus- tees, 4447 10 Pa. St., 265, Lien of Dece- dent's Debts, 4929 52 Pa. St., 295, Lien of Dece- dent's Debts, 4927 64 Pa. St., 293, Trusts and Trus- tees, 4447, 4449 38 Leg. Int., 270, Admrs. and Excrs., 4301 2 Grant, 89, Conclusiveness of Decrees, 4967 19 Pa. St., 227, Admrs. and Excrs., 4216 10 S. & R., 114, Guardian and Ward, 4425 7 Atlan. Rep., 211, Trusts and Trustees, 4446 6 W. N., 370, Admrs. and Excrs, 4318 6 W., 185, Trusts and Trustees, 4449' 445° TABLE OF CASES. 921 Call V. Ward, Callaghan v. Hall, Callaghan v. Hall, Callender v. Ins. Co., Callender's Estate, 4 W. & S., 118, Guardian and Ward, 4424 I S. & R., 241, Admrs. and Excrs. , 4290 I S. & R., 241, Trusts aiid Trus- tees, 445 2 23 Pa. St., 471, Admrs. and Excrs., 4265, 1 W. N., 518, Admrs. and Excrs., 4234 Cameron, Carpenter »., 7 Watts, 51, Conclusiveness of Decrees, 4967* 62 Pa. St., 476, Trusts and Trus- tees, , 446 1 2 Wh., 53, Trusts and Trustees, 4447 51 Pa. St., 200, Trusts and Trus- tees, 4460 24 Pa. St., 498, Admrs. and Excrs., 4339 5 Watts, 97, Guardian and Ward, 4434 9 Watts, 300, Trusts and Trus- tees, 4468 106 Pa. St., 63s, Wills, 3935 9 Phila., 322, Wills, 3934 7 Watts, 51, Conclusiveness of Decrees, 4967 Carpenter, Hemphill v., 6 Watts, 22, Lien of Decedent's Debts, 4922 2 Grant, 381, Trusts and Trus- tees, 4449 4 Pa. St., 222, Advancements, 4634 31 Pa. St., 533, Admrs. and Excrs., 4217 II Phila., 59, Admrs. and Excrs., 4170 79 Pa. St., 230, Trusts and Trus- tees, 4452 108 Pa. St., 386, Wills, 3946 112 Pa. St., 390, Admrs. and Excrs., 4188, 4222 112 Pa. St., 390, Legacies, 4652 Campbell, Best v., Campbell v. Ins. Co., Campbell v. McLain, Campbell v. Reed, Carl V. Wonder, Carlisle's Appeal, Carl's Appeal, Carnell's Estate, Carpenter v. Cameron, Carpenter's Appeal, Carpenter's Estate, Carr, Grim v. , Carren's Estate, Carrier's Appeal, Carroll v. Burns, Carroll, Smith v., Carroll, Smith v., 922 TABLE OF CASES. Carson, Chambers v., Carson v. Fuhs, Carson's Appeal, Carswell, Ex Parte, Carter v. McMichael, Carter v. Trueman, Carter's Appeal, Cascaden v. Cascaden, Cash, Fox z/., Cassady's Estate, Cassady's Estate, Cassel, Ex Parte, Caunt, Gibbons v. , Chadon, Morris v., Chadwick's Appeal, Chahoon v. HoUenback, Chambers v. Carson, Chambersburg Saving Fund Appeal, Chambersburg Saving Fund Appeal, Champion v. Rigby, Chapman's Appeal, Charlton's Appeal, Chase v. Irwin, Chess' Appeal, Chess' Appeal, 2 Wh. 9, 365, Lien of Dece- dent's Debts, 4933, 4934 131 Pa. St., 256, Wills, 3942 99 Pa. St., 325, Wills, 3963 1 Phila., 521, Price Act, 4781 10 S. & R., 429, Wills, 3944 7 Pa. St., 315, Admrs. andExcrs., 4194 10 Pa. St., 144, Jurisdiction, 3897 140 Pa. St., 140, Sales, 4737 11 Pa. St., 207, Trusts and Trus- tees, 4461 37 Leg. Int., 246, Admrs. and Excrs., 4225 9 W. N., 275, Partition, 4807 3 W,, 408, Trusts and Trustees, 4458 4 Vesey, 840, Advancements, 4633 4 Phila., 89, Admrs. and Excrs., 4966 7 Atlan. Rep., 178, Trusts and Trastees, 4468 16 S. & R., 425, Lien of Dece- dent's Debts, 4937 2 Wh., 365, Lien of Decedent's Debts, 4933, 4934 76 Pa. St., 203, Guardian and Ward, 4424 76 Pa. St., 203, Trusts and Trus- tees, 4449, 4450 I Russ. and Mylne, 539, Trusts and Trustees, 4461 122 Pa. St., 331, Lien of Dece- dent's Debts, 4930 34 Pa. St., 473, Admrs. and Excrs., 4285 87 Pa. St., 286, Admrs. and Excrs., 41 7 1 4 Pa. St., 52, Sales, 4677 4 Pa. St. 52, Execution, 4989 TABLE OF CASES. 92- Chew's Appeal, 37 Pa. St., 23 ; 45 Pa. St., 228, Wills, 3949, 3965 Chew's Appeal, 3 Gr., 294, Discharge and Dis- missal, 4534 44 Pa. St., 247, Execution, 4988 2 Pars., 153, Discharge and Dis- missal, 4521 3 W. N., 392, Execution, 499i Cholmondely v. Clinton, 2 Jac. and Walker, 141, Trusts and Trustees, 4461 32 Pa. St., 315, Admrs. and Excrs., 4241 32 Pa. St., 315, Trusts and Trus- tees, 4447; 4461 Chouteau, Bollinger v., 20 Mo., 89, Admrs. and Excrs., 4241 Chouteau, Bollinger v., 20 Mo., 89, Trusts and Trustees, 4461 18 W. N., 88, Coll. Inher. Tax, 4562 5 W. & S., 400, Advancements, 4620 95 Pa. St., 380, Trusts and Trus- tees, 4461 I Grant, 369, Advancements, 4615, 4620 no Pa. St., 538, Partition, 4824, 4829 7 W. & S., 152, Trusts and Trus- tees, 4447 25 Leg. Int., 380, Trusts and Trustees, 4459 64 Pa. St., 432, Trusts and Trus- tees, 4461 4 W. & S., 346, Admrs. and Excrs., 4279 50 Pa. St., 518, Lien of Dece- dent's Debts, 4929 27 W. N., 545; 30 W. N., 337, Trusts and Trustees, 4461 45 Pa. St., 9, Wills, 3957 12 W. N., 477, Trusts and Trus- tees, 4468 19 Fed. Rep., 609, Admrs. and Excrs., 4241 Chew's Appeal, Chew's Estate, Chew's Estate, Chorpenning's Appeal, Chorpenning's Appeal, Christian's Estate, Christman v. Siegfried, Christy v. Sill, Christy's Appeal, Christy's Appeal, Chronistey v. Bushey, Church V. Gordon, Church V. Ruland, Church,, Tassey v., Church V. Watson, City, Gillespie v.. City V. Girard, City V. Trustees, City, United States v.. 924 City, United States v., City, Vidal v., Clapp, Hollenback v., Clapp, Shippen v., Clark, Duncan v., Clark V. Trindle, Clark, UUery v., Clark V. Wallace, Clarke, Bavington v., Clarke v. McClelland, Clarke's Appeal, Clarke's Appeal, Clarke's Estate, Clark's Appeal, Clark's Appeal, Clark's Estate, Clark's Estate, Clauser's Estate, Clayton, McCay v., Cleary, Moss v., Clemson, Pusey v., Clemson, Pusey v., Clermontel's Estate, TABLE OF CASES. 19 Fed. Rep., 609, Trusts and Trustees, 4461 2 Howard, 127, Wills, 3957 103 Pa. St., 61, Admrs. and Excrs., 4268 36 Pa. St., 89, Admrs. and Excrs., 4264 7 Watts, 217, Lien of Decedent's Debts, 4922 52 Pa. St., 492, Trusts and Trus- tees, 4461 18 Pa. St., 148, Conclusiveness of Decrees, 4966 48 Pa. St., 80, Guardian and Ward, 4401, 4420 2 P. & W., 115, Partition, 4908 9 Pa. St., 128, Admrs. and Excrs., 4217 18 Pa. St., 175, Guardian and Ward, 4423 79 Pa. St., 376, Election, 4566 1 Phi la., 356, Trusts and Trus- tees, 4461 2 Watts, 405, Admrs. and Excrs., 4278 93 Pa. St., 369, Admrs. and Excrs., 4305 32 Leg. Int., 126 ; 11 Phila., 53 ; I W. N., 316, Trusts and Trustees, 4452 46 Leg. Int., 445, Sales, 4708 I W. & S., 208, Lien of Dece- dent's Debts, 4926 119 Pa. St., 133, Conclusiveness of Decrees, 4967 5 Phila., 364, Trusts and Trus- tees, 4446 9 S. & R., 204, Admrs. and Excrs., 41 7 1 9 S. & R., 204, Trusts and Trus- tees, 4452 12 Phila., 139, Trusts and Trus- tees, 4450 TABLE OF CASES. 925 Clermontel's Estate, 13 Phila., 235, Trusts and Trus- tees, 4458 Cline's Appeal, 106 Pa. St., 617, Admrs. and Excrs., 4269 Clinton, Cholmondely v., 2 Jac. and Walker, 141, Trusts and Trustees, 4461 5 Pa. St., 385, Wills, 3949 14 Pa. St., 361, Trusts and Trus- tees, 4485 27 W. N., 325, Trusts and Trus- tees, 4459 6 W. N., 367, Exemption, 4580 24 Pa. St., 143, Sales, • 4709 24 Pa. St., 143, Lien of Dece- dent's Debts, 4926 14 Pa. St., 444, Partition, 4808 Cobb's Executor v. Burns, 61 Pa. St., 278, Jurisdiction, 3892 I Leg. Gaz. R., 383, Trusts and Trustees, 4452 146 Pa. St., 223, Lien of Dece- dent's Debts, 4933 I W. & S., 112, Trusts and Trus- tees, 4461 9 Phila., 299, Execution, 4990 104 Pa. St., 482, Guardian and Ward, 4425 I Dist. Rep., 158, Exemption, 4586 I Dist. Rep., 82, Exemption, 4589 Clippenger, Heck v. , Cloud, Rigler v., Coal Co. , Trust Co. v. , Coates' Estate, Cobaugh's Appeal, Cobaugh's Appeal, Cobb V. Biddle, Cobb's Executor Cobum's Estate, Cochran, Coram, v., Cochran, Finney v. , Cochran v. Go wen, Cochran, West v.. Cocker's Estate, Cocker's Estate, Cockins & Harper, Excrs. ' Appeal, Coffman, Weigley v. , Coggin's Appeal, Cohen's Appeal, Cohen's Appeal, Colbach, Ross v., Colburn v. Trimpey, III Pa. St., 26, Wills, 3942 144 Pa. St., 489, Jurisdiction, 3924 124 Pa. St., 10, Wills, 3963 2 Watts, 175, Jurisdiction 3913 2 Watts, 175, Discharge and Dis- missal, 4523 6 Lane. Law Review, 290, Juris- diction, 3895 36 Pa. St., 463, Lien of Dece- dent's Debts, 4942 926 TABLE OF CASES. Coleman, Comm. v., Colhoun's Estate, Colhoon's Estate, Colley V. Latimer, Collins, Gallagher v. , Colwell V. Rockwell, Col well. Wood's Excr. Comm. V. Allen, Comm., Bailey v., Comm. V. Barnitz, Comm., Beale v., Comm., Blanchard v., Comm., Boyd v., Comm., Bradley v., Comm. V. Bryan, Comm. V. Cochran, Comm. V. Coleman, Comm., Cook v., Comm., Crawford v., Comm. V. Curtis, Comm., Devlin v., Comm. V, Dill, Comm V. Drynan, Comm. V Duffield, Comm., Ebbs v., Comm. V. Eckert, 52 Pa. St., 468, Coll. Inher. Tax, 4562 6 W., 185, Trusts and Trustees, 4450 40 Leg. Int., 474, Legacies, 4654, 4657 5 S. & R., 211, Lien of Dece- dent's Debts, 4933 7 Watts, 552, Conclusiveness of Decrees, 4967 100 Pa. St., 133, Lien of Dece- dent's Debts, 4932 v., 34 Pa. St., 92, Lien of Dece- dent's Debts, 4942 30 Pa. St., 52, Execution, 4999 41 Pa. St. 473, Partition, 4863 9 W., 252, Trusts and Trustees, 4468 17 S. and R., 392, Admrs. and Excrs. , 4221 6 Watts, 309, Advancements, 4616 36 Pa. St., 359, Admrs. and Excrs., 4218 31 Pa. St., 522, Admrs. and Excrs., 4097 8 S. and R., 128, Admrs. and Excrs., 4218 146 Pa. St., 223, Lien of Dece- dent's Debts, 4933 52 Pa. St., 468, Coll. Inher. Tax, 4562 11 Atlan. Rep., 574, Guardian Ward, 4436 I Watts, 480, Admrs. and Excrs., 4218 37 Leg. Int., 83, Execution, 4993 10 1 Pa. St., 273, Admrs. and Excrs., 4033 I Phila., 556, Admrs. and Excrs., 4218 15 W. N., 223, Guardian and Ward, 4378 12 Pa. St., 277, Coll. Inher. Tax, 4562 II Pa. St., 374, Partition, 4868, 4S69 53 Pa. St., 102, Coll. Inher. Tax, 4562 TABLE OF CASES. 927 Coram. V. Evans, Coram. V. Ferguson, Comm., Ferree v., Coram. V. Forney, Coram., Foster v., Coram, z'. Freedley, Comm. V. Fretz, Coram., Galbraith v., Coram., Garber v., Comm., Garber v., Comm. V. Gilson, Coram., Hackett v., Coram. V. Hantz, Coram., Hartman v., Coram., Hartzell v., Coram., Hartzell v., Coram, V. Hearne, Comm. V. Herman, Corara. V. Hilgert, Comm. V. Judges, Comm. V. Keil, Comm. V. Kerchner, Coram. V. Mateer, Comra. V. Mateer, Comm. V. McAlister, Coram., McLenachan 1 Watts, 437, Admrs. and Excrs., 4218 137 Pa. St., 595, Coll. Inher.Tax, 4562 8 S. and R., 312, Partition, 4916 3 W. and S., 353, Admrs. and Excrs., 4°95 35 Pa. St., 148, Admrs. and Excrs., 4061 21 Pa. St., 33, Coll. Inher. Tax, 4562 4 Pa. St., 344, Admrs. and Excrs., 4218 14 Pa. St., 258, Coll. Inher. Tax, 4562 7 Pa. St., 265, Jurisdiction, 3889 7 Pa. St., 265, Conclusiveness of Decrees, . 4969 8 Watts, 214, Admrs. and Excrs., 4221 102 Pa. St., 505, Coll. Inher. Tax, 4562 2 P. & W., 333,' Guardian and Ward, 4423 13 Atlan. Rep., 780, Guardian and Ward, 4436 42 Pa. St., 453, Admrs. and Excrs., 4221 42 Pa. St., 453, Conclusiveness of Decrees, 49^7 10 Phila. , 199, Guardian and Ward, 4375 16 W. N., 210, Coll. Inher. Tax, 4562 55 Pa. St., 236, Admrs. and Excrs., 4221 4 Pa. St., 301, Jurisdiction, 3840 9 Phila., 140, Adrars. and Excrs., 4221 24 W. N., 260, Coll. Inher. Tax, 4563 16 S. & R., 416, Admrs. and Excrs., 4035. 4194 16 S. & R., 416, Lien of Dece- dent's Debts, 4935 28 Pa. St., 480, Admrs. and Excrs., 4280 v., I Rawle, 357, Conclusiveness of Decrees, 49^7 928 TABLE OF CASES. Comtn., McMicken v., Comm., Miller v., Comm. V. Miller, Comm. V. Moltz, Comm. V. Moltz, Comm., Moorehead v., Comm. V. Nancrede, Comm., Neel v., Comm. V. Pool, Comm. V. Pool, Comm. V. Powell, Comm. V. Pray, Comm. V. Raser, Comm., Reed v., Comm. V. Reed, Comm. V. Reed, Comm., Reish v., Comm. V. Rhoads, Comm. V. Risdon, Comm. V. Rogers, Comm. Rutherford v., Comm. V. Severn, Comm., Small v., Comm. V. Smith, 58 Pa. St., 214, Conclusiveness of Decrees, 4967 III Pa. St., 321, Coll. Inher. Tax, 4562 8 S. & R., 452, Lien of Dece- dent's Debts, 4935 10 Pa. St., 527, Admrs. and Excrs., 4218 10 Pa. St., 527, Conclusiveness of Decrees, , 4967 I Grant, 213, Conclusiveness of Decrees, 4967 32 Pa. St., 389, Coll. Inher. Tax, 4562 7 Atlan. Rep., 74, Guardian and Ward, 4436 6 Watts, 32, Admrs. and Excrs., 4287 6 Watts, 32, Lien of Decedent's Debts, 4g2 2 51 Pa. St.. 438, Coll. Inher. Tax, 4562 125 Pa. St., 542, Guardian and Ward, 4436 62 Pa. St., 436, Guardian and Ward, 4397 11 S. & R., 441, Admrs. and Excrs., 4221 8 Phila., 20, Admrs. and Excrs., 4221 59 Pa. St., 425, Execution, 4993 106 Pa. St., 521, Coll. Inher. Tax, 4562 37 Pa. St., 60, Conclusiveness of Decrees, 4967 8 Phila., 23, Discharge and Dis- missal, 4531 53 Pa. St., 470, Discharge and Dismissal, 4532 7 W. N. , 534, Guardian and Ward, 4423 II Phila., 310, Lien of Dece- dent's Debts, 4926 8 Pa. St., 101, Admrs. and Excrs., 4218 4 Phila., 270, Admrs. and Excrs., 4300 TABLE OF CASES. 929 Comm. V. Smith, Coram. V. Smith, Comm. V. Snowden, Comm. V. Stauffer, Comm. , Stinger v. , Comm., Strode v., Comm. V. Strohecker, Comm. V. Stub, Coram. V. Stump, Coram. , Tharp v. , Comm. , Thayer v. , Comm. V. Wenrich, Coram., Wetherill v., Comm. V. Williams, Comra. V. Wilson, Coram. V. Winters, Comm. V. Wistar, 'Comra. 's Appeal, Corara.'s Appeal, Comm.'s Appeal, Corara.'s Appeal, Compher v. Compiler, Conaughton's Estate, Condon, Keating v. , Connelly's Appeal, Conrad's Appeal, Conrow's Appeal, Conrow's Estate, 4 Phila., 270, Discharge and Dis- missal, 4507 20 Pa. St., 104; 5 Pa. St., 142, Coll. Inher. Tax, 4562 I Brewster, 218, Execution, 4993 10 Pa. St., 350, Wills, 3966 26 Pa. St., 422, Coll. Inher. Tax, 4562, 4563 52 Pa. St., 181, Coll. Inher. Tax, 4562, 4563 9 Watts, 479, Admrs. and Excrs., 4194 II Pa. St., 150, Admrs. and Excrs., 4218 53 Pa. St., 132, Coll. Inher. Tax, 4562 58 Pa. St., 500, Coll. Inher. Tax, 4562 12 W. N., 533, Coll. Inher. Tax, 4562 8 Watts, 159, 162, Admrs. and Excrs., 4218, 4219 17 W. N., 104, Admrs. and Excrs., 4220, 4221 13 Pa. St., 29, Coll. Inher. Tax, 4562 7 W. N., 62, Admrs. and Excrs., 4219 4 W. N. , 346, Admrs. and Excrs., 4221 142 Pa. St., 373, Jurisdiction, 3928 127 Pa. St., 440, Coll. Inher. Tax, 4562 11 W. N., 492, Coll. Inher. Tax, 4562^ 34 Pa. St., 204, Coll. Inher. Tax, 4562, 4563 128 Pa. St., 603, Coll. Inher. Tax, 4562, 4563 25 Pa. St., 31, Exemption, 4613 30 W. N., 202, Wills, 3998 68 Pa. St., 75, Admrs. and Excrs., 4168 I Grant, 365, Discharge and Dis- missal, 4533 II W. N., 521, Trusts and Trus- tees, 4449 3 Penny., 356, Wills, 3942, 3963 13 W. N., 551, Trusts and Trus- tees, 4444 930 TABLE OF CASES. Conway, Show v., Conwell's Estate, Conyngharn's Estate, Cook V Comm., Cook, Newport v.. Cook V. Petty, Cooke, Rocke v.. Cook's Estate, Cooper, Irwin v., Cooper, Irwin v.. Cooper V. Pogue, Coover's Appeal, Copely's Appeal, Copely's Appeal, Copenheffer's Appeal, Copple's Estate, Copple's Estate, Corbin v. Wilson, Cornell v. Green, Cornpropst's Appeal, Corrigan's Estate, Corwin's Appeal, Costen's Appeal, 7 Pa. St., 136, Admrs. and Excrs., 4265 22 W. N., 183, Coll. Inher. Tax, 4562 25 P. L. J., 23, Trusts and Trus- tees, 4450 11 Atl. Rep., 574, Guardian and Ward, 4436 2 Ash, 332, Guardian and Ward, 4401, 4420 108 Pa. St., 138, Legacies, 4648 12 Jur., 5 ; 17 L. J. Chanc, 93 ; I De. G. and S., 675, Trusts and Trustees, 4461 1 Phila., 342, Admrs. and Excrs., 4051 92 Pa. St., 298, Admrs. and Excrs., 4241 92 Pa. St., 298, Trusts and Trus- tees, 4461 92 Pa. St., 254, Wills, 3966 52 Pa. St., 427, Admrs. and Excrs., 4052 82 Pa. St., 143, Admrs. and Excrs., 4291 82 Pa. St., 143, Trusts and Trus- tees, 4452 3 Penny, 243, Guardian and Ward, 4423 4 Phila., 378, Admrs. and Excrs., 4168 4 Phila., 378, Trusts and Trus- tees, 4447 2 Ash., 178, Guardian and Ward, 4420 10 S. &R., 14, Admrs. and Excrs., 4161 33 Pa. St., 537, Admrs. and Excrs. , 4060 82 Pa. St., 495, Lien of Dece- dent's Debts, 4922, 4925 126 Pa. St., 326, Guardian and Ward, 4368 13 Pa. St., 292, Trusts and Trus- tees, 4449 TABLE OF CASES. 931 Cote V. Von Bonnhorst, Gote's Appeal, Cotterell, Stephens v., Coulter V. Selby, Cowan's Appeal, Cowper, Proctor v., Cowper, Proctor v., Cowperthwaite's Estate, Cox, Burns v., Cox's Estate, Cox's Estate, Cox's Estate, Cox's Estate, Coyle, Smith v.. Craft, Payne v., Craig V. Moorhead, Craig's Appeal, Cram's Estate, Cram's Estate, Cramp's Appeal, Crause's Estate, Craven v. Bleakney, Crawford v. Comm., Crawford, McKenahan v., Creidland's Estate, Cress, Ex Parte, Cresson v. Ferree, Creswell, Rancel v., Cridge, Reynolds v., 41 Pa. St., 243, Wills, 3949 79 Pa. St., 235, Partition, 4794 99 Pa. St., 192, Admrs. and Excrs., 4185 39 Pa. St., 358, Lien of Dece- dent's Debts, 4932 74 Pa. St., 329, Partition, 4800 2 Vern., 376, Admrs. and Excrs., 4241 2 Vern., 376, Trusts and Trus- tees, 4461 20 W. N., 504, Admrs. and Excrs., 4097 30 Leg. Int., 76; 10 Phila., 8, Admrs. and Excrs., 4169 39 Leg. Int., 22, Jurisdiction, 3895 5 W. N., 475, Admrs. and Excrs., 4258 5 W. N., 474, Trusts and Trus- tees, 445 2 II W. N., 137, Exemption, 4580 83 Pa. St., 242, Wills, 3947 7 W. & S., 458, Lien of Dece- dent's Debts, 4922, 4931 44 Pa. St., 97, Advancements, 4630 5 W. N., 243, Lien of Decedent's Debts, 4926 25 W. N., 250, Coll. Inher. Tax, 4562 25 W. N., 250, Sales, 4708 81 Pa. St., 95, Bills of Review, 4958 6 Phila., 71, Exemption, 4579 9 Watts, 19, Jurisdiction, 3867 1 Watts, 480, Admrs. and Excrs., 4218 59 Pa. St., 390, Admrs. and Excrs. 4189 2 Phila., 379, Trusts and Trustees, 4461 2 Wh., 494, Guardian and Ward, 4426 70 Pa. St., 447, Discharge and Dismissal, 45° i 30 Pa. St., 158, Wills, 3946 131 Pa. St., 189, Trusts and Trus- tees, 4489 932 TABLE OF CASES. Criswell's Appeal, Crompton's Estate, Cronrath's Estate, Crosson's Appeal, Crotzer, Tritt v., Crowell's Appeal, Cryder's Appeal, Cubbage v. Nesmith, Culbertson's Appeal, Culbertson's Appeal CuUen's Estate, Cummins, Thomas v., Gumming' s Estate, Cumming's Estate, Cunlifif, McPherson v., Curcier's Estate, Curran's Estate, Curtis, Comm. v., Curtis V. Longstreth, Cusack's Estate, Custer, Quillman v., Cuthbertson, Yardley v., Cuthbertson's Appeal, D'Invilliers v. Abbott, D'Invilliers zi. Abbott, Daggers v. Vandyck, Daggers v. Vandyck, Daily's Appeal, Dailey, Shelby v. , Daley v. Koons, 41 Pa. St., 288, Wills, 3942 29 W. N., 36, Coll. Inher. Tax, 4563 1 Woodward, 103, Sales, 4737 125 Pa. St., 380, Sales, 4737 13 Pa. St., 507, Coll. Inher. Tax, 4562 2 Watts, 29s, Guardian and Ward, 4422 II Pa. St., 72, Discharge and Dismissal, 4521 3 Watts, 314, Partition, 4871 76 Pa. St., 145, Jurisdiction, 3882 84 Pa. St., 303, Trusts and Trus- tees, 4458 142 Pa. St., 18, Coll. Inher. Tax, 4562 1 Yeates, 40, Execution, 4993 30 W. N., 430, Coll. Inher. Tax, 4563 30 W. N., 430, Election, 45^9 II S. & R., 422, Conclusiveness Decrees, 4966, 4967 28 Pa. St., 261, Jurisdiction, 3851 28 W. N. , 96, Jurisdiction, 3927 37 Leg. Int., 83, Execution, 4993 34 Pa. St., 297, Wills, 3941, 3942, 3949 3 Brews., 325, Trusts and Trus- tees, 4452 57 Pa. St., 125 Wills, 3942 108 Pa. St., 395, Wills, 3968 97 Pa. St., 163, Wills, 3968 4 W. N., 124, Admrs. and Excrs., 4187 4W. N., 124, Trusts and Trus- tees, 4459 37 N. J. Eq., 130, Admrs. and Excrs. 4241 37 N. J. Eq., 130, Trusts and Trustees, 4461 87 Pa. St., 487, Jurisdiction, 3879 2 S. & R., 548, Admrs. and Excrs., 4218 90 Pa. St., 246, Wills, 3949 TABLE OF CASES. 933 Danhouse's Estate, Darrah's Appeal, Davey's Estate, Davidson, Newkumet v. , Davidson, Newkumet v., Davis' Appeal, Davis' Appeal, Davis' Appeal, Davis' Appeal, Davis' Appeal, Davis' Appeal, Davis' Estate, Davis' Estate, Davis' Estate, Davis, Dinsmore v., Davis, Evans v., De Haven v. Williams, De Haven v. Williams, De Haven's Appeal, De Haven's Estate, Dean's Appeal, Deardorff's Appeal, Dech's Estate, Del Busto's Estate, DelValle's Estate,, Delberts' Appeal, No. 2, Demmy's Appeal, Deramy's Appeal, Denison v. Cornwall, 130 Pa. St., 256, Partition, 4812 10 Pa. St., 2IO, Partition, 4830 9 C. C. Rep., 125, Lien of Dece- dent's Debts, 4933 13 W. N., 10, Admrs. andExcrs., 4286 13 W. N., 10, Trusts and Trustees, 4449 23 Pa. St., 206, Admrs. and Excrs. 4300 60 Pa. St., 118, Guardian and Ward, 4423 100 Pa. St., 201, Trusts and Trus- tees, 4452 34 Pa. St., 256, Exemption, 4587 83 Pa. St., 348, Legacies, 4640, 4648 14 Pa. St., 371, Sales, 4733 I Phila., 360, Jurisdiction, 3910 5 Whar., 530, Trusts and Trus- tees, 4449 6 W. N., 15, Admrs. and Excrs., 4318 7 W. N. , 295, Costs, 4980 I Yeates, 332, Wills, 394^ 80 Pa. St., 480, Admrs and Excrs., 4187 80 Pa. St., 480, Trusts and Trus- tees, 4459 106 Pa. St., 612, Sales, 4736, 4737 39 Leg. Int., 450, Trusts and Trus- tees, 4453 87 Pa. St., 24, Sales, 4708 6 W., 159, Bills of Review, 495^ 6 Phila., 72, Exemption, 4579 23 W. N., Ill, Coll. Inher. Tax, 4535> 4562 17 W. N., 30, Admrs. andExcrs., 4258 83 Pa. St., 468, Jurisdiction, 3917 43 Pa. St., 155, Sales, 4709, 4736 43 Pa. St., 155, Lien of Dece- dent's Debts, 4926 17 S. & R., 374, Guardian and Ward, 4424 934 TABLE OF CASES. 2 W. N., 409, Guardian and Ward, 4373 22 Pa. St., 514, Admrs. and Excrs., 4321 81 Pa. St., 18, Trusts and Trus- tees, 4450 44 Pa. St., 243, Exemption, 4579 8 Watts, 314, Trusts and Trustees, 4447 loi Pa. St., 273, Admrs. and Excrs., 4033 8 Watts, 403, Admrs. and Excrs., 41 71 26 Pa. St., 502, Admrs. and Excrs., 4187 6 Phila., 551, Admrs. and Excrs., 4194 3 Brews., 314, Advancements, 4627 5 Mass., 312, Bills of Review, 4952 48 Pa. St., 518, Trusts and Trus- tees, 4461 7 Pa. St., 255, Trusts and Trustees, 4446 20 Pa. St., 509, Wills, 3955 87 Pa. St., 274, Partition, 4883 19 Pa. St., 227, Admrs. and Excrs.', 4216 1 W. N., 534, Admrs. and Excrs., 4234 43 Pa. St.,511, Admrs. and Excrs., 4180 Diefenderfer v. Eshleman, 113 Pa. St., 305, Partition, 4883 DiefFendafer, Wyant v., 2 Gr., 334, Trusts and Trustees, 4461 90 Pa. St., 350, Guardian and Ward, 4423 58 Pa. St., 109, Lien of Dece- dent's Debts, 4943 7 W. & S., 401, Trusts and Trus- tees, 4447 7 W. & S., 401, Discharge and Dismissal, 4523 2 Watts, 332, Admrs. and Excrs., 4163 5 Pa. St., 87, Guardian and Ward, 4424 5 Pa. St., 87, Trusts and Trus- tees, 4449 Dill, Comm. v., i Phila., 556, Admrs. and Excrs., 4218 Dennison's Estate, Dent's Appeal, Derbyshire's Estate, Detweiler's Appeal, Devinney v. Norris, Devlin v. Comm. , Devling, Hunt v. , Devling v. Little, Devoe, King v. , Dewees' Estate, Dexter v. Arnold, Dickens, Barton v. , Dickerson's Appeal, Dickes, Vaughan v., Dickinson v. Beyer, Dickinson v. Calahan, Dickson's Estate, Dicky V. Trainer, Diehl, Blauser v.. Diese v. Fackler, Dietrich, Webb v., Dietrich, Webb v. , Dietrick's Appeal, Dietterich v. Heft, Dietterich v. Heft, TABLE OF CASES. 935 Dillebaugh's Estate, Dillebaugh's Estate, Diller v. Young, Dillinger's Appeal, Dilworth v. Sinderling, Dilworth's Appeal, Dimond's Estate, Dingman v. Amsink, Dinsmore v. Davis, Disston's Estate, Ditsche's Estate, Dixcy V. Laning, Dixcy V. Laning, Dobbins v. Stevens, Dobbs, Mehaffy v., Doebler's Estate, Donaldson, Bank v., Donoghue's Estate, Dorety, Lehman v., Dorsey's Appeal, Dougherty, Porter v., Dougherty, Porter v. , Dougherty's Appeal, Dougherty's Estate, Dougherty's Estate, Douglas' Appeal, Douglass V. Lucas, Dowling V. McGregor, 4 Watts, 177, Admrs. and Excrs., 4285 4 W., 177, Trusts and Trustees, 4449> 445o> 4461 2 Yeates, 261, Sales, 474° 35 Pa. St., 357, Exemption, 4580 I Binney, 488, Trusts and Trus- tees, 4458 1 08 Pa. St. , 9 2 , Admrs. and Excrs. ,4281 14 Pa. St., 323, Lien of Dece- dent's Debts, 4932 77 Pa. St., 114, Lien of Dece- dent's Debts, 4935 7 W. N., 295, Costs, 4980 38 Leg. Int., 270, Admrs. and Excrs., 4235 13 Phila., 288, Jurisdiction, 3899 49 Pa. St., 143, Price Act, 4789 49 Pa. St., 143, Conclusiveness of Decrees, 4967 17 S. & R., 13, Trusts and Trus- tees, 4447 9 Watts, 363, Partition, 4843 64 Pa. St., 9, Wills, 3942 7 W. & S., 407, Legacies, 4651 46 Leg. Int., 454, Exemption, 4588 8 Phila., 623, Exemption, 4580 72 Pa. St., 192, Coll. Inher. Tax, 4562 25 Pa. St., 405, Jurisdiction, 3892 25 Pa. St., 405^ Sales, 4680 20 W. N., 29, Trusts and Trus- tees, 4449 15 W. N., 32, Guardian and Ward, 4421, 4424 38 Leg. Int., 214, Admrs. and Excrs., 4272 82 Pa. St., 169, Guardian and Ward, 4429 63 Pa. St., 9, Trusts and Trustees, 4461 91 Pa. St., 410, Lien of Dece- dent's Debts, 4935 936 Downey v. Garard, Downey's Appeal, Downing, Pim v., Downing' s Estate, Downing' s Estate, Doyle, Mullen v., Drake's Estate, Drayton's Appeal, Drayton's Estate, Dreisbach, App v., Dresher v. Water Co., Drinkhouse's Estate, Drinkhouse's Estate, Drum V. Painter, Drynan, Comm. v., Drysdale's Appeal Du Bois' Appeal, Ducommun's Appeal, Duffield, Comm. v., Dufifield, Wallace v., Duffy, Whitby v., Dugan's Estate, Dugan's Estate, Dugan's Estate, DuU's Appeal, TABLE OF CASES. 24 Pa. St., 52 ; 3 Gr., 64; 2 Phila., 213, Trusts and Trus- tees, 446 1 2 Watts, 297, Lien of Decedent's Debts, 4926 11 S. & R., 66, Guardian and Ward, 4423, 4424 5 Watts, 90, Jurisdiction, 3888 5 Watts, 90, Bills of Review, ■ >4956 47 Leg. Int., 48, Trusts and Trus- tees, 4447 1 W. N., 85, Exemption, 45 90 61 Pa. St., 172, Coll. Inher. Tax, 4562 6 Phila., 157, Price Act, 4781 2 Rawle, 287, Conclusiveness of Decrees, 4967 52 Pa. St., 225, Partition, 4900 29 W. N., 35 ; 31 W. N., 38, Admrs. and Excrs., 405 3 30 W. N., 306, Costs, 4982 27 Pa. St., 148, Lien of Dece- dent's Debts, 4933 15 W. N., 223, Guardian and Ward, 4378 14 Pa. St., 531, Trusts and Trus- tees, 4449 121 Pa. St., 368, Coll. Inher. Tax, 4562 17 Pa. St., 268, Admrs. and Excrs., 4297 12 Pa. St., 277, Coll. Inher. Tax, 4562 2 S. & R. , 521, Trusts and Trus- tees, 4461 13s Pa., St., 620, Wills, 3966 15 W. N. , 550, Admrs. and Excre., 4234 15 W. N., 550, Trusts and Trus- tees, 4488 18 W. N., 39, Trusts and Trus- tees, 4449 108 Pa. St., 604, Guardian and Ward, 4349 TABLE OF CASES. 937 Dull's Appeal, Dunbar, McDonald v., Duncan v. Clark, Duncan v. Lawrence, Dundas' Appeal, Dundas' Appeal, Dundas' Appeal, Dundas' Estate, Dundas' Estate, Dunlap's Estate, Dunn V. Truitt, Dunwoodie v. Reed, During' s Appeal, Dutch's Appeal, Duval, Cadbury v., Duval, Cadbury v., Duval's Appeal, Duvall's Estate, Dyott's Estate, Eachus' Appeal, Earnest v. Earnest, Eavenson's Appeal, Ebbs V. Comm., Ebert's Appeal, Ebert's Appeal, Eby's Estate, io8 Pa. St., 604, Partition, 4849 20 W. N., 559, Wills, 3943 7 Watts, 217, Lien of Decedent's Debts, 4922 24 Pa. St., 154, Trusts and Trus- tees, 4449 73 Pa. St., 474, Jurisdiction, 3867 64 Pa. St., 325, Jurisdiction, 3879 64 Pa. St., 325 ; 7 Phila., 518, Trusts and Trustees, 4449 43 Leg. Int., 194, Admrs. and Excrs., 4142, 4268 16 W. N., 458, Trusts and Trus- tees, 4447 9 W. N., 349, Trusts and Trus- tees, 4452 8 Phila., 27, Trusts and Trustees, 4461 3 S. & R., 435, Wills, 3943, 3953 13 Pa. St., 224, Trusts and Trus- tees, 4450 57 Pa. St., 461, Advancements, 4616, 4621, 4634 10 Pa. St., 265, Trusts and Trus- tees, 4447 10 Pa. St., 265, Lien of Dece- dent's Debts, 4929 38 Pa. St., 112, Trusts and Trus- tees, 4452 146 Pa. St., 176, Legacies, 4647 2 W. & S., 557, Trusts and Trus- tees, 4449, 4458 91 Pa. St., 105, Wills, 3955 5 Rawle, 213, Advancements, 4616, 4632 84 Pa. St., 172, Legacies, 4650 11 Pa. St., 374, Partition, 4868, 4869 9 Watts, 300, Jurisdiction, 3844 9 Watts, 300, Trusts and Trustees, 4468 2 Dist. Rep., 328, Trusts and Trustees, 445 8 938 TABLE OF CASES. Eckert, Comm. v., Eckhart, Meiser v., Eddy, Lewis v., Eddy's Estate, Edwards' Appeal, Edwards' Estate, Edwards v. Hoopes, Eell's Appeal, Ege, Hitner v., Ege, Miller v., Eichbauin, Warden v., Eichelberger v. Barnitz, Eichelberger v. Morris, Eichelberger v. Smyser, Eichelberger v. Smyser, Eichelberger' s Appeal, Eichelberger's Estate, Eichelberger' s Estate, Eichhorn's Estate, S3 Pa. St., I02, Coll. Inher. Tax, 4562 19 Pa. St., 201, Admrs. and Excrs., 41 6 1 6 W. N., 451, Guardian and Ward, 4424 5 W. N., 568; 35 Leg. Int., 234, Sales, 4706, 4708 108 Pa. St., 283, Wills, 3949 5 W. N., 431, Discharge and Dis- missal, 4521 2 Whar., 420, Admrs. and Excrs., 4168 6 Pa. St., 457, Partition, 4807 23 Pa. St., 305, Partition, 4823 8 Pa. St., 352, Trusts and Trus- tees, 4446 14 Pa. St., 121 Lien of Decedent's Debts, 4932 9 Watts, 447, Wills, 3955 6 Watts, 42, Admrs. and Excrs., 4277 8 Watts, 181, Conclusiveness of Decrees, 4962 8 Watts, 183, Execution, 5017 4 Watts, 84, Guardian and Ward, 4423 13s Pa. St., 160, Wills, 3945 135 Pa. St., 160, Advancements, 4622 24 W. N., 364; 19 Phila., 206, Admrs. and Excrs., 4^45 4 Watts, 134, Adrars. and Excrs., 4158 Eisenbise v. Eisenbise, Ellenberger's Excrs., Trevor's Admrs. v., 2 P. & W., 94, Lien of Decedent's Debts, 4922 2 W. & S., 418, Wills, 3949 2 Pa. St., 62, Trusts and Trustees, 4449 8 W. & S., 38, Wills, 3942 2 Dist. Rep., 382, Admrs. and Excrs., 4059 4 Watts, 34, Admrs. and Excrs., 4051, 4059, 4109 10 Wheat., 152, Trusts and Trus- tees, 446 I J! Ellet V. Paxson, Elliott, Altimus v., Elliott V. Pearsoll, Elliott's Estate, Ellmaker's Estate, Elmendorf ?'. Taylor, TABLE OF CASES. 939 Emerets' Estate, Emlens' Estate, Emlens' Estate, Eneu, Schafer v., Englert, Koelle v., English V. Harvey, English V. Harvey, English's Estate, Excrs., Erb V. Erb, 9 W. & S., 147, Sales, Erb V. Erb, 9 W. & S., 147, Partition, Erie, Rail Road Co. v., i Grant, 211, Partition, Eshelman, Diefenderfer z^. , 113 Pa. St., 305, Partition, 2 Parsons, 195, Admrs. and Excrs., 4168 8 C. C, 508 ; 47 Leg. Int., 318, Trusts and Trustees, 4459 8 C. C, 508; 26 W. N., 341, Trusts and Trustees, 4490 54 Pa. St., 304, Wills, 3949 12 Phila. , 517, Trusts and Trus- tees, 4459 2 Rawle, 305, Admrs. and Excrs., 4291 2 Rawle, 305, Legacies, 16 W. N., 511, Admrs. and Esher v. Fulmer, Eshleman v. Bolenius, Eshleman's Appeal, Eshleman's Appeal, Estates, Esterly's Appeal, Esterly's Appeal, Etter V. Greenawalt, Evans, Berrington v., Evans, Coram, v., Evans, McClure v., Evans' Appeal, Evans, Brace v., Evans' Estate, Evans' Estate, Evans' Estate, 4647 4263 4736 4916 4807 4883 4194 2 Miles, 463, Admrs. and Excrs 144 Pa. St., 269, Admrs. and Excrs., 4280 74 Pa. St., 42, Trusts and Trustees, 4452 74 Pa. St., 42, Advancements, 4632 See proper names. 109 Pa. St., 222, Trusts and Trustees, 4444 109 Pa. St., 222, Partition, 4916 98 Pa. St., 422, Legacies, 4653 I You. & C, 434, Trusts and Trustees, 446 1 I Watts, 437, Admrs. and Excrs., 4218 29 Beav., 422, Advancements, 4630 81 Pa. St., 278, Trusts and. Trus- tees, 4461 36 P. L. J., 88, Costs, 4985 II Phila., 113, Admrs. and Excrs., 4225 II Phila., 113; 33 Leg. Int., 45, Admrs. and Excrs., 4291 II Phila., 113, Trusts and Trus- tees, 4458 940 TABLE OF CASES. Evans' Estate, Evans v. Evans, a Ash., 470, Trasts and Trustees, 4459 29 Pa. St., 277, Jurisdiction, 3881 3946 107 Pa. St., 231, Partition, 4881 107 Pa. St., 231, Partition, 4846 9S. &R., 252, Admrs. andExcrs., 4190 43 Law Jour. Rep. (Privy Coun- cil), 58; L. R. (6 Privy Council Appeals), i. Wills, 3965 31 Pa. St., II, Partition, 4882 25 Pa. St., 213, Jurisdiction, 3849 30 Pa. St., 75, Jurisdiction, 3891 30 Pa. St., 75, Admrs. andExcrs., 4257 Ewing, Sergeant's Heirs z)., 36 Pa. St., 156, Lien of Dece- dent's Debts, 4932 See proper names. 13 Pa. St., 488, Trusts and Trus- tees, 4444 16 Pa. St., 372, Guardian and Ward, 4424 16 Pa. St., 372, Trusts and Trus- tees, 4449, 4450 5 Watts, 132, Admrs. and Excrs., 4046, 4109 58 Pa. St., 109, Lien of Dece- dent's Debts, 4943 104 Pa. St., 46, Trusts and Trus- tees, 4449 I Dist. Rep., 672, Guardian and Ward, 4426 I W. N., 15, Jurisdiction, 3912 4 W. N., 383, Exemption, 4584 I Woodward, 213, Sales, 4710 3 P. & W., 505, Partition, 4803 134 Pa. St., 517, Admrs. and Excrs., 4222 36 I-eg. Int., 460, Admrs. and Excrs., 4226 137 Pa. St., 595, Coll. Inher. Tax, 4562 I Rawle, 294, Legacies, 4661 Evans (Lessee of) v. Davis, i Yeates, 332, Wills, Evans v. Ross, Evans v. Shearer, Evans v. Tatem, Evanturel v. Evanturel, Everly, Poundstone v., Ewing, Ashford v., Ewing, Sergeant v., Ewing, Sergeant v., Ex Parte, Eyrick v. Hetrick, Eyster's Appeal, Eyster's Appeal, Eyster's Estate, Fackler, Diese v., Fahnstock's Appeal, Falconer's Estate, Farrell's Estate, Farrell's Estate, Fasig's Estate, Feather v. Strohoecker, Fehlinger v. Wood, Fell's Estate, Ferguson, Comm. v., Ferguson, Otty v.. TABLE or CASES. Ferree v. Comm., Ferree, Cresson v., Fesmire v. Shannon, Fetrow's Estate, Fetterman v. Murphy, Fidelity Co., Shake- speare V. , Fidehty Co., Shake- speare v.. Fidelity Co., Swain v., Fidehty Co.'s Appeal, Fidehty Co.'s Appeal, Fidelity Co.'s Appeal, Fidelity Trust Co.'s Appeal, Fidler v. Lash, Field's Appeal, Fields, Moore v., Fifield, Twigg v., Findlay (Lessee of) v. Riddle, Findlay, Stump v.. Fink's Appeal, Finney v. Cochran, Finney's Appeal, Fishburn's Appeal, Fishel 71. Fishel, Fisher, Norris v., Fisher, Oeslager v., Fisher, Seitzinger v. , 941 4916 8 S. & R., 312, Partition, 70 Pa. St., 447, Discharge and Dismissal, 4501 143 Pa. St., 201 ; 29 W. N., 37, Admrs. and Excrs., 4187 58 Pa. St., 424, Wills, 3947 4 Watts, 424, Lien of Decedent's Debts, 4926 8 W. N., 92 ; 97 Pa. St., 173, Admrs. and Excrs., 4063 97 Pa. St., 173, Coll. Inher. Tax, 4562 54 Pa. St., 455, Partition, 4823 5 W. N. , 512, Wills, 3962 10 W. N. , 114, Guardian and Ward, 4426 19 W. N., 114, Bills of Review, 4955 99 Pa. St., 443, Admrs. and Excrs., 4266 23 W. N. , 449, Admrs. and Excrs., 4170 36 Pa. St., II, Legacies, 4651, 4655 42 Pa. St., 467, Admrs. and Excrs., 4190 13 Vesey, 517, Sales, 4736 3 Binney, 139, Wills, 3947 2 Rawle, 168, Wills, 3947 47 Leg. Int., 424, Partition, 4812 1 W.& S., 1 1 2,Trusts and Trustees, 4461 113 Pa. St., II, Exemption, 4581 10 W. N., 489, Legacies, 4651 7 Watts, 44, Admrs. and Excrs., 4277 2 Ash., 411, Guardian and Ward, 4420 2 Pa. St., 467, Trusts and Trus- tees, 4447 I W. & S., 293, Lien of Dece- dent's Debts, 4922 942 TABLE OF CASES, Fishmonger's Co., Attor- ney-General v., Fisk V. Sarber, Filler's Appeal, Fitzimmon's Appeal, 5 Myl. & Cr., i6; zBeav., 588, Trusts and Trustees, 4461 6 W. & S., 18, Trusts and Trus- tees, 4447 10 W. N., 429, Wills, 3949 40 Pa. St., 422, Sales, 4709, 4733 Fitzsimmons, Richter z'. , 4 Watts, 251, Conclusiveness of Decrees, 4967 Flade's Estate, 40 Leg. Int., 131, Guardian and Ward, 4401 Fleming's Appeal, 5 Phila., 351, Advancements, 4634 Fleurie, Bender v., 2 Grant., 345, Wills, 3944 Flintham's Appeal, 11 S. & R., 16, Admrs. and Excrs., 4260, 4291 Fogelsonger v. Somerville, 6 S. & R., 267, Partition, 4846 Fogelsonger v. Somerville, 6 S. & R., 267, Conclusiveness of Decrees, 4966 68 Pa. St., 482, Conclusiveness of Decrees, 4967 6 Pa. St., 296, Trusts and Trus- tees, 4446 55 Pa. St., 428, Guardian and Ward, 4422 2 W. N., 113, Advancements, 4629 3 W. & S., 353, Admrs. and Excrs., 4095 2 Penny., 238, Coll. Inher. Tax, 4562 35 Pa. St., 148, Admrs. and Excrs., 4061 19 Vesey, Jr., 180, Trusts and Trustees, 4461 11 Atlan. Rep., 674, Wills, 3949 87 Pa. St., 67, Wills, 3986 87 Pa. St., 67, Admrs. and Excrs., 4069 4 W. N., 75, Exemption, 4579 2 Watts, 209, Admrs. and Excis., 4183 2 Watts, 209, Trusts and Trustees, 4461 8 W. N., 146, Sales, 4709 Folmar's Appeal, Folmer, Wilhelm v., Foltz's Appeal, Ford's Estate, Forney, Comm. v., Fosselman's Appeal, Foster v. Comm., Foster v. Hodgson, Foster v. McKenna, Foster's Appeal, Foster's Appeal, Foster's Estate, Foulk V. Brown, Foulk V. Brown, Fowler v. Fuller, TABLE OF CASES. Fowler's Appeal, Fow's Estate, Fow's Estate, Fox V. Cash, Fox V. Lyon, Fox, Warfield v., Fox V. Weckerly, Fox V. Wilcocks, Fox's Appeal, Frances' Estate, Frank, Breneman v., Frankenfield's Appeal, Franklin, Kean v., Frank's Appeal, Frank's Estate, Franks v. GrofF, Freedley, Comm. v., Freeman's Appeal, Freeman's Appeal, Freeman's Estate, Freno's Estate, Fretz, Comm. v., Fretz's Appeal, Frey v. Klebe, Frey's Appeal, 943 3943 23 W. N., 500, Wills, 48 Leg. Int., 176, Admrs. and Excrs., 4237 30 W. N., 418, Costs, 4982 II Pa. St., 207, Trusts and Trus- tees, 446 1 33 Pa. St., 474, Trusts and Trus- tees, 4461 53 Pa. St., 382, Conclusiveness of Decrees, 4967 1 Phila., 320, Trusts and Trustees, 4458 I Binney, 194, Admrs. and Excrs., 4291 125 Pa. St., 518, Admrs. and Excrs., 43°3 16 W. N., 351, Admrs. and Excrs., 4188 28 Pa. St., 475, Admrs. and Excrs. , 4291 II W. N., 373, Trusts and Trus- tees, 4449 5 S. & R., 147, Partition, 4871 59 Pa. St., 190, Trusts and Trus- tees, 4447 28 W. N., 323, Coll. Inher. Tax, 4562 14 S. & R. , 181, Conclusiveness of Decrees, 4964 2 1 Pa. St., 33, Coll. Inher. Tax, 4562 68 Pa. St., 151, Jurisdiction, 3850, 3916 68 Pa. St., 151, Admrs. and Excrs., 4321 2 W. N., 264, Trusts and Trus- tees, 4452 I W. N. , 270, Sales, 4709 4 Pa. St., 344, Admrs. and Excrs., 4218 4 W. & S., 433, Jurisdiction, 3896 36 Leg. Int., 114, Conclusiveness of Decrees, 4967 8 Atlan. Rep., 585, Price Act., 4788 944 Frey's Estate, TABLE OF CASES. 29 Leg. Int., 324, Trusts and Trustees, 4446 4 W. &S., 357, Wills, 3998 10 W. N. , 50, Trusts and Trus- tees, 446 1 38 Leg. Int., 139, Trusts and Trus- tees, 4461 114 Pa. St., 29, Admrs. and Excrs., 4058, 4060 5 W. N., 405, Guardian and Ward, 4420 5 S. & R., 220, Lien of Dece- dent's Debts, 4938 Froelich, Gochenauer v., 8 Watts, 19, Trusts and Trustees, 4449 Fromberger v. Greiner, 5 Wh., 350, Jurisdiction, 3^54 105 Pa. St., 258, Admrs. and Excrs., 4169, 4226 105 Pa. St., 258, Trusts and Trus- tees, 4452 17 S. & R., 426, Admrs. and Excrs., 4188 12 W. N., 408, Admrs. and Excrs., 4234 17 S. & R., 121, Lien of Dece- cedent's Debts, 4926 1 W. N., 270, Guardian and Ward, 4370 131 Pa. St., 256, Wills, 3942 8 W. N., 146, Sales, 4709 98 Pa. St., 534, Guardian and Ward, 4424 4 W. N., 495, Trusts and Trus- tees, 4444, 4485 49 Pa. St., 160, Admrs. and Excrs., 41 7 1 49 Pa. St., 155, Lien of Dece- dent's Debts, 4926, 4943 2 Miles, 463, Admrs. and Excrs., 4194 3 Grant, 18, Admrs. and Excrs., 4170 153 Pa. St., 345, Admrs. and Excrs., 4232 Frick, Boyer v., Fricke v. Magee, Fricke v. Magee, Frick's Appeal, Friedlinger's Estate, Fries v. Watson, Fross' Appeal, Fross' Appeal, Fry, Martin v.. Fryer's Estate, Fryhoffer v. Busby, Fry's Estate, Fuhs, Carson v.. Fuller, Fowler v.. Fuller's Appeal, Fuller's Estate, Fulmer, Bennett v. , Fulmer, Bennett v., Fulmer, Esher v., Fulmer, Moody v., Fund Society, Sibbs v. TABLE OF CASES. 945 Furney's Appeal, Fyock's Estate, Fyson v. Pole, Gable's Appeal, Gable's Appeal, Galbraith v. Comm., Galbraith v. Galbraith, Galbraith v. Green, Gallagher, Otterson v., Gallagher, Otterson v., Gallagher's Appeal, Gallagher's Appeal, Gallaher v. Collins, Gallen's Estate, Galloney's Appeal, Garard, Downey v., Garber v. Comm., Garber v. Comm., Gardner, Leshy v., Garrett's Appeal, Garrett's Estate, Gaston, Wilson v., Gaston, Wilson v., Gaul's Estate. Gaul's Estate, 12 W. N. , 82, Guardian and Ward, 4421 135 Pa. St., 522, Admrs. and Excrs., 4053 3 Yau. & C, 266; 3 Jur., 122, Trusts and Trustees, 44^i 36 Pa. St., 395 ; 40 Pa. St., 231, Admrs. and Excrs., 43°S 36 Pa. St., 395, Trusts and Trus- tees, 4452 14 Pa. St., 258, Coll. Inher. Tax, 4562 6 Watts, 112, Partition, 4867 13 S. & R., 85, Jurisdiction, 3881 88 Pa. St., 355, Jurisdiction, 3852 88 Pa. St., 355, Conclusiveness of Decrees, 4967 89 Pa. St., 29, Admrs. and Excrs. , 4317 48 Pa. St., 121, Legacies, 4648 7 Watts, 552, Conclusiveness of Decrees, 4967 26 W. N., 308, Admrs. and Excrs., 4256 6 Pa. St., 37, Jurisdiction, 3899 24 Pa. St., 52; 3 Grant, 64; 2 Phila., 213, Trusts and Trus- tees, 4461 7 Pa. St., 265, Jurisdiction, 3889 7 Pa. St., 265, Conclusiveness of Decrees, 4969 3 W. &S., 314, Sales, 4736 15 Pa. St., 212, Advancements, 4631 14 W. N., 310, Exemption, 4579 38 Leg. Int., 43, Admrs. and Excrs., 4108 38 Leg. Int., 43 ; 92 Pa. St., 207, Conclusiveness of Decrees, 4967 12 Phila., 13, Trusts and Trus- tees, 4444 9 Phila., 330; 80 Pa. St., 348, Trusts and Trustees, 4479 946 TABLE OF CASES. Gaw's Estate, Geddis v. Irvine, Geddis, McFadden v., Gees V. Shannon, Geiger, Hill v. , Geiger's Appeal, Geiger's Appeal, Geiger's Estate, Gelbach's Appeal, Gelbach's Appeal, Gemmill v. Butler, George v. Morgan, Gernet et al. v. Lynn et al. , Gest, Way v. , Gethen, Mcllvaine v., Getts, £x Parte, Getz's Estate; Gibbins v. Caunt, Gibbon's Estate, Gibson's Appeal, Gidding's Appeal, Giffin's Estate, Giffin's Estate, Gilbert's Appeal, Gilbert's Appeal, Gilbert's Appeal, Gilbert v. Grim, Giles, Seiders v., Gilleland v. Bredin, 34 Leg. Int. , 66, Trusts and Trus- tees, 4449 5 Pa. St., 508, Trusts and Trus- tees, 4459 17 S. & R. , 336, Conclusiveness of Decrees, 4967 2 W. , 71, Admrs. and Excrs., 41 71 7 W. & S., 273, Partition, 4871 24 W. N., 264, Admrs. and Excrs. , 4303 24 W. N., 264, Trusts and Trus- tees, 4457 12 W. N. , 439, Admrs. and Excrs., 4260 8 S. & R. , 205, Guardian and Ward, 4425 8 S. & R., 205, Partition, 4872 4 Pa. St., 233, Admrs. and Excrs., 4158 16 Pa. St., 95, Wills, 3944 31 Pa. St., 94, Wills, 3949 14 S. & R., 40, Wills, 3947 3 Whar., 575, Wills, 3966 2 Ash., 441, Guardian and Ward, 4426 6 W. N. , 417, Admrs. and Excrs., 4268 4 Vesey, 840, Advancements, 4633 13 W. N., 99, Coll. Inher. Tax, 4563 25 Pa. St., 191, Jurisdiction, 3867 *8i Pa. St., 72, Partition, 4880 33 P- L. J., 310, Jurisdiction, 3895 138 Pa. St., 327, Wills, 3949 78 Pa. St., 266, Admrs. and Excrs., 4289 78 Pa. St., 266, Trusts and Trus- tees, 4447 85 Pa. St., 347, Legacies, 4651, 4652 I W. N., 306, Trusts and Trus- tees, 4459 141 Pa. St., 93, Partition, 4807 63 Pa. St., 393, Jurisdiction, 3867 Gillespie v. City, Gillespie's Estate, Gillespie's Estate, Gillmore's Estate, Gilmore v. Rodgers, Gilmore v. Rodgers, Gilson, Comm. v., Gilson, Reber v. , Gilson' s Estate, TABLE OF CASES. 947 27 W. N., 545, Trusts and Trus- tees, 4461 46 Leg. Int., 444, Advancements, 4620 10 Watts, 300, Sales, 4735 31 P. L. J., 113, Coll. Inher. Tax, 4562 41 Pa. St., 128, Price Act, 4781, 4788 41 Pa. St., 120, Conclusiveness of Decrees, 4967 8 W., 214, Admrs. and Excrs., 4221 I Pa. St., 54, Admrs. and Excrs., 4187 18 W. N., 570, Trusts and Trus- tees, 4454, 4455 Girard Bank v. Bank of Penn Township, 39 Pa. St., 92, Trusts and Trus- tees, 4461 45 Pa. St., 9, Wills, 3957 13 W. N., 367, Admrs. and Excrs., 4173 4 Penny., 347, Wills, 3957 46 Pa. St., 297, Exemption, 4588 III Pa. St., 287, Wills, 3964 Gochenauer v. Froelich, 8 Watts, 19, Trusts and Trustees, 4449 Gochenaur's Estate, 23 Pa. St., 460, Jurisdiction, 3849 *8i Pa. St., 283, Trusts and Trus- tees, 4446 loi Pa. St., 605, Admrs. and Excrs., 4288 37 Leg. Int., 465, Price Act, 4784 9 W. N., 276, Execution, 499° 14 W. N., 176, Coll. Inher. Tax, 4562 7 Watts, 19s, Partition, 4870 95 Pa. St., 25, Trusts and Trus- tees, 4444 107 Pa. St., 123, Partition, 4848 25 Leg. Int., 380, Trusts and Trustees, 4459 Girard, City v. , Girard Co.'s Appeal, Girard Co.'s Appeal, Gleason, Burk v., Glunt, Hopkins v., Goehring's Appeal, Golden, Mosgrove v., Goldsmith's Estate, Goldsmith's Estate, Goldstein's Estate, Good V. Good, Good, Shillington v., Goodyear, Gutshall v., Gordon, Church z/.. Gossar, Walthaur's Heirs v. , 32 Pa. St. , 259, Lien of Decedent's Debts, 4932 948 TABLE OF CASES. Gould, Kenyon v. , Gould's Estate, Gourley v. Kinley, Gourley, Linsenbigler v., Gourley, Linsenbigler v., Gowen, Cochran v., Grace v. Kinsey, Grace v. Sutton, Graeme v. Harris, Graeme v. Harris, Graham, McCracken v., Graham, Park v., Graham's Estate, Graham's Estate, Graham's Estate, Graham's Estate, Gratz, Provost v. , Gravenstine's Appeal, Graver's Appeal, Graves' Estate, Gray's Appeal, Gray's Appeal, Gready's Estate, Gready's Estate, Green, Cornell v. , Green, Galbraith v. , Green v. Howell, Greenawalt, Etter v., Greenough p. Patton, 6i Pa. St., 292, Execution, 5002 46 Leg. Int., 179, Jurisdiction, 3922 66 Pa. St., 270, Jurisdiction, 3881 56 Pa. St., 166, Jurisdiction, 3849 56 Pa. St., 170, Admrs. and Excrs., 4168 9 Phila., 299, Execution, 4990 4 W. N., 208, Sales, 4710, 4731 5 Watts, 540, Admrs. and Excrs., 41 71 I Dallas, 456, Wills, 3984 I Dallas, 456, Admrs. and Excrs., 4068, 4190 14 Pa. St., 209, Execution, 5018 4 S. & R., 549, Trusts and Trus- tees, 4459 14 W. N., 31, Guardian and Ward, 4368 14 W. N., 31, Price Act, 4783 14 W. N., 31, Partition, 4817 1 Del. Co. Rep., 393, Costs, 4980 6 Wheat., 481, Trusts and Trus- tees, 4461 2 Penny., 61, Jurisdiction, 3901 50 Pa. St., 189, Trusts and Trust- tees, 4450 134 Pa. St., 377, Exemption, 4579. 4591 116 Pa. St., 256, Admrs. and Excrs., 4160 96 Pa. St., 243, Guardian and Ward, 4427 14 Phila., 259, Discharge and Dis- missal, 4506 14 Phila., 2^9, Bills of Review, 4956 10 S. &R. , 14, Admrs. and Excrs. , 4161 13 S. & R., 85, Jurisdiction, 3881 6 W. & S., 203, Advancements, 4629 98 Pa. St., 422, Legacies, 4^53 7 Watts, 336, Lien of Decedent's Debts, 4926 TABLE OF CASES, v 949 Greenough v. Small, Green's Estate, Green's Estate, Green tree's Estate, Greenwood's Appeal, Gregg, Phillips v. , Gregg's Appeal, Gregor v. Motesworth, Greiner, Fromberger v. Greiner's Appeal, Greiner' s Estate, Greiner's Estate, Grenawalt's Appeal, Gress' Appeal, Gress' Appeal, Grier's Appeal, Grier's Appeal, Griffin, Brown v., Griffin, Brown v., Griffith's Estate, Grigg's Estate, Grim v. Carr, Grim, Gilbert v., Grim, Smith v., Grim's Appeal, 47 Leg. Int., 454, Sales, 4736 3 Brews., 427, Guardian and Ward, 4423 3 Brews., 427, Discharge and Dis- missal, 4521 3 W. N., 519, Discharge and Dis- missal, 4521 92 Pa. St., 181, Trusts and Trus- tees, 4450 10 Watts, 158, Advancements, 4621, 4628 ib Pa. St., 148, Partition, 4866, 4895 2 Vesey, 109, Trusts and Trus- tees, 4461 , S Wh., 350, Jurisdiction, 3854 103 Pa. St., 89, Advancements, 4633 2 W. N., 292, Admrs. and Excrs., 4235 2 Watts, 414, Admrs. and Excrs., 4324 37 Pa. St., 95, Price Act, 4781, 4788 14 Pa. St., 463, Guardian and Ward, 4426 14 Pa. St., 463, Bills of Review, 4955 10 1 Pa. St., 415, Guardian and Ward, 4425 loi Pa. St., 412, Price Act, 4782 13 W. N. , 91, Trusts and Trus- tees, 4444. 4485 14 W. N., 358, Trusts and Trus- tees, 4468 48 Leg. Int., 24, Trusts and Trus- tees, 4489 11 Phila., 23, Jurisdiction, 3856 31 Pa. St., 533, Admrs. and Excrs., 4217 I W. N., 306, Trusts and Trus- tees, 4459 26 Pa. St., 95, Lien of Decedent's Debts, 4933 105 Pa. St., 375, Admrs. and Excrs., 41 7 1) 4269 95° Grim's Appeal, Grim's Appeal, Grim's Appeal, Grimm's Estate, Grindrod's Estate, Grindrod's Estate, Groft", Franks v., Groff 's Appeal, Gross, Melsheimer v., Gross' Estate, Grover v. Boon, Grove's Appeal, Grove's Estate, Groves, Strickler v. , Grubb's Appeal, Gruver, Solliday v., Guenther's Appeal, Guillou V. Peterson, Guldin's Estate, Guldin's Estate, Gump's Estate, Guthrie's Appeal, Gutshall v. Goodyear, Gyger's Appeal, Gyger's Estate, Haage's Appeal, Haberman's Appeal, Hackadorn's Appeal, TABLE OF CASES. 109 Pa. St., 392, Admrs. and Excrs., 4319 105 Pa. St., 375, x\dvancements, 4629 89 Pa. St., 333, Legacies, 4666 131 Pa. St., 199, Exemption, 4580 140 Pa. St., 161, Sales, 4737 140 Pa. St., 161, Price Act, 4788 14 S. & R., 181, Conclusiveness of Decrees, 4964 3 Pennypacker, 245, Admrs. and Excrs.s 4303 58 Pa. St., 412, Wills, 3947 20 W. N., 87, Trusts and Trus- tees, 4489 124 Pa. St., 399, Lien of Dece- dent's Debts, 4933, 4939 103 Pa. St., 563, Jurisdiction, 3849 5 C. C, 498, Exemption, 4580 5 Wharton, 386, Wills, 3999 82 Pa. St., 29, Partition, 4917 7 Pa. St., 452, Legacies, 4651 4 W. N., 41, Admrs. and Excrs., 4318 89 Pa. St., 163, Trusts and Trus- tees, 4449 *8i Pa. St., 362, Admrs. and Excrs., 4054 2 W. N. , 527, Admrs. and Excrs., 4059 13 Phila., 495, Trusts and Trus- tees, 4452 37 Pa. St., 9, Wills, 3941, 3949 107 Pa. St., 123, Partition, 4848 74 Pa. St., 42, Advancements, 4632 65 Pa. St., 313, Admrs. and Excrs., 4054 17 Pa. St., 181, Admrs. and Excrs. 4297 loi Pa. St., 329, Admrs. and Excrs., 4281 II Pa. St., 86, Legacies, 4652 TABLE OF CASES. 951 Hackett v. Comm., Hackney v. Tracy, Haddock's Appeal, Haddock's Estate, Hagarty v. Morris, Halbe's Estate, 102 Pa. St., 505, Coll. Inher. Tax, 4562 137 Pa. St., 53, Wills, 3955 28 Pa. St., 63, Guardian and Ward, 4420 18 W. N., 243, Legacies, 4647 2 W. N., 154, Admrs. and Excrs., 4217 48 Leg. Int., 86, Exemption, 4579 Haldeman v. Haldeman, 40 Pa. St., 29, Wills, 3948 Hall V. Benner, Hall, Callaghan v. , Hall, Callaghan v., Hall V. Wiggins, Hallman's Estate, Halloway's Appeal, Hall's Appeal, Hall's Appeal, Halsam's Estate, Hamaker's Estate, I Penna. Rep., 402, Sales, 4736 I S. & R., 241, Admrs. and Excrs., 4290 I S. & R., 241, Trusts and Trus- tees, 445 2 15 W. N. , 112, Lien of Decedent's Debts, 4936 13 Phila., 562, Trusts and Trus- tees, 4447 3 W. N. , 556, Discharge and Dis- missal, 4521 40 Pa. St., 409, Trusts and Trus- tees, 4448 I Penny., 223, Lien of Decedent's Debts, 4933, 4942 4 W. N. , 526, Admrs. and Excrs., 4170 5 Watts, 204, Admrs. and Excrs., 4232 Hamburg Bank's Appeal, 19 W. N., 177, Jurisdiction, 3929 Hamersley ». Smith, 4 Wh., 126, Wills, 3959 30 Leg. Int., 137, Admrs. and Excrs., 4310 18 Pa. St., 20, Trusts and Trus- tees, 4461 6 S. & R., 208, Admrs. and Excrs., 4193 27 Pa. St., 137, Trusts and Trus- tees, 4447 27 Pa. St., 137, Lien of Decedent's Debts, 4942 12 Pa. St., 147, Jurisdiction, 3867 2 Watts, 53, Lien of Decedent's Debts, 4922 Hamill's Estate, Hamilton v. Hamilton, Hamilton, Irwin v., Hamilton, Meanor v. , Hamilton, Meanor v. , Hamilton v. Overseers, Hamilton, Penn. v., 952 TABLE OF CASES. Hamilton's Estate, Hamilton's Estate, Hammett's Appeal, Hampton's Case, Hanbest's Appeal, Hanbest's Estate, Hanbest's Estate, Hanbest's Estate, Hanna v. Meconkey, Hannam's Appeal, Hannum's Appeal, Hannum's Appeal, Hanson v. Bank, Hantz, Comm. v., Harbaugh, Rowland v., Harbaugh, Rowland v., Harberger's Appeal, Harberger's Appeal, Harbster's Appeal, ' Harbster's Estate, Hare v. Mallock, Harland's Accounts, Harland's Accounts, Harley's Appeal, Harmony, Blocher v. Harris' Appeal, Harris' Estate, Harris, Graeme v.. 74 Pa. St., 69, Wills, 3935 4 W. N. , 204, Execution, 4993 83 Pa. St., 392, Jurisdiction, 3849 17 S. & R., 144, Guardian and Ward, 4423 92 Pa. St., 482, Admrs. and Excrs., 4261 4 W. N., 402, Admrs. and Excrs., 4240 3 W. N. 520, Admrs. and Excrs., 4256 1 W. N., 333, Guardian and Ward, 4427 II Phila., 549, Trusts and Trus- tees, 4461 2 Penny., 107, Trusts and Trus- tees, 4447 2 Penny., 103, Jurisdiction, 3880 2 Penny. , 103, Sales, 4737 7 Pa. St., 261, Execution, 5017 2 P. & W., 333, Guardian and Ward, 4423 5 Watts, 365, Lien of Decedent's Debts, 4942 5 Watts, 365, Execution, 5022 98 Pa. St., 29, Jurisdiction, 3884 98 Pa. St., 29, Discharge and Dismissal, 45 30 125 Pa. St., I, Trusts and Trus- tees, 4452 133 Pa. St., 351, Wills, 3949 I Miles, 268, Lien of Decedent's Debts, 4933 5 Rawle, 323, Guardian and Ward, 4401, 4422, 4423 5 Rawle, 323, Trusts and Trustees, 4452 I Phila., 511, Admrs. and Excrs., '43 18 1 S. & R., 460, Partition, 4846 2 Grant, 304, Advancements, 4620, 4624 19 Phila., 322, Admrs. andExcis., 4051 I Dallas, 456, Wills, 39^4 TABLE OF CASES. 953 I Dallas, 456, Admrs. and Excrs. , 4068, 4190 70 Pa. St., 170, Trusts and Trus- tees, 4461 45 Pa. St., 216, Wills, 3949 84 Pa. St., 380, Jurisdiction, 3918 20 Pa. St., 299, Trusts and Trus- tees, 4461 142 Pa. St., 432, Wills, 3947, 3955 20 Pa. St., 248, Legacies, 4651 23 Pa. St., 43, Execution, 5015 23 Pa. St., 39, Jurisdiction, Harris, Graeme v., Harris v. Harris, Harris v. McElroy, Harrisburg Nat. Bank's Appeal, Harrison v. Brolaskey, Harrower, Parkhurst v., Hart V. Homiller, Hart V. Homiller, Hart V. Homiller' s Exec- utor, Hart V. Homiller' s Exec- utor, Hartman v. Comm., Hartman v. Ogborn, Hartman' s Appeal, Hartman's Appeal, Hartman's Appeal, Hartzell v. Comm., Hartzell v. Comm., Harvey, English v., Harvey, English v., Hasbrouck, Horner v. , Hasell £x Parte, Haslage v. Krugh, Haslage's Appeal, Hassanclever v. Tucker, 2 Binn., 525, Legacies, Hassanclever, Tucker z/., 3 Yeates, 294 ; Legacies, 3867 23 Pa. St., 39, Legacies, 4651, 4652, 4654. 4657, 4660 13 Atlan. Rep., 780, Guardian and Ward, 4436 54 Pa. St., 120, Lien of Dece- dent's Debts, 4933 90 Pa. St., 203, Admrs. and Excrs., 4234 90 Pa. St., 203, Trusts and Trus- tees, 4488 21 Pa. St., 488, Partition, 4864 42 Pa. St., 453, Admrs. and Excrs., 42 2 T 42 Pa. St., 453, Conclusiveness of Decrees, 4967 2 Rawle, 305, Admrs. and Excrs., 4291 2 Rawle, 305, Legacies, 4647 41 Pa. St., 169, Lien of Dece- dent's Debts, 4926 3 You. & C, 617 ; 3 Jur., iioi. Trusts and Trustees, 4461 25 Pa. St., 97, Admrs. and Excrs., 4169 37 Pa. St., 440, Sales, 4737 4648 4648 954 Hassinger's Appeal, Hassler v. Bitting, Hasting's Estate, Hatch's Appeal, Hatz's Appeal, Haus V. Palmer, Haverstock v. Sarbach, Haviland v. Trust Co. , Haviland's Appeal, Haworth's Appeal, Hawk, Bassett v., Hawkin's Appeal, Hay V. Martin, Hayden v. Mentzer, Hay's Appeal, Hay's Appeal, Hays, Bank v., Hay's Estate, Hay's Estate, Headley v. Renner, Heager's Accounts, Heame, Comm. v., Heaton v. Phillips, Heck V. Clippenger, Heckert's Appeal, TABLE OF CASES. lo Pa. St., 454, Admrs. and Excrs., 4051 40 Pa. St., 68, Trusts and Trus- tees, 4461 4 Clark, 471, Trusts and Trustees, 4450 12 Atlan. Rep., 593, Trusts and Trustees, 4459 40 Pa. St., 209, Trusts and Trus- tees, 4446 21 Pa. St., 296, Wills, 3995 I W. & S., 390, Advancements, 4620 108 Pa. St., 236, Jurisdiction, 3849 8 Atlan. Rep., 858, Guardian and Ward, 4423 105 Pa. St., 362, Legacies, 464.7 118 Pa. St., 94, Wills, 3942 32 Pa. St., 263, Guardian and Ward, 4426 14 Atlan. Rep., 333; 13 Cent. Rep., 217, Trusts and Trus- tees, 4461 10 S. & R., 329, Advancements, 4620 51 Pa. St., 58, Partition, 4904 52 Pa. St., 449, Partition, 4916 12 W. N., 338, Legacies, 4648, 4649 35 P. L. J., 437, Trjists and Trus- tees, 4447, 4452 32 P. L. J., 375, Trusts and Trus- tees, 4488, 4489 129 Pa. St., 542, Legacies, 4653 15 S. & R., 65, Admrs. and Excrs., 4282 10 Phila., 199, Guardian and Ward, 4375 17 W. N., 476, Trusts and Trus- tees, 4488 5 Pa. St., 385, Wills, 3949 69 Pa. St., 264, Trusts and Trus- tees, 4449, 4460 TABLE OF CASES. 955 Heckert's Appeal, Heddleson's Estate, Hefferman, Addams v., Heffner, Levingood v., Heffner's Appeal, Heft, Dietterich v., Heft, Dietterich v. , Heft's Appeal, Heft's Appeal, Hege V. Hege, Heilbrenner, Reist v., Heister's Appeal, Helfenstein's Estate, Helfenstein's Estate, Helfrich v. Stern, Hellman v. Hellman, Hellernian's Estate, Helme, Sayre v. , Hemphill v. Carpenter, Hemphill v. Monongahela Co., Hemphill's Appeal, Hemphill's Estate, Henderson, Allen and Wife v., 24 Pa. St., 482, Trusts and Trus- tees, 4452, 4461 8 Phila., 602, Legacies, 4648 9 Watts, 529, Lien of Decedent's Debts, 4943 21 W. N., 148, Admrs. and Excrs., 4170 119 Pa. St., 462, Price Act, 4784 5 Pa. St., 87, Guardian and Ward, 4424 5 Pa. St., 87, Trusts and Trus- tees, 4449 19 W. N., 302, Admrs. and Excrs., 4142 19 W. N. , 302, Trusts and Trus- tees, 4452 I P. & W., 90, Admrs. and Excrs., 4188 II S. & R., 131, Admrs. and Excrs., 4218 7 Pa. St., 455, Admrs. and Excrs., 4291 135 Pa. St., 293; 26 W. N. 194, Trusts and Trustees, 4484 135 Pa. St., 293, Conclusiveness of Decrees, 4967 17 Pa. St., 144, Execution, 5013 4 Rawle, 440, Legacies, 4660, 4663 3 W. N., 391, Guardian and Ward, 4420 61 Pa. St., 299, Admrs. and Excrs., 419° 6 Watts, 22, Lien of Decedent's Debts, 4922 19 Pa. St., 351, Trusts and Trus-_ tees, 4460 18 Pa. St., 303, Trusts and Trus- tees, 4449 9 Phila., 486, Trusts and Trus- tees, 4452 49 Pa. St., 333, Wills, 3944 956 TABLE OF CASES. Henderson, Painter v., Henderson, Painter v., Henderson, Painter v., Hengst's Appeal, Hengst's Estate, Henry, McNickle v., Henry, Steel v., Henszey, Anderson v., Henszey, Anderson v., Hepburn v. Snyder, Hepburn's Appeal, Herman, Comm. v., Hermes' Estate, Hermstead's Appeal, Heron v. Hoffner, Herr, Bowman v., Herr, Bowman v., Herr, Bowman v., Herr v. Herr, Herr v. Herr, Herr, Shertzer z/., Herron, Burt v., Herr's Estate, Hersha v. Brenneman, Hershey v. Shenk, Hess' Estate, Hess' Estate, 7 Pa. St., 48, Trusts and Trustees, 4447 7 Pa. St., 48, Partition, 4843 7 Pa. St., 48, Conclusiveness of Decrees, 4968 24 Pa. St., 419, Admrs. and Excrs., 4297 6 Watts, 86, Advancements, 4620 4 Brews., 150, Guardian and Ward, 4421 9 Watts, 523, Lien of Decedent's Debts, 4922, 4929 7 W. N., 39; 9 Phila., 14, Trusts and Trustees, 4468 9 Phila., 14, Discharge and Dis- missal, 4497 3 Pa. St., 72, Lien of Decedent's Debts, 4921 65 Pa. St., 468, Price Act, 4788 16 W. N., 210, Coll. Inher. Tax, 4562 32 P. L. J., 474, Admrs. and Excrs. , 4038 60 Pa. St., 423, Trusts and Trus- tees, 4449 3 Rawle, 398, Admrs. and Excrs., 4035 I P. & W., 282, Jurisdiction, 3846 I P. & W., 282, Guardian and Ward, 4424 I P. & W., 282, Execution, 4989 5 Pa. St., 428, Partition, 4909 5 Pa. St., 428, Conclusiveness of Decrees, 4967 19 Pa. St., 34, Partition, 4883 66 Pa. St., 400, Jurisdiction, 3867 1 Gr., 272, Trusts and Trustees, 4447 6 S. & R., 2, Partition, 4842 58 Pa. St., 382, Lien of Dece- dent's Debts, 4926 2 Phila., 243, Admrs. and Excrs., 4297 68 Pa. St., 454, Trusts and Trus- tees, 4447, 4449 TABLE OF CASES. 957 Hess V. Hess, 5 Watts, 187, Conclusiveness of Decrees, 4967 32 P. L. J., 318, Jurisdiction, 3871 13 Pa. St., 488, Trusts and Trus- tees, 4444 55 Pa. St., 290, Exemption, 4580 102 Pa. St., 55, Guardian and Ward, 4378 34 Pa. St., 183, Admrs. and Excrs., 4319 29 Pa. St., 342, Lien of Dece- dent's Debts, 4933 7 Pa. St., 464, Guardian and Ward, 4426 6 Watts, 76, Admrs. and Excrs., 4221 16 W. N., 336, Guardian and Ward, 4394 2 1 Pa. St., 283, Advancements, 4624 39 Pa. St., 133, Exemption, 4582 13 Pa. St., 344, Wills, 3944 55 Pa. St., 236, Admrs. and Excrs., 4221 7 W. & S., 273, Partition, 4871 32 Pa. St., 511, Exemption, 4579 12 Ves., 266, Trusts and Trustees, 4461 9 W. N., 421, Trusts and Trustees, 4444 > 4485 3 W. N., 545, Exemption, 4588 9 Allan. Rep., 434, Sales, 4710 94 Pa. St., 381, Exemption, 4579 Hincken v. McGlathery, 47 Leg. Int., 36, Trusts and Trus- tees, 4449 Hinkle's Estate, 20 W. N., 351, Trusts and Trus- tees, 4450 Hirst's Estate, 12 W. N., 323, Admrs. and Excrs., 4260 Hitner v. Ege, 23 Pa. St., 305, Partition, 4823 Hoak V. Hoak, 5 Watts, 80, Advancements, 4622 Hoare v. Peck, 6 Sim., 51, Trusts and Trustees, 4461 Hoar's Appeal, 18 W. N., 503, Admrs. and Excrs., 4075 Heth's Estate, Hetrick, Eyrick v., Hettrick v. Hettrick, Hewson's Appeal, Heyer's Appeal, Hickman, Soles v., Hickman's Appeal, Hicks, Sawyers, v., Highgate's Estate, High's Appeal, Hildebrand's Appeal, Hileman v. Bouslaugh, Hilgert, Comm. v.. Hill V. Geiger, Hillz'. Hill's Admr., Hillary v. Walker, Hilles' Estate, Hilt V. Walton, Hilton's Appeal, Hime's Appeal, 958 Hoch, Kerper v., Hocker, Leibert v. , Hodgson, Foster v., Hoff, Marshall v., Hoffner, Hern v., Hoff's Appeal, Holbrook, McNeal v., Holbrook's Estate, Holbrook's Estate, Holcomb V. Roberts, Hollenback, Chahoon v., Hollenback v. Clapp, Hollenberger v. Yankey, Holliday v. Ward, Holliday v. Ward, Hollinshead's Appeal, Holloway's Estate, Holman's Appeal, Holman's Appeal, Holme's Appeal, Holt's Estate, Holt's Estate, Homiller, Hart v. , Homiller, Hart v., Homiller's Estate, Homiller's Estate, Homiller's Executor, Hart v., Homiller's Executor, Hart v., TABLE OF CASES. I Watts, 9, Lien of Decedent's Debts, 4921, 4923 I Miles, 263, Lien of Decedent's Debts, 4936 19 Vesey, Jr., Trusts and Trus- tees, 4461 I Watts, 440, Election, 457° 3 Rawle, 398, Admrs. and Excrs., 4035 24 Pa. St., 200, Admrs. and Excrs., 4188 25 Pa. St., 189, Execution, 5017 20 W. N., 79, Guardian and Ward, 4377 20 W. N., 79, Coll. Inher. Tax, 4563 57 Pa. St., 494, Admrs. and Excrs., 4193 16 S. & R., 425, Lien of Dece- dent's Debts, 4937 J 03 Pa. St., 61, Admrs. and Excrs., 4268 145 Pa. St., 179, Partition, 4871 19 Pa. St., 485, Jurisdiction, 3857 19 Pa. St., 485, Advancements, 4616 103 Pa. St., 159, Trusts and Trus- tees, 4446 8 W. N., 148, Admrs. and Excrs., 4275 24 Pa. St., 174, Trusts and Trus- tees, 4447 106 Pa. St., 502, Partition, 4871 79 Pa. St., 279, Admrs. and Excrs. , 41 7 1 II Phila., 13, Jurisdiction, 3893 32 Leg. Int., 29, Jurisdiction, 391S 23 Pa. St., 43, Execution, So^S 20 Pa. St., 248, Legacies, 4651 17 W. N., 238, Exemption, 4614 17 W. N. , 238, Advancements, 4619 23 Pa. St., 39, Jurisdiction, 3867 23 Pa. St., 39, Legacies, 4651, 4652, 4654, 4657, 4660 TABLE OF CASES. 959 Hoober, Karmane v.. Hood's Estate, Hoopes, Edwards v., Hoover, Kuhler v., Hope's Appeal, Hopkin's Estate, Hopkins v. Glunt, Hopkins, Lea v., Hopper, McMurray's Admrs. v., Hopper's Estate, Horam's Esiate, Hore's Estate, Horner v. Hasbrouck, Horner, Tucker v., Horton's Appeal, Hospital, Schuenzel v., Hostetter's Appeal, Hostetter's Appeal, Hotz's Estate, Hovenden v. Lord Annesley, Howell, Green v., Howell's Estate, Howell's Estate, Howell's Estate, Hower's Appeal, Hoyt, Taylor v., Hubbs, Livingston v., 3 W. & S., 253, Admrs. and Excrs., 4185 21 Pa. St., 106, Coll. Inher. Tax, 4563 2 Whar., 420, Admrs. and Excrs., 4168 4 Pa. St., 331, Trusts and Trus- tees, 4479 29 W. N., 365, Election, 4566 11 Phila., 42, Jurisdiction, 3893 III Pa. St., 287, Wills, 3964 7 Pa. St., 385, Admrs. and Excrs., 4161 43 Pa. St., 468, Lien of Dece- dent's Debts, 4926, 4932 2 Phila., 367, Exemption, 4580 59 Pa. St., 152, Partition, 4814, 4841 32 Leg. Int., 135, Execution, 4989 41 Pa. St., 169, Lien of Dece- dent's Debts, 4926 10 Phila., 122, Admrs. and Excrs., 4256 94 Pa. St., 62, Guardian and Ward, 4420 12 W. N., 78, Trusts and Trus- tees, 4444 6 Watts, 244, Jurisdiction, 3913 6 Watts, 244, Admrs. and Excrs., 4n»o 38 Pa. St., 422; Wills, 3966 2 Sch. & Lef., 636, Trusts and Trustees, 446 1 6 W. & S., 203, Advancements, 4629 13 W. N., 15, Guardian and Ward, 4423 29 W. N., 297, Coll. Inher. Tax, 4563 5 AV. N., 430, Conclusiveness of Decrees, 4967 55 Pa. St., 337, Price Act, 4781, 4782 15 Atlan. Rep., 892, Price Act, 4783, 4788 3 Johns. Ch., 124, Bills of Review, 4952 960 TABLE OF CASES. 80 Pa. St., 348, Wills, 3949 83 Pa. St. , 346, Lien of Decedent's Debts, 4936 19 Pa. St., 138, Admrs. and Excrs., 4318 2 S. & R., 4, Sales, 4740 2 Gr., 341, Guardian and Ward, 4423, 4424 27 W. N., 60, Trusts and Trus- tees, 4461 81 Pa. St., 329, Exemption, 4587 65 Pa. St., 141, Advancements, 4623 57 Pa. St., 179, Jurisdiction, 3849 S3 Pa. St., 509, Guardian and Ward, 4423 53 Pa. St., 500, Guardian and Ward, 4431 53 Pa. St., 500, Trusts and Trus- tees, - 4449, 4450 57 Pa. St., 179, Advancements, 4615 II W. N., 123, Guardian and Ward, 4367 80 Pa. St., 420, Jurisdiction, 3849 II Pa. St., 228, Lien of Dece- dent's Debts, 4922 2 Cent. Rep., 346, Trusts and Trustees, 4489 Humphreys, Johnson v., 14 S. & R., 394, Trusts and Trus- tees, 4461 89 Pa. St., 154, Lien of Decedent's Debts, 4943 28 Pa. St., 115, Trusts and Trus- tees, 4447 28 Pa. St., 115, Partition, 4909 8 Watts, 403, Admrs. and Excrs., 41 71 6 Pa. St., 97, Wills, 3965 100 Pa. St., 590, Exemption, 4587 105 Pa. St., 128, Lien of Dece- dent's Debts, 4926 Ruber's Appeal, Hubert, Seymour v., Hubley's Appeal, Huckle V. Phillips, Huffer's Appeal, Huffnagle v. Blackburn, Hufman's Appeal, Hufsmith's Estate, Hughes' Appeal, Hughes' Appeal, Hughes' Appeal, Hughes' Appeal, Hughes' Appeal, Hume Minors, Hummel v. Hummel, Hummel, Maus v.. Hummel' s Appeal, Hunsecker v. Thomas, Hunsicker, Lair v. , Hunsicker, Lair v., Hunt V. Devling, Hunter's Estate, Hunt's Appeal, Hunt's Appeal, TABLE OF CASES. Hunt's Estate, Hurley's Estate, Hurley's Estate, Hutchinson, Kintzing v. Hutchinson's Appeal, Huy's Appeal, Hyneman's Estate, Iddings V. Cairns, 961 4588 II W. N., 123, Exemption, 7 C. C, 21 ; 46 Leg. Int., 180, Trusts and Trustees, 4489 S W. N. , loi, Exemption, 45^9 34 Leg. Int., 365, Coll. Inher. Tax, 4562 47 Pa. St., 84, Advancements, 4628 84 Pa. St., 51, Trusts and Trus- tees, 4449, 4457 2 W. N., 571, Admrs. and Excrs., 4259 2 Grant, 89, Conclusiveness of Decrees, . 4967 Ihmsen, McLaughlin v., 85 Pa. St., 364, Lien of Dece- dent's Debts, 4926 32 Pa. St., 198, Partition, 4909 32 Pa. St., 198, Conclusiveness of Decrees, 4967 43 Pa. St., 431, Trusts and Trus- tees, 4449 103 Pa. St., 266, Price Act, 4789 1 Wharton, 337, Partition, 4808 32 Leg. Int., 168 ; i W. N., 417, Trusts and Trustees, 4479 4 Wharton, 179, Jurisdiction, 3844 See proper names. 23 Pa. St., 471, Admrs. and Excrs., 4265 2 Wh., S3, Trusts and Trustees, 4447 14 W. N., 225, Trusts and Trus- tees, 4488 20 W. N., 299, Lien of Decedent's Debts, 4936 99 Pa. St., 459, Admrs. and Excrs., 4157 II W. N., 207, Admrs. and Excrs., 4258 87 Pa. St., 286, Admrs. and Excrs., 41 7 1 5 Pa. St., 508, Trusts and Trus- tees, 4459 Ihmsen v. Ormsby, Ihmsen v. Ormsby, Ihmsen's Appeal, Ijams, Moffet v., Ingeisoll V. Sergeant, IngersoU's Estate, Innes' Estate, In He, Ins. Co., Callender v., Ins. Co., Campbell v., Ins. Co. V. Norris, Ins. Co. , Wireman v. , Ins. Co.'s Appeal, Irey's Estate, Irvin, Chase v. , Irvine, Geddis v., 962 Irwin V. Cooper, Irwin V. Cooper, Irwin V. Hamilton, Irwin, Magraw v., Irwin V. Nixon, Irwin's Appeal, Jack V. Jones, Jack's Appeal, Jack's Appeal, Jackson, Cadmus v., Jackson, State of Con- necticut V. , Jackson v. Summerville, Jackson's Estate, Jackson's Estate, Jacobs V. Bull, Jailor, Scott v., Jakobs' Will, James' Appeal, James' Claim, James, Sheaff v. , Jenkins, Abbott v., Jenkins v. Jenkins, Jenkins, Stoolfoos v., Jenkins, Stoolfoos v., Jennings, Spencer v., Jewell's Estate, TABLE OF CASES. 92 Pa. St., 298, Admrs. and Excrs., 4241 92 Pa. St., 298, Trusts and Trus- tees, 446 1 6 S. & R., 208, Admrs. and Excrs., 4193 87 Pa. St., 139, Admrs. and Excrs., 42 11 II Pa. St., 419, Lien of Decedent's Debts, 4939 35 Pa. St., 294, Admrs. and Excrs., 4297 5 Wh., 321, Lien of Decedent's Debts, 4932 94 Pa. St., 367, Guardian and Ward, 4423 94 Pa. St., 367, Trusts and Trus- tees, 445° 52 Pa. St., 295, Lien of Dece- dent's Debts, 4927 I Johns. Ch. 13, Admrs. and Excrs., 4291 13 Pa. St., 359, Bills of Review, 4955 16 W. N. , 480, Trusts and Trus- tees, 4449 16 W. N., 50, Trusts and Trus- tees, 4488 I W., 370, Trusts and Trustees, 4479 I Grant, 237, Execution, 4988 21 W. N., 510, Wills, 3970 89 Pa. St., 54, Admrs. and Excrs., 4185 1 Dallas, 47, Wills, 394^ 2 W. N., 507, Admrs. and Excrs., 4217 10 S. & R., 296, Wills, 3947 7 Pa. St., 246, Jurisdiction, 3868 8 S. & R., 167, Partition, 4846 8 S. & R., 173, Conclusiveness of Decrees, 4966 114 Pa. St., 618, Price Act, 4782 32 Leg. Int., 169 ; i W. N., 404, Trusts and Trustees, 4452 TABLE OF CASES. 963 Jewell's Estate, 11 Phila., 73, Trusts and Trus- tees, 4452, 4458 7 Pa. St., 137, Sales, 4734 7 Pa. St., 137, Conclusiveness of Decrees, 4966, 4968 2 Chest. Co. Rep., 281, Costs, 4980 114 Pa. St., 611, Guardian and Ward, 4423 126 Pa. St., 426, Guardian and "^^'ard, 4373- Johnson v. Humphreys, 14 S. & R., 394, Trusts and Trus- tees, 4461 114 Pa. St., 132, Jurisdiction, 3841, 3879 12 S. & R., 317, Guardian and Ward, 4424 9 Pa. St., 416, Trusts and Trus- tees, 4460, 4468, 4485 114 Pa. St., 132, Sales, 4737 9 Pa. St., 416, Conclusiveness of Decrees, 4967 20 W. N., 16, Sales, 4705 4 W. N., 76, Sales, 4709 II Atlan. Rep., 78, Discharge and Dismissal, 45^3 9 W. & S., 107, Admrs. and Excrs., 4264 5 Wh. , 321, Lien of Decedent's Debts, 4932 99 Pa. St., 124, Admrs. and Excrs., 4225, 4333 8 W. & S., 143, Trusts and Trus- tees, 4449. 4459 3 Gr., 169, Trusts and Trustees, 4479 3 Gr., 169, Discharge and Dis- missal, 4498 10 W. N., 249, Admrs. and Excrs., 4058 39 Leg. Int., 129, Admrs. and Excrs., 4310 John, Lockhart v. John, Lockhart v. John's Estate, Johns V. Tiers, Johnson v. Blair, Johnson's Appeal, Johnson's Appeal, Johnson's Appeal, Johnson's Appeal, Johnson's Appeal, Johnson's Estate, Johnson's Estate, Johnston's Appeal Johnston's Estate, Jones, Jack v., Jones' Appeal, Jones' Appeal, Jones' Appeal, Jones' Appeal, Jones' Estate, Jones' Estate, 964 Joyce, McCormick v., Judges, Coram, v., Judson V. Lyle, Kachlein's Appeal, Kaiser's Estate, Kane's Estate, Karmane v. Hoober, Karstein v. Bauer, Kate's Estate, Kauffman's Appeal, Kauffman's Appeal, Kay V. Scales, Kean v. Franklin, Kearnes, Ex Parte, Keating v. Condon, Kech, Laua v. , Keech v. Rhinehart, Keen's Estate, Keen's Estate, Kehr, Becker v., Keil, Comm. v., Keily's Estate, Keim's Appeal, Kellberg's Appeal, Keller's Appeal, Kelley's Estate, Kelly's Appeal, TABLE OF CASES. 7 Pa. St., 248, Guardian and Ward, 4434 4 Pa. St. 301, Jurisdiction, 3840 8 Phila., 98, Lien of Decedent's Debts, 4926 5 Pa. St., 95, Jurisdiction, 3877 2 Lane. Law Review, 362, Juris- diction, 3871 46 Leg. Int., 220, Sales, 4710 3 W. & S., 253, Admrs. and Excrs., 4185 4 Penny., 366, Partition, 4884 148 Pa. St., 471, Partition, 4819 112 Pa. St., 645, Exemption, 4582 112 Pa. St., 645, Costs, 4982 37 Pa. St., 31, Wills, 3946 5 S. & R., 147, Partition, 4871 I Pa. St., 326, Guardian and Ward, 4423 68 Pa. St., 75, Admrs. and Excrs., 4168 II Leg. Int., 31, Admrs. and Excrs., 4339 10 Pa. St., 242, Conclusiveness of Decrees, 497° 6 C. C, 645 ; 46 Leg. Int., 179, Trusts and Trustees, 4444 13 W. N., 451, Trusts and Trus- tees, 4449 49 Pa. St., 223, Legacies, 4648 9 Phila., 140, Admrs. and Excrs., 4221 47 Leg. Int., 514, Admrs. and Excrs., 4237 125 Pa. St., 480, Wills, 3949 86 Pa. St., 129, Discharge and Dismissal, 4521 8 Pa. St., 288, Admrs. and Excrs., 4285 I W. N., 10, Exemption, 4580 77 Pa. St., 235, Admis. and Excrs., 4166 TABLE OF CASES. Kelly's Estate, Kenderdine's Estate, Kennedy, Alexander v. Kennedy, Loy v., Kennedy, Loy v., Kennedy, Paul v., Kennedy v. Wachsmuth, Kennedy's Appeal, Kennedy's Appeal, Kennedy's Estate, Kennedy's Estate, Kenower, Stewart v., Kent, Bradfords v., Kenyon v. Gould, Kepple's Appeal, Kerchner, Comm. v., Kern's Appeal, Kerper v. Hoch, Kerper, Peters v., Kerr, Barclay v., Kerr's Estate, Kessler's Appeal, Kettler's Estate, Keyser's Appeal, Kier's Estate, Kilgore's Appeal, Killiam's Estate, 965 4710 32 Leg. Int., 412, Sales, 12 W. N., 423, Trusts and Trus- tees, 4444 3 Gr., 379, Trusts and Trustees, 4447 I W. & S., 396, Admrs. and Excrs., 4108 I W. & S. , 396, Conclusiveness of Decrees, 4967 1 Grant, 399, Admrs. and Excrs., 4284 12 S. & R. , 171, Conclusiveness of Decrees, 49^7 4 Pa. St., 149, Admrs. and Excrs., 4287 4 Pa. St., 149, Trusts and Trus- tees, 4452 2 W. N., 492, Admrs. and Excrs., 4168 16 W. N., 528, Sales, 4710 7 W. & S., 288, Wills, 3948 43 Pa. St., 474, Jurisdiction, 3883 61 Pa. St., 292, Execution, 5002 53 Pa. St., 211, Wills, 3942 24 W. N., 260, Coll. Inher. Tax, 4563 120 Pa. St., 523, Exemption, 4579. 4588 1 Watts, 9, Lien of Decedent's Debts, 4921, 4922 5 W. N., 523, Trusts and Trus- tees, 4461 no Pa. St., 130, Partition, 4793 4 Phila., 182, Lien of Decedent's Debts, 4926 32 Pa. St., 390, Lien of Decedent's Debts, 4932 14 W. N., 77, Admrs. and Excrs., 4302 23 W. N., 201, Lien of Decedent's Debts, 4930 27 P. L. J., 97, Trusts and Trus- tees, 4452 8 Atlan. Rep., 441, Trusts and Trustees, 4452 2 W. N., 684, Execution, 4991 966 Killion's Appeal, TABLE OF CASES. 3 Brewster, 235, Guardian and Ward, 4401, 4420 29 Pa. St., 176, Execution, 5002 113 Pa. St., 46, Guardian and Ward, 4423 Kimmel, Konigmacher ». , i P. & W., 207, Guardian and Ward, 4424 72 Pa. St., 364, Conclusiveness of Decrees, 4966 6 Phila., 551, Admrs. and Excrs., 4194 I P. & W., 188, Admrs. and Excrs., 4265 I P. & W., 188, Trusts and Trus- tees, 4450 12 W. N., 109, Admrs. and Excrs., 4143. 4145 32 Leg. Int., 74; II Phila., 26; I W. N., 250, Trusts and Trustees, 4452 II Phila., 26, Coll. Inher. Tax, 4563 84 Pa. St., 345, Exemption, 4579 6 Whar., 370, Advancements, 4619 9 W. N., 207, Costs, 4985 44 Pa. St., 460, Advancements, 4620 Kilpatrick v. White, Kilpatrick's Appeal, Bang V. Brooks, King V. Devoe, Kling V. Morrison, King V. Morrison, King's Estate, King's Estate, King's Estate, King's Estate, King's Estate, King's Estate, Kingsbury's Appeal, Kingsley v. School Direc- tors, Kingston, Myers v., Kingston's Estate, Kinley, Gourley v. , Kinney's Executors v. McClure, Kinsey, Grace v., Kinter's Appeal, Kinter's Appeal, 2 Pa. St., 28, Trusts and Trus- tees, 4459 126 Pa. St., 582, Conclusiveness of Decrees, 4967 28 W. X., 284, Coll. Inher. Tax, 4563 66 Pa. St., 270, Jurisdiction, 3881 I Rand., 284, Trusts and Trus- tees, 4461 4 W. X., 208, Sales, 4710, 4731 62 Pa. St., 318, Guardian and AVard, 4426 62 Pa. St., 318, Bills of Review, 4955. 4956 TABLE OF CASES. 967 Kintner, Messinger v., Kintzer, Mitchell v. , Kintzing v. Hutchinson, Kirby's Appeal, Kircudbright v. Kircud- bright, Kirkpatrick's Estate, Kitchenman's Estate, Kittera's Estate, ^l Kittera's Estate, Klebe, Frey v., Klein's Estate, Klein's Estate, Kleppner v. Laverty, Kline v. Bowman, Kline's Appeal, KJine's Appeal, Kline's Appeal, Klingensmith v. Bean, Klingensmith's Estate, Klinker's Appeal, Klohs V. Reifsnyder, Knabb, In re, Knaub's Estate, Knight's Estate, Kniter's Appeal, Knox's Estate, Knull, Oyster v., Koch's Estate, Koelle V. Englert, 4 Binn., ro3, Conclusiveness of Decrees, 4966 5 Pa. St., 216, Bills of Review, 4955 34 Leg. Int., 365, Coll. Inher. Tax, 4562 16 W. N., 71, Advancements, 4620 8 Vesey, 51, Advancements, 4633 5 Phila. , 98, Exemption, 4589 II W. N., 356, Sales, 4705 17 Pa. St., 416, Jurisdiction, 3970 17 Pa. St., 416, Lien of Dece- dent's Debts, 493 1) 4940 36 Leg. Int., 114, Conclusiveness of Decrees, 4967 II W. N., 354, Jurisdiction, 3871 11 Phila., 34, Execution, 4989 70 Pa. St., 70, Wills, 3946 19 Pa. St., 24, Partition, 4883 86 Pa. St., 363, Admrs. and Excrs., 4318 39 Pa. St., 463, Sales, 4734 86 Pa. St., 363, Conclusiveness of Decrees, 4967 2 Watts, 486, Conclusiveness of Decrees, 4967 130 Pa. St., 516, Partition, 4823, 4825 I Wh., 57, Lien of Decedent's Debts, 4926 61 Pa. St., 240, Partition, 4807, 4843 30 Leg. Int., 361, Advancements, 4619 144 Pa. St., 322, Legacies, 4652 28 W. N., 265, Wills, 3934, 3936 62 Pa. St., 318, Admrs. and ■ Excrs., 4294 131 Pa. St., 220, Wills, 3970 137 Pa. St., 448, Wills, 3949 12 W. N., 305, Exemption, 4586 12 Phila., 517, Trusts and Trus- tees, 4459 968 TABLE OF CASES. Kolbe, Steiner v., 57 Pa. St., 123, Wills, 3942 Konigmacher v. Kimmel, i P. & W., 207, Guardian and Ward, 4424 14 Pa. St., 269, Sales, 4739' 14 Pa. St., 269, Lien of Dece- ■ dent's Debts, 4926, 4929 90 Pa. St., 246, Wills, 3949 102 Pa. St., 493, Partition, 4887 144 Pa. St., 26, Price Act, 4784' 10 Watts, 54, Advancement, 4618, 4630. 3 Rawle, 300, Admrs. and Excrs, 4259 119 Pa. St., I, Lien of Decedent's Debts, 4932 125 Pa. St., 504, Lien of Dece- dent's Debts, 4932 19 W. N., 511, Lien of Dece- dent's Debts, 4932 25 Pa. St., 97, Admrs. and Excrs, 4169 4 Pa. St., 331, Trusts and Trus- tees, 4479 36 Pa. St., 383, Advancements, 4630 87 Pa. St., 100, Bills of Review, 4955 136 Pa. St., 142, Wills, 3952 26 Pa. St., 465, Partition, 4871 35 Leg. Int., 274, Admrs. and Excrs., 4235 141 Pa. St., 349, Wills, 3947 Konigmaker v. Brown, Konigmaker v. Brown, Koons, Daley v., Koons, Steckel v., Koons, Westhafer v., Kreider v. Boyer, Kreidlcr, Lawall v., Krips, Allen v., Rrips, Allen v., Krips, Born v., Krugh, Haslage v., Kuhler v. Hoover, Kuhn, Bamcord v., Kuhn's Appeal, Kuntzleman's Appeal, Kurtz's Appeal, Lacey's Estate, Ladd, Shalters v.. Lady Kircudbright, Lord Kircudbright v. , Laiferty's Estate, Lair v. Hunsicker, 8 Vesey, 51, Advancements, 4633 40 Leg. Int., 58, Exemption, 4583 28 Pa. St., 115, Trusts aind Trus- tees, 4447 28 Pa. St., 115, Partition, 4909 13 S. & R. , 309, Trusts and Trus- tees, 4449 22 W. N,, 24, Price Act, 4784 58 Pa. St., 142, Guardian and Ward, 4423 Lancaster Bank's Appeal, 127 Pa. St., 214, Legacies, 4651 Lair v. Hunsicker, Lamberton v. Smith, Lambrecht's Estate, Lamb's Appeal, TABLE OF CASES. 969 Lancaster's Appeal, Landis' Estate, Landis v. Scott, Landis v. Scott, Landmesser's Appeal, Lane's Appeal, Lang's Estate, Langstrath, Potter v., Langton's Estate, Laning, Dixcy v., Laning, Dixcy v., Lant, Ward 21., Lantz, Bruch v., Lantz V. Trusler, Larkin's Estate, Larrison's Appeal, Lash, Fidler v., Latimer, Colley v., Laua^. Keck, Laughlin's Estate, Laverty, Kleppner v., Lawall V. Kreidler, Lawley's Appeal, Lawrence, Duncan v., Lawrence's Estate, Law's Estate, Law's Estate, III Pa. St., 524, Trusts and Trus- tees, 4444, 4485 2 Phila, 217, Jurisdiction, 3900 32 Pa. St., 495, Admrs. and Excrs. , 4291 32 Pa. St., 495, 496, Trusts and Trustees, 4449, 4455 126 Pa. St., 115, Guardian and Ward, 4424 24 Pa. St., 487, Trusts and Trus- tees, 4449 13 W. N., 14, Election, 4567 151 Pa. St., 216, Costs, 4982 14 W. N., 46, Admrs. and Excrs., 4039 49 Pa. St., 143, Price Act, 4789 49 Pa. St., 143, Conclusiveness of Decrees, 4967 Prec. in Chanc, 182, Advance- ments, 4633 2 Rawle, 392, Lien of Decedent's Debts, 4922 37 Pa. St., 482, Wills, 3949 41 L. I., 75, Jurisdiction, 3895 36 Pa. St., 130, Exemption, 4586 23 W. N., 449, Admrs. and Excrs. 4170 5 S. & R., 211, Lien of Dece- dent's Debts, 4933 II Leg. Int., 31, Admrs. and Excrs., 4339 23 ^^' N-. 544, Sales, 4709 70 Pa. St., 70, AVills, 3946 3 Rawle, 300, Admrs. and Excrs., 4259 20 W. N., 28, Exemption, 4580 24 Pa. St., 154, Trusts and Trus- tees, 4449 136 Pa. St., 354, Wills, 3963 140 Pa. St., 444, Admrs. and Excrs., 4256 144 Pa. St., 499, Guardian and Ward, 4424 970 Law's Estate, Lawson's Appeal, Lazarus v. Bryson, Lea V. Hopkins, Leas, Myers v., Lechler's Appeal, Lechler's Appeal, Lee V. Wickersham, Lee V. '\\' right. Leech, Williams v., Leedom v. Lombaert, Lee's Appeal, Lee's Appeal, Lee's Estate, Lee's Estate, Lefferts, Paxson v., Lehman v. Dorety, Lehman's Estate, Lehr's Appeal, Leibert, Baker v. , Leibert v. Hocker, Leibert' s Appeal, Leiby's Appeal, Leidy, Miller ?■. , Leightner v. Leightner, Leiper v. Thompson, Leiter's Appeal, Leland's Appeal, Lennig's Estate, TABLE OF CASES. 47 Leg. Int., 504, Trusts and Trustees, 4449 23 Pa. St., 85, Advancements, 4619 3 Binn., 54, Trusts and Trustees, 4447 7 Pa. St., 385, Admrs. and Excrs., 4161 loi Pa. St., 172, Advancements, 4620 21 W. N., 505, Guardian and Ward, 4422 21 W. N., 505, Trusts and Trus- tees, 4449 I W. N., 482, Trusts and Trus- tees, 4461 I Rawle, 149, Admrs. and Excrs., 4027 28 Pa. St., 89, Wills, 3948 80 Pa. St., 381, Conclusiveness of Decrees, 4967 27 Pa. St., 229, Guardian and Ward, ' 4427 24 W. X. , 363, Election, 4566 17 W. X., no. Trusts and Trus- tees, 4489 29 W. X'., 346, Bills of RcM'ew, 4955 3 Rawle, 59, Wills, 3946 8 Phila., 623, Exemption, 4580 MS. Costs, 4985 98 Pa. St., 25, Jurisdiction, 3920 125 Pa. St., 106, Partition, 4881 I Miles, 263, Lien of Decedent's Debts, 4936 119 Pa. St., 517, Partition, 4871 49 Pa. St., 182, Guardian and Ward, 4420 3 W. & S., 456, Partition, 4871 87 Pa. St., 144, Wills, 3947 60 Pa. St., 177, Lien of Dece- dent's Debts, 4933 10 W. X.. 225, Execution, 4989 13 Pa. St., 84, Jurisdiction, 3907 52 Pa. St., 135, Admrs. and Excrs., 4188 TABLE OF CASES. 971 Leonard's Appeal, Leow's Estate, Leow's Estate, Leshey v. Gardner, Leslie's Appeal, Leslie's Appeal, 95 Pa. St., 196, Guardian and Ward, 4424 6 W. N., 336, Admrs. and Excrs., 4301 6 W. N., 333, Trusts and Trus- tees, 4457 3 W & S., 314, Sales, 4736 63 Pa. St., 355, Admrs. and Excrs., 4318 63 Pa. St., 355, Trusts and Trus- tees, 4449, 4479 Lessee of Evans v. Davis, i Yeates, 332, AVills, 3946 Lessee of Findlayz'. Riddle, 3 Binney, 139, Wills, 3947 Levan v. Millholland, 114 Pa. St., 49, Lien of Decedent's Debts, 4932 Levan's Appeal, 112 Pa. St., 294, Admrs. and Excrs., 4058, 4060 Levering, Rittenhouse v., 6 W. & S., 190, Admrs. and Excrs., 4144 Levering v. Rittenhouse, 4 Whar., 130, Advancements, 4620, 4622, 4624 21 W. N., 148, Admrs. and Excrs., ' 4170 III *Pa. St., 493, Guardian and Ward, 4426 6 W. N. , 451, Guardian and Ward, 4424 4 Wh., 22, Trusts and Trustees, 4446 2 Wharton, 81, Partition, 4807 5 W. N., 475, Guardian and Ward, 4427 97 Pa. St., 289, Jurisdiction, 3852 93 Pa. St., 176, Wills, 3934 95 Pa. St., 455, Admrs. and Excrs., 4298 144 Pa. St., 273, Admrs. and Excrs., 4235 24 Pa. St., 180, Admrs. and Excrs., 4291 22 Pa. St., 445, Admrs. and. Excrs., 4318 27 W. N., 21, Advancements, 4625, 4626 Levingood v. Heffner, Lewis V. Browning, Lewis V. Eddy, Lewis V. Pratt, Lewis V. Pratt, Lewry's Estate, Lex's Appeal, Library Co., Manners v. Lightcap's Appeal, Lightner's Estate, Lights' Appeal, Lights' Appeal, Lights' Estate, 972 Lights' Estate, TABLE OF CASES. Linder's Estate, Lindsay's Estate,"" Lineberger, Steele v. Lininger's Appeal, Linnard's Estate, 27 W. N., 21, Lien of Decedent's Debts, 4930 iSW. N., 351, Admrs. andExcrs., 4061 10 W. N., 36, Discharge and Dismissal, 453° 59 Pa. St., 308, Lien of Dece- dent's Debts, 4932 loi Pa. St., 161 j no Pa. St., 398, Admrs. and E.Kcrs., 4034 24 W. N., 492, Legacies, 4654 Linsenbigler v. Gourley, 56 Pa. St., 166, Jurisdiction, 3849 Linsenbigler z;. Gourley, 56 Pa. St., 170, Admrs. and Excrs., 4168 Lippincott, Rushton v., 119 Pa. St., 12, Lien of Dece- dent's Debts, 4933 Lippincott, Trust Co. v., 106 Pa. St., 295, Admrs. and Excrs., 4170 Lippincott, Trust Co. v., 106 Pa. St., 295, Sales, 4689 Lippincott's Estate, 7 Phila., 504, Jurisdiction, 3883 26 Pa. St., 502, Admrs. and Excrs., 4187 117 Pa. St., 14, Admrs. and Excrs., 4187 2 Penny., 70, Guardian and Ward, 4423> 4435 3 Johns. Ch., 124, Bills of Review, 495^ 80 Pa. St., 99, Jurisdiction, 3867 6 W., 167, Legacies, 4653 7 Pa. St., 137, Sales, 4734 7 Pa. St., 137, Conclusiveness of Decrees, 4966, 4968 4 S. & R., 310, Trusts and Trus- tees, 4461 80 Pa. St., 381, Conclusiveness of Decrees, 4967 99 Pa. St., 580, Legacies, 4660 127 Pa. St., 456, Wills, 3966 6 Watts, 46, Admrs. and Excrs., 4285 Little, Devling v.. Little's Appeal, Livingood's Appeal, Livingston v. Hubbs, Livingston, Pierce v., Lobach's Case, Lockhart v. John, Lockhartz'. John, Lodge, Pipher v., Lombaert, Leedom v.. I^ombaert's Appeal, Long V. Paul, Long's Estate, TABLE OF CASES. 973 Longstreth, Curtis z;., Longstreth's Estate, Longwell v. Bentley, Loomis' Appeal, Loom is' Appeal, Loomis V. Loomis, Lord Annesley, Hoven- den v., 44 Pa. St., 297, Wills, 3941, 3942, 3949 12 Phila., 86, Trusts and Trus- tees, 4444 23 Pa. St., 99, Partition, 481 1 10 Pa. St., 387, Jurisdiction, 3868 29 Pa. St., 237, Lien of Dece- dent's Debts, 4926 27 Pa. St., 233, Jurisdiction, 3872 2 Sch. and Lef., 636, Trusts and Trustees, 4461 Lord Kircudbright v. Lady Kircudbright, 8 Vesey, 51, Advancements, 4633 Lord Stanford, Pickering z;., 2 Ves., Jun., 272, Trusts and Trustees, 4461 69 Pa. St., 350, Guardian and Ward, 4422 98 Mass., 267, Wills, 3986 98 Mass., 267, Admrs. and Excrs., 4069 41 Pa. St., 297, Trusts and Trus- tees, 4459 I Whar., 238, Admrs. and Excrs., 4171 II W. N., 324, Admrs. and Excrs., 4306 49 Pa. St., 483, Wills, 3949 I Gr., 373, Trusts and Trustees, 4450 y4Pa. St., 219, Jurisdiction, 3841, 3929 I W. St S., 396, Admrs. and Excrs., 4108 I W. & S., 396, Conclusiveness of Decrees, 4967 53 Pa. St., 404, Jurisdiction, 3854 53 Pa. St., 404, Partition, 4914 63 Pa. St., 9, Trusts and Trus- tees, 446 1 3 Clark, 27s ; 13 Pa. St., 188, Admrs. and Excrs., 4249 4 S. & R., 201, Admrs. and Excrs., 4055 Lorenz's Appeal, Loring v. Oakey, Loring v. Oakey, Lothrop V. Wightman, Loud V. Bull, Love's Estate, Lowber, Perry v., Lowrie's Appeal, Lowry's Appeal, Loy V. Kennedy, Loy V. Kennedy, Lucas' Appeal, Lucas' Appeal, Lucas, Douglass v., Ludlam's Estate, Ludwig, Stoever v.. 974 TABLE OF CASES. Luffbarry's Estate, Luken's Appeal, Luken's Appeal, Luken's Appeal, Lusk's Estate, Lutheran Congreg. Appeal, Lyle, Judson v., Lyman's Admr. v. Byam, Lyman's Admr. v. Byam, Lynch 's Appeal, Lyndall's Estate, Lynn, Gernet v., Lynn, Miller v., Lyon, Fox v., Lyon V. Marclay, Lytle, Peiffer v., McAlarney, Roumfort v., McAlister, Comm. v., McBride v. Smyth, McBride's Appeal, McBride' s Estate, McCabe v. U. S., McCaffrey's Estate, McCaffrey's Estate, McCahan's Appeal, McCall, Wells w., McCallion v. Maher, McCall's Appeal, 34 Leg. Int., 1 16, Trusts and Trus- tees, 4449 7 W. & S., 48, Guardian and Ward, 4423, 4426 47 Pa. St., 356, Trusts and Trus- tees, 4449, 4452 151 Pa. St., 216, Costs, 4982 150 Pa. St., 517, Costs, 4980 113 Pa. St., 32, Wills, 3935 8 Phila., 98, Lien of Decedent's Debts, 4926 38 Pa. St., 475, Jurisdiction, 3905 38 Pa. St., 475, Exemption, 4579, 4580 12 W. N., 104, Legacies, 4658 32 W. N., 325, Wills, 4005 31 Pa. St., 94, Wills, 3949 7 Pa. St., 443, Wills, 3949 33 Pa. St., 474, Trusts and Trus- tees, 4461 I Watts, 275, Trusts and Trus- tees, 4461 58 Pa. St., 386, Advancements, 4630 82 Pa. St., 193 Admrs. and Excrs., 4285 28 Pa. St., 480, Admrs. and Excrs., 4280 54 Pa. St., 245, Wills, 3959 72 Pa. St., 480, Election, 457° 81 Pa. St., 303, Election, 4566 4 Watts, 325, Lien of Decedent's Debts, 4935 4 Phila., 194, Admrs. and Excrs., 4110 38 Pa. St., 331, Admrs. and Excrs., 41 10 7 Pa. St., 56, Guardian and Ward, 4423 64 Pa. St., 207, Wills, 39S9 4 Brews., 152, Admrs. and Excrs., 4218 56 Pa., St., 363, Partition, 4882 TABLE OF CASES. 975 McCameron, Shaw v., McCandless' Appeal, McCandless' Estate, McCann's Appeal, McCann's Estate, McCarty, Bellas v., McCausland's Appeal, McCawley's Estate, McCay v. Clayton, McClean's Appeal, McCleary's Appeal, McClelland, Clarke v., McClellan's Appeal, McClintock's Appeal, McClintock's Appeal, McCloskey's Estate, McCloud's Estate, 11 S. & R., 252, Trusts and Trus- tees, 4469 98 Pa. St., 489, Partition, 4871 61 Pa. St., 9, Lien of Decedent's Debts, 4930 49 Pa. St., 304, Guardian and Ward, 4368 27 W. N., 439, Exemption, 4579. 4587. 4589 10 Watts, 21, Sales, 4736 38 Pa. St., 466, Trusts and Trus- tees, 4449 14 W. N., 260, Trusts and Trus- tees, 4458 119 Pa. St., 133, Conclusiveness Decrees, 4967 31 P. L. J., 148, Trusts and Trus- tees, 4450 I Atlan. Rep., 586, Guardian and Ward, 4368 9 Pa. St., 128, Adnirs. and Excrs., 4217 16 Pa. St., no, Admrs. and Excrs., 4055 71 Pa. St., 365, Admrs. and Excrs., 4168, 4305 1 Cent. Rep., 635; 29 Pa. St., 360, Lien of Decedent's Debts, 4930 2 W. N., 114; 32 Leg. Int., 396, Trusts and Trustees, 4452 12 Phila., 81, Trusts and Trus- tees, 4457 29 Beav., 422, Advancements, 4630 McClure v. Evans, McClure, Kinney's Exec- utors ?»., I Rand., 284, Trusts and Trus- tees, 4461 McClure, Weld v., 9 Watts, 495, Admrs. and Excrs., 4194 McClurken's Appeal, 48 Pa. St., 211, Legacies, 4665 McConnell ». Morton, 11 Pa. St., 398, Admrs. and Excrs., 4183 976 TABLE OF CASES. McCormick v. Joyce, McCormick, Neely v., McCourt's Appeal, McCoy V. Porter, McCracken v. Graham, McCracken v. Roberts, McCracken' s Estate, McCredy's Appeal, McCredy's Appeal, McCredy's Estate, McCullough V. Wallace, McCullough V. Young, McCullough V. Young, McCuUough's Appeal, McCullough's Estate, McCuUough's Estate, McCullough's Estate, McCuUy's Estate, McDaniel's Estate, M'Devitt V. M'Devitt, McDonald v. Dunbar, McDonald's Estate, McDonald's Estate, McDonald's Estate, McDonald's Estate, McDowell V. Addams, McElhenney's Appeal, McElrath v. Railroad Co., McElroy, Harris v., McElroy, Montgomery v., 7 Pa. St., 248, Guardian and Ward, 4434 25 Pa. St., 31, Exemption, 4613 11 W. N., 161, Admrs. andExcrs., 4261 15 S. & R., 57, Admrs. and Excrs., 4297 14 Pa. St., 209, Execution, 5018 19 Pa. St., 390, Lien of Dece- dent's Debts, 4932 29 Pa. St., 428, Admrs. and Excrs., 4188 3 Brews., 200, Legacies, 4640 47 Pa. St., 442, Legacies, ^ 4660 I W. N., 578, Legacies, 4640 8 S. & R., 181, Partition, 4846 I Binn., 63, Wills, 3984 I Binn., 63, Admrs. and Excrs., 4068, 4190 12 Pa. St., 197, Jurisdiction, 3902 47 Leg. Int., 213, Conclusiveness of Decrees, 4966 47 Leg. Int., 213, Costs, 4980 20 W. N., 471, Costs, 4985 8 W. N., 14, Admrs. and Excrs., 4056 47 Leg. Int., 534, Trusts and Trus- tees, 4489 4 Watts, 384, Admrs. and Excrs., 4194 20 W. N., 559, Wills, 3943 130 Pa. St., 480, Wills, ' 3986 130 Pa. St., 480, Admrs. and Excrs., 4069 37 P. L. J., 275, Costs, 4982 38 Leg. Int., 34, Execution, 4990 45 Pa. St., 430, Coll. Inher.'Tax, 4562 46 Pa. St., 347, Guardian and Ward, 4421, 4424 II W. N., 401, Trusts and Trus- tees, 4447 45 Pa. St., 216, Wills, 3949 3 W. & S., 370, Legacies, 4647 TABLE OF CASES. 977 McElroy z/. Saving Fund, 19 W. N., 289, Admrs. and Excrs., 4033 8 W. N., 184, Exemption, 4579 17 S. & R., 336, Conclusiveness of Decrees, 4967 38 Leg. Int., 42, Trusts and Trus- tees, 4449 1 Phila., '378, Conclusiveness of Decrees, 4967 83 Pa. St., 38, Exemption, 4588 98 Pa. St., 9, Jurisdiction, 3853 98 Pa. St., 9, Conclusiveness of Decrees, 4967 99 Pa. St., 338, Wills, 3937 McGlathery, Hinchen v., 47 Leg. Int., 36, Trusts and Trus- tees, 4449 2 Grant, 353, Jurisdiction, 3889 2 Qrant, 353, Execution, 5022 91 Pa. St., 410, Lien of Dece- dent's Debts, 4935 131 Pa. St., 359, Trusts and Trus- tees, 4489 14 S. & R., 396, Admrs. and Excrs., 4318 3 Whar., 575, Wills, 3966 26 P. L. J., 99, Trusts and Trus- tees, 4452 6 W. N., 252, Partition, 4823 14 Pa. St., 231, Conclusiveness of Decrees, 497 1 33 Pa. St., 92, Wills, 3948 96 Pa. St., 277, Wills, 3963 McKenahan v. Crawford, 59 Pa. St., 390, Admrs. and Excrs., 4189 McKenna, Foster v., 11 Atlan. Rep., 674, Wills, 3949 McKennan's Appeal, 27 Pa. St., 237; i Grant, 364, . Discharge and Dismissal, 4521 McKeown's Estate, 8 W. N., 343, Admrs. and Excrs., 4235 McKinley,' McKee v., 33 Pa. St., 92, Wills, 3948 McKinney, Moorehead z;., 9 Pa. St., 265, Lien of Dece- dent's Debts, 4926 McElroy's Estate, McEadden v. Geddis, McFadden, Whitely v., McFarland's Estate, McGarity, Shumate v., McGettrick's Appeal, McGettrick' s Appeal, McGlade's Appeal, McGregor, Burd v~, McGregor, Burd v., McGregor, Dowling v., McGregor's Estate, McGrew's Appeal, Mcllvaine v. Gethen, Mcintosh's Estate, Mclntyre, Young v., McKee v. McKee, McKee v. McKinley, McKee's Appeal, 978 TABLE OF CASES. McKinney's Estate, 2 W. N., 156, Execution, 499i McKinster, Silverthorn v., 12 Pa. St. , 67, Trusts and Trustees, 4447 7 W. & S., 244, Admrs. and Excrs. 4060 I Howard, 161, Guardian and Ward, 4426 I Howard, 161, Trusts and Trus- tees, 4461 1 Howard, 161, Bills of Review, 4955 8 S. & R., 347, Admrs. and Excrs., 4275 51 Pa. St., 200, Trusts and Trus- tees, 4460 85 Pa. St., 364, Lien of Dece- dent's Debts, 4926 S3 Pa. St., 146, Jurisdiction, 3891 41 Pa. St., 266, Wills, ' 3934 76 Pa. St., 231, Admrs. and Excrs., 4318 2 W. N., 19, Trusts and Trustees, 4449 I Rawle, 357, Conclusiveness of Decrees, 4967 I P. & W., 96, Legacies, 4648, 4660 14 W. N., 311, Guardian and Ward, 4426 37 Leg. Int., 514, Exemption, 4580 31 Pa. St., 467, Costs, 4981 10 S. & R., 429, Wills, 3944 49 Leg. Int., 326, Wills, 3937 58 Pa. St., 214, Conclusiveness of Decrees, 4967 32 P. L. J., 363, Trusts and Trus- tees, 4447 II W. N., 440, Wills, 3936 11 W. N., 562, Exemption, 4582 McMurray, Alexander v., 8 Watts, 504, Lien of Decedent's Debts, 4929 McMurray' s Admrs. v. Hopper, 43 Pa. St., 468, Lien of Dece- dent's Debts, 4926, 4932 McKnight, Sill v., McKnight v. Taylor, McKnight v. Taylor, McKnight v. Taylor, McKinney v. Watson, McLain, Campbell v., McLaughlin v. Ihmsen, McLean v. Wade, McLean v. Wade, McLellan's Appeal, McLellan's Appeal, McLenachan v. Comm., McLenahan v. Wyant, McMahon's Estate, McManus' Estate, McMasters v. Blair, McMichael, Carter v., McMichael v. Price, McMicken v. Comm., McMillan, Woods v., McMillan's Appeal, McMullen's Estate, TABLE OF CASES. Mc Murray's Appeal, McMurray's Appeal, McNeal v. Holbrook, McNeran's Will, McNickle v. Henry, McNinch v. Trego, McPherson v. Cunliff, McPherson's Estate, Macaltioner's Estate, Macherner's Estate, Machette's Estate, Mackaw's Estate, Mackin's Estate, Magee, Fricke v., Magee's Estate, Magee' s Estate, Magraw v. Irwin, Maguire's Estate, Maher, McCallion v., Mallock, Hare v., Malone's Appeal, Maloney's Estate, Mangan's Appeal, Mann, Robb v., Mannerbach's Estate, Manners v. Library Co., Marclay v. Lyon, Marcy's Estate, 979 3849 loi Pa. St., 421, Jurisdiction, loi Pa. St., 427, Trusts and Trus- tees, 4446 25 Pa. St., 189, Execution, 5017 44 Pa. St., 297, Wills, 3941 4 Brews., 150, Guardian and Ward, 4421 73 Pa. St., 52, Trusts and Trustees, 4461 II S. & R., 422, Conclusiveness of Decrees, 4966,4967 II W. N., 54, Wills, 3936 26 W. N., 296, Exemption, 459^ 140 Pa. St., 544, Exemption, 4580 4 W. N., 371, Jurisdiction, 3893 I W. N. , 203, Admrs. and Excrs.,4234 II W. N., 207; 14 Phila., 328, Discharge and Dismissal, 4523 38 Leg. Int., 139 ; 10 W. N., 50, Trusts and Trustees, 4461 32 P. L. J., 401, Trusts and Trus- tees, 4490 30 W. N., 478, Legacies, 4647 87 Pa. St., 139, Admrs. and Excrs., 42 1 1 4 W. N., 15, Jurisdiction, 3893, 3919 4 Brews., 152, Admrs. and Excrs., 4218 I Miles, 268, Lien of Decedent's Debts, 4933 38 Leg. Int., 303, Election, 4570 27 P. L. J., 193, Trusts and Trus- * tees, 4449> 445° II Atlan. Rep., 805, Lien of Dece- dent's Debts, 4931 II Pa. St., 300, Sales, 4736 133 Pa. St., 342, Wills, 3949 93 Pa. St., 176, Wills, 3934 I Watts, 275, Trusts and Trus- tees, 446 1 22 Pa. St., 140, Jurisdiction, 3867 98o TABLE OF CASES. Margerum v. Waters, Mark, Pryor v., Markel, Snyder v. , Markel, Snyder v., Markle, Allen v., Markle's Estate, Markley's Estate, Marr's Appeal, Marshall v. Hoff, Marshall, Maurer v., Marshall, Pringle v., Marshall, Township v., Marshall's Appeal, Marshall's Appeal, Marshall's Appeal, Marshall's Estate, Marsteller's Appeal, Marten's Appeal, Martin v. Fry, Martin, Hay v., » Martin's Appeal, Martin's Appeal, Martin's Appeal, Martin's Estate, Martin's Estate, 60 Pa. St., 39, Admrs. andExcrs., 4170 129 Pa. St., 529, Legacies, 4651, 4660 8 Watts, 416, Sales, 4705 8 Watts, 4r6, Conclusiveness of Decrees, 4967 36 Pa. St., 117, Wills, 3950 29 W. N., 479, Trusts and Trus- tees, 4458 148 Pa. St., 538, Legacies, 4648 2 W. N., 267, Guardian and Ward, 4426 I Watts, 440, Election, 45 70 16 Pa. St., 377, Wills, 3942 32 W. N., 261, Legacies, 4652 138 Pa. St., 570, Legacies, 4647 27 W. N., 225, Jurisdiction, 3899 10 Pa. St., 454, Admrs. and Excrs. , 4060 27 W. N., 225, Legacies, 4652 138 Pa. St., 285, Jurisdiction, 3871 4 Watts, 267, Trusts and Trus- tees, 4452 13 W. N., 289, Guardian and Ward, 4424 17 S. & R., 426, Admrs. and Excrs., 4188 14 Atlan. Rep., 333; 13 Cent. Rep., 217, Trusts and Trus- tees, 4461 13 W. N., 167, Admrs. and Excrs., 4281 33 Pa. St., 395, Admrs. and Excrs., 4323 23 Pa. St., 433, Trusts and Trus- tees, 4449 39 Leg. Int., 33, Admrs and Excrs., 4302 39 Leg. Int., 33, Guardian and Ward, 442r TABLE OF CASES. 981 Martin's Estate, Martin's Estate, Mason v. Ammon, Mast's Appeal, Mateer, Comm. v., Mateer, Comm. v., Mathers z/.' Patterson, Maul V. Rider, Maule V. Shaffer, Maulfair's Appeal, Maupay's Estate, Maurer's Estate, Maurer v. Marshall, Maus V. Hummel, Maxwell, Price v., Mayberry's Appeal, Mayberry's Appeal, Mayer's Estate, Mayor of Exeter, Attorney- 4 English Chancery Rep., 206, 35 P. L. J., 248, Trusts and Trus- tees, 4443 30 W. N., 461, Election, 4569, 4570 117 Pa. St., 127, Wills, 3948 40 Pa. St., 24, Advancements, 4630 16 S. & R., 416, Admrs. and Excrs., 4035, 4194 16 S. & R. , 416, Lien of Dece- dent's Debts, 4935 33 Pa. St., 487, Conclusiveness of Decrees, 4966 51 Pa. St., 377, Trusts and Trus- tees, 4461 2 Pa. St., 404, Admrs. and Excrs., 4183 no Pa. St., 402, Guardian and Ward, 4426 2 Brews., 491, Admrs. and Excrs., 4045 20 W. N. , 392, Guardian and Ward, 4423, 4434, 4435 16 Pa. St., 377, Wills, 3942 II Pa. St., 228, Lien of Dece- dent's Debts, 4922 28 Pa. St., 23, Wills, 3934 33 Pa. St., 258, Admrs. and Excrs., 4291 33 Pa. St., 258, Trusts and Trus- tees, 4455 10 W. N., 261, Jurisdiction, 3845 General v., Mazurie's Estate, Meanor v. Hamilton, Meanor v. Hamilton, Meason's Estate, Admrs. and Excrs. , 4241,4461 II Phila, 143 ; 33 Leg. Int., 256, Admrs. and Excrs., 4233 27 Pa. St., 137, Trusts and Trus- tees, 4447 27 Pa. St., 137, Lien of Dece- dent's Debts, 4942 5 Watts, 464, Lien of Decedent's Debts, 4938 982 Meckley's Appeal, Meconkey, Hanna v.. TABLE OF CASES. I02 Pa. St., 536, Conclusiveness of Decrees, 4967 II Phila., 549, Trusts and Trus- tees, 4461 Medlar v. Aulenbach and 2 Pa. Rep., 355, Partition, Wife, Mehaffy v. Dobbs, Meisenhelter's Will, Meiser v. Eckhardt, Melizet's Appeal, Mellon's Appeal, Mellon's Appeal, Mellor, Reed v. , Melsheimer v. Gross, Mengel's Appeal, Menor, Mentzer v. , Mentzer v. Menor, Mercur's Estate, Merkel's Appeal, Merkel's Estate, Merkel's Estate, Merkel's Estate, Mentzer, Hayden v., Merklein v. Trapnell, Merklein v. Trapnell, Messinger v. Kintner, Metz's Appeal, Metz's Appeal, Mevey's Appeal, 4871 9 Watts, 363, Partition, 4843 15 Phila., 651, Wills, 3996 19 Pa. St., 201, Admrs. and Excrs., 41 6 1 17 Pa. St., 450, Admrs. and Excrs., 4234 114 Pa. St., 564, Coll. Inher. Tax, 4562 46 Pa. St., 165, Legacies, 4648 122 Pa. St., 635, Guardian and Ward, 4378 58 Pa. St., 412, Wills, 3947 61 Pa. St., 248, Wills, 3955 8 Watts, 296, Partition, 4871 8 Watts, 296, Partition, 4871 31 W. N., 73, Admrs. and Excrs., 4235 89 Pa. St., 340, Advancements, 4619 131 Pa. St., 584, Admrs. and Excrs., 4169. 4322 131 Pa. St., 585, Admrs. and Excrs., 4274, 4302 131 Pa. St., 585, Trusts and Trus- tees, 4452 10 S. & R., 329, Advancements, 4620 34 Pa. St., 42, Partition, 4807, 4823, 4845, 4909 34 Pa. St., 42, Conclusiveness of Decrees, 4967 4 Binn., 103, Conclusiveness of Decrees, 4966 11 S. & R. , 204, Jurisdiction, 3888 II S. & R., 204. Admrs. and Excrs., 4256 4 Pa. St. , 80, Lien of Decedent's Debts, 4933 TABLE OF CASES. 983 Meyer's Estate, Michael's Estate, Middleton v. Norcross, Mifflin's Estate, Miggett's Appeal, Miles' Estate, Miller, Blair v., Miller v. Comm., Miller, Comm. v., Miller v. Ege, Miller v. Leidy, Miller v. Lynn, Miller v. Porter, Miller, Roland v., Miller v. Wilson, Miller's Appeal, Miller's Appeal, Miller's Appeal, Miller's Appeal, Miller's Appeal, Miller's Appeal, Miller's Estate, Miller's Estate, Miller's Estate, 43 Leg. Int., 108, Aditirs. and Excrs., 4260 1 W. N., 270, Guardian and Ward, 4370 ii^W. N., 321, Conclusiveness of Decrees, 4967 46 Leg. Int., 270, Trusts and Trustees, 4444 109 Pa. St., 520, Trusts and Trus- tees, 4447 2 Dist. Rep., 103, Admrs. and Excrs., 4339 30 W. N., 486, Wills, 3948 III Pa. St., 321, Coll. Inher. Tax, 4562 8 S. & R. , 452, Lien of Dece- dent's Debts, 4935 8 Pa. St., 352, Trusts and Trus- tees, 4446 3 W. & S., 456, Partition, 4871 7 Pa. St., 443, Wills, 3949 S3 Pa. St., 292, Wills, 3934 100 Pa. St., 47, Admrs. and Excrs., 4170 24 Pa. St., 114, Admrs. and Excrs., 4218 84 Pa. St., 391, Admrs. and Excrs., 4268 10 W. N., 81, Trusts and Trustees, 4444 84 Pa. St., 391, Election, 457° 31 Pa. St., 338, Advancements, 4615, 4623 40 Pa. St., 57, Advancements, 4619, 4620, 4627 107 Pa. St., 221, Advancements, 4621 22 W. N., 11; 27 W. N., 3, Jurisdiction, 39^4 I Ash., 323; 16 W. N., lis, Trusts and Trustees, 4452 10 W. N., 81, Trusts and Trus- tees, 4485 984, TABLE OF CASES, Miller's Estate, Miller's Estate, MillhoUand, Levan v., Milligan, Walker v. , Milligan's Appeal, Milligan's Estate, Milligan's Estate, Milne's Appeal, Miltenberger v. Schlegel, Miner v. Atherton, Minnick's Estate, Minor, £x Parte, Mintzer's Estate, Miskey v. Miskey, Miskey's Appeal, Miskimin's Appeal, Mitchell V. Kintzer, Mitchell V. Mitchell, Mitchell, Taylor v., Mixter's Estate, Moffet V. Ijams, Mohler's Appeal, Mohler's Appeal, Mollinger, Sauer v., Molony's Estate, Moltz, Comm. v., Moltz, Comm. v., Monongahela Co., Hemp- hill v., Monroe's Estate, 2 2 W. N., II, Coll. Inher. Tax, 4563 2 Brewster, 355, Advancements, 4633 114 Pa. St., 49, Lien of Dece- dent's Debts, 4932 45 Pa. St., 178, Wills, 3947 82 Pa. St., 389, Guardian and Ward, 4425 2 W. N., 43, Trusts and Trustees, 4447 97 Pa. St., 525, Trusts and Trus- tees, 4457 99 Pa. St., 483, Jurisdiction, 3890 7 Pa. St., 241, Legacies, 4652 35 Pa. St., 528, Advancements, 4631 43 Leg. Int., 99, Exemption, 4580 II Vesey, 559, Sales, 4736 43 Leg. Int., 292, Trusts and Trus- tees, 4452, 4489 20 W. N., 470, Lien of Decedent's Debts, 4930 18 W. N., 100, Costs, 4982 114 Pa. St., 530, Jurisdiction, 3841 5 Pa. St., 216, Bills of Review, 4955 8 Pa. St., 126, Sales, 4739 57 Pa. St., 209, Wills, 3934 28 W. N., 182, Coll. Inher. Tax," 4563 103 Pa. St., 266, Price Act, 4789 8 Pa. St., 26, Jurisdiction, 3866 8 Pa. St., 26, Legacies, 4653 138 Pa. St., 338, Legacies, 4651 I Phila., 294, Discharge and Dismissal, 45^3 10 Pa. St., 527, Admrs. and Excrs., 4218 19 Pa. St., 527, Conclusiveness of Decrees, 4967 19 Pa. St., 351, Trusts and Trus- tees, 4460 9 Phila., 309, Legacies, 4648 TABLE OF CASES. 985 Montgomery v. McElroy, 3 W. & S., 370, Legacies, 4647 Montgomery, Stewart z;., 23 Pa. St., 410, Lien of Dece- dent's Debts, 4933 86 Pa. St., 230, Trusts and Trus- tees, 4452 3 Brews., 306, Admrs. and Excrs., 4236 7 Phila., 491, Admrs. and Excrs., 4338 3 Grant, 18, Admrs. and Excrs., 4170 4 W., i6g, Admrs. and Excrs., 4221 42 Pa. St., 467, Admrs. and Excrs., 4190 14 Pa. St., 359, Lien of Dece- dent's Debts, 4931 42 Pa. St., 374, Wills, 3949 I Grant, 213, Conclusiveness of Decrees, 4967 Moorehead v. McKinney, 9 Pa. St., 265, Lien of Dece- dent's Debts, 4926 10 Pa. St., 435, Trusts and Trus- tees, 4449, 4450, 4458 40 Leg. Int., 350, Exemption, 4580 10 Pa. St., 435, Conclusiveness of Decrees, 49^7 26 W. N., 251, Guardian and Ward, 4424, 4435 3 W. N., 80, Discharge and Dis- missal, 4528 13 W. N., 14s, Sales, 4737 44 Pa. St., 97, Advancements, 4630 123 Pa. St., 365, Price Act, 4781 16 Pa. St., 95, Wills, 3944 no Pa. St., 271, Sales, 4734, 4738 no Pa. St., 271, Conclusiveness of Decrees, 4967 26 W. N. , 236, Discharge and Dismissal, 4521, 4523 5 Rawle, 9, Wills, 3943 4 Phila., 89, Admrs. and Excrs., 4166 Montgomery's Appeal, Montgomery's Estate, Montier's Estate, Moody V. Fulmer, Moody, Stewart v. , Moore v. Fields, Moore v. Skelton, Moore, Tyler v., Moorehead v. Comm., Moore's Appeal, Moore's Appeal, Moore's Appeal, Moore's Estate, Moore's Estate, Moore's Estate, Moorhead, Craig v. , Moorhead v. Wolif, Morgan, George v. , Morgan's Appeal, Morgan's Appeal, Morgan's Estate, Morris, Bennett v., Morris v. Chadon, Morris, Eichelberger v., 6 Watts, 42, Admrs. and Excrs., 4277 986 TABLE OF CASES. Morris' Estate, Morris, Hagarty v., Morris, Nathans v., Morris v. Wallace, Morrison, Barclay v., Morrison, King v., Morrison, King v., Morrison v. Nellis, Morrison v. Wurfz, Morrison's Case, Morr's Appeal, 20 W. N., 30, Trusts and Trustees, 4449 2 W. N., 154, Admrs. andExcrs., 4217 4 Whar., 389, Trusts and Trus- tees, 4452 3 Pa. St., 319, Trusts and Trus- tees, 4449 16 S. & R., 129, Admrs. and Excrs., 4232 I P. & W., 188, Admrs. and Excrs., 4265 I P. & W., 188, Trusts and Trus- tees, 4450 115 Pa. St., 41, Price Act, 4782 7 Watts, 437, Sales, 4736 9 W. & S., 116, Admrs. and Excrs., 4166 80 Pa. St., 427, Advancements, 4627 Morton, McConnell v., 11 Pa. St., 398, Admrs. and Excrs., 4183 Mosgrove v. Golden, loi Pa. St., 605, Admrs. and Excrs., 4288 Moss V. Cleary, 5 Phila., 364, Trusts and Trustees, 4446 Moss V. Sheldon, 3 W. & S., 160, Wills, 3947 Motesworth, Gregor v., 2 Vesey, 109, Trusts and Trustees, 4461 Moth V. Atwood, 5 Ves., Jr., 845, Trusts and Trus- tees, 4461 3 P. & W.,185, Admrs. and Excrs., 4262 4 Phila., 192, Admrs. andExcrs., 4059 47 Leg. Int. , 48, Trusts and Trus- tees, 4447. 14 W. N., 144, Legacies, 4640 127 Pa. St., 474, Admrs. and Excrs., 4265 92 Pa. St., 89, Partition, 4881 4 W. N., 472, Partition, 4881 4 Watts, 424, Lien of Decedent's Debts, 4926 46 Pa. St., 508, Advancements, 4621 8 W. & S., 165, Lien of Dece- dent's Debts, 4933 Mothland v. Wireman, Muhlenberg's Estate, Mullen V. Doyle, Mullen's Estate, Mumma's Appeal, Murphy v. Borland, Murphy, Borland v., Murphy, Fetterman v., Murphy v. Nathans, Murphy's Appeal, TABLE OF CASES. 987 Murphy's Estate, Murphy's Estate, Murphy's Estate, Murphy's Estate, Murray v. Sharp, Murray's Estate, Musselman's Appeal, Musselman's Appeal, Musselman's Appeal, Musselman's Appeal, Musselman's Estate, Musser v. Oliver, Myer's Appeal, Myers v. Black, Myers v. Kingston, Myers v. Leas, Myers, Royer v., Mylin's Case, Mylin's Estate, Mylin's Estate, Naglee's Appeal, Naglee's Estate, Nancrede, Comm. v., Nathans v. Morris, Nathans, Murphy v., Neale's Appeal, Neal's Estate, Neal's Will, Neel V. Comm., Neel's Appeal,- Neel's Appeal, 20 W. N., 378, Coll. Inher. Tax, 4563 46 Leg. Int., 67, Legacies, 4647 1 W. N., 637, Sales, 4735 II W. N., 419, Sales, 4737 72 Pa. St., 360, Admrs. and Excrs., 4183 2 Pears., 473, Advancements, 4633 65 Pa. St., 480, Jurisdiction, 3878, 3881 10 1 Pa. St., 165, Jurisdiction, 3916 loi Pa. St., 165, Admrs. and Excrs., 4237 65 Pa. St., 480, Sales, 4734 5 Watts, 9, Advancements, 4627 21 Pa. St., 362, Admrs. and Excrs., 4333 16 W. N., 137, Guardian and Ward, 4423 17 Pa. St., 193, Sales, 4679 126 Pa. St., 582, Conclusiveness of Decrees, 4967 loi Pa. St., 172, Advancements, 4620 15 Pa. St., 87, Execution, 5017 7 W., 71, Bills of Review, 49 5 6 7 Watts, 64, Jurisdiction, 3843 18 Phila., 65, Admrs. and Excrs., 4236 33 Pa. St., 89, Wills, 3948 6 Phila., 28, Trusts and Trustees, 4450 32 Pa. St., 389, Coll. Inher. Tax, 4562 4 Whar. , 389, Trusts and Trustees, 4452 46 Pa. St., 508, Advancements, 4621 104 Pa. St., 214, Wills, 3959 18 W. N., 85, Costs, 4981 17 W. N., 191, Admrs. and Excrs., 4116 7 Atlan. Rep., 74, Guardian and Ward, 4436 3 Penny., 66, Guardian and Ward, 4425 II Atlan. Rep., 636, Guardian and Ward, 4436 988 TABLE OF CASES. Neel's Appeal, Neel's Estate, Neeld's Appeal, Neely v. McCormick, Neely's Appeal, Neff 's Appeal, Neff 's Appeal, Negley's Estate, Neill, Smyth v., Neill's Estate, Neill's Estate, Nellis, Morrison v., Nelson v. Nelson, Nelson's Estate, Nerpel's Appeal, Nesbit, Pontius v., Nesbit, Pontius v., Nesmith, Cubbage v. , Nevins' Appeal, Nevins, Bard v., Newbold, Webster v. , Newcomer's Appeal, Newell's Will, Newkirk's Appeal, Newkumet v. Davidson, Newkumet v. Davidson, Newman's Appeal, Newport v. Cook, 88 Pa. St., 94, Partition, 4858 88 Pa. St., 94, Jurisdiction, 3891 70 Pa. St., 113, Partition, 4879, 4898 25 Pa. St., 25s, Exemption, 4613 85 Pa. St., 387, Trusts and Trus- tees, 4461 57 Pa. St., 91, Trusts and Trus- tees, 4450 21 Pa. St., 243, Exemption, 4580 23 P. L. J., 21, Trusts and Trus- tees, 4459 I W. N., 43, Price Act, 4788 19 W. N., 380, Jurisdiction, 3855 15 W. N., 158, Admrs. and ExcTs., ^ 4234 115 Pa. St., 41, Price Act, 4782 117 Pa. St., 278, Conclusiveness of Decrees, 49^7 12 W. N. , 440, Trusts and Trus- tees, 4452 91 Pa. St., 334, Exemption, 4582 40 Pa. St., 309, Discharge and Dismissal, 4534 40 Pa. St., 309, Execution, 5021 3 Watts, 314, Partition, 4871 47 Pa. St., 230, Exemption, 4581 9 Watts, 331, Admrs. andExcrs., 4217 41 Pa. St., 482, Trusts and Trus- tees, 4461 43 Pa. St., 43, Guardian and Ward, 4397 1 Browne, 311, Advancements, 4618 3 Or., 323, Trusts and Trustees, 4449. 4450 13 W. N., 10, Admrs. and Excrs., 4286 13 W. N., 10, Trusts and Trustees, 4449 35 Pa. St., 339, Legacies, 4651, 4654, 4657, 4664 2 Ash., 332, Guardian and Ward, 4401, 4420 TABLE OF CASES. 989 Newstead, Ridgway v., Newstead, Ridgway v., Newton, Shannon v., Nice's Appeal, Nicholas v. Phelps, 3 D. F. & J., 474, Admrs. and Excrs., 4241 3D. F. & J., 474, Trusts and Trustees, 446 1 132 Pa. St., 375, Lien of Dece- dent's Debts, 4926 50 Pa. St., 143, Wills, 3942, 3959 15 Pa. St., 36, Lien of Decedent's Debts, 4926 Nichols V. Postlethwaite, 2 Dallas, 131, Legacies, 4649 Nicholson's Appeal, 20 Pa. St. 50, Guardian and Ward, 4370, 4423 40 Leg. Int., 271, Admrs. and Excrs., 4231 131 Pa. St., 346, Coll. Inher. Tax, 4563 13 Pa. St., 655, Jurisdiction, 3894 6 Pa. St., 141, Bills of Review, 4955 II Pa. St., '419, Lien of Dece- dent's Debts, 4939 6 W. N., 496, Exemption, 4587 38 Leg. Int., 224, Admrs. and Excrs., 4241 38 Leg. Int., 224, Trusts and Trustees, 446 1 7 Phila., 14, Trusts and Trustees, 4468 20 W. N., 576, Admrs. and Excrs., 41 7 1 II W. N., 321, Conclusiveness of Decrees, 4967 71 Pa. St., 106, Admrs. and Excrs., 4291 71 Pa. St., 106, Trusts and Trus- tees, 4447 8 Watts, 314, Trusts and Trus- tees, 4447 2 Ash., 411, Guardian and Ward, 4420 14 W. N., 225, Trusts and Trus- tees, 4488 Nicholson's Estate, Nieman's Estate, Nissley, Weiting v., Nissley, Weiting v., Nixon, Irwin v., Nixon's Appeal, Nixon's Estate, Nixon's Estate, Nixon's Estate, Noble's Estate, Norcross, Middleton v, Norris' Appeal, Norris' Appeal, Norris, Devinney v., Norris v. Fisher, Norris, Ins. Co. v.. 990 North, Rham v., Notte's Appeal, Nutz V. Reutter, Nyce's Estate, Nye's Appeal, O'Brien, Prowathin v., O'Donnell's Estate, O'Hara v. Stack, O' Neil's Estate, O'Neill's Estate, Oakey, Loring ?'. , Oakey, Loring v., Odd Fellows' Savings Bank's Appeal, Odiorne's Appeal, Odiorne's Appeal, Oeslager v. Fisher, Offerman v. Packer, Ogborn, Hartman v., Ogden's Appeal, Okeson's Appeal, Old Man's Hornet. Penna. Institute, Olds' Estate, Oliphant, Paull v., Oliver, Musser v., Oliver's Appeal, TABLE OF CASES. 2 Yeates, 117, Trusts and Trus- tees, 4447 45 Pa. St., 361, Exemption, 4582 I Watts, 229, Guardian and Ward, 4424 5 W. & S., 254, Trusts and Trus- tees, 4449 24 W. N., 121, Exemption, 4580 I W. N. , 155, Conclusiveness of Decrees, 49^7 4 W. N. , 91, Trusts and Trustees, 4458 90 Pa. St., 477, Conclusiveness of Decrees, 4980 12 W. N., 463, Admrs. and Excrs., • 4235 1 Dist. Rep., 392, Exemption, 4612 98 Mass., 267, Wills, 3986 98 Mass., 267, Admrs. and Excrs., 4069 123 Pa. St., 356, Jurisdiction, 3871 54 Pa. St., 178, Admrs. and Excrs., 4053 54 Pa. St., 178, Exemption, 4580 2 Pa. St., 467, Trusts and Trus- tees, 4447 26 Leg. Int., 205, Trusts and Trustees, 446 1 54 Pa. St., 120, Lien of Dece- dent's Debts, 4933 70 Pa. St., 501, Wills, 3946, 3959 59 Pa. St., 99, Legacies, 4647 17 W. N., 171, Wills, 3931 150 Pa. St., 529, Admrs. and Excrs., 4305 14 Pa. St., 342, Trusts and Trus- tees, 4447 21 Pa. St., 362, Admrs. and Excrs., 4333 1 01 Pa. St., 299, Lien of Dece- dent's Debts, 4927 TABLE OF CASES. 991 Oliver's Estate, Oliver's Estate, Oiler V. Bonebrake, Oiler, Staley v. , 01 wine's Appeal, Orcutt's Appeal, Ormsby, Ihmsen v., Ormsby, Ihmsen v., Orwig's Estate, Osborne's Estate, Oswald's Appeal, Otterson v. Gallagher, Otterson v. Gallagher, Otty V. Ferguson, Overdeer v. Updegraff, Overfield's Estate, Overseers, Hamilton v., Owens, Blackner v., Oyster v. Knull, Oyster v. Oyster, Oyster v. Oyster, Packard's Appeal, Packer, Offerman v., Page's Estate, Painter, Drum v., Painter v. Henderson, Painter v. Henderson, Painter v. Henderson, 20 W. N., 318, Trusts and Trus- tees, 4452 29 Pitts. L. J., 456, Lien of Decedent's Debts, 4927 65 Pa. St., 338, Advancements, 4620 28 P. L. J., 131, Costs, 4985 4 W. & S., 492, Trusts and Trus- tees, 4468 97 Pa. St., 179, Coll. Inher. Tax, 4562 32 Pa. St., 198, Partition, 4909 32 Pa. St., 198, Conclusiveness of Decrees, 4967 46 Leg. Int., 99, Price Act, 4781 149 Pa. St., 412, Partition, 4849 3 Grant, 300, Admrs. and Excrs., 4291 88 Pa. St., 355, Jurisdiction, 3852 88 Pa. St., 355, Conclusiveness of Decrees, 4967 1 Rawle, 294, Legacies, 4661 69 Pa. St., no. Price Act, 4788 37 Leg. Int., 62, Admrs. and Excrs., 4188 12 Pa. St., 147, Jurisdiction, 3867 2 Miles, 365, Admrs. and Excrs., 4166 137 Pa. St., 448, Wills, 3949 100 Pa. St., 540, Wills, 3949 I S. & R., 422, Advancements, 4628 37 Leg. Int., 135, Coll. Inher. Tax, 4562 26 Leg. Int., 205, Trusts and Trus- tees, 4461 75 Pa. St., 87, Jurisdiction, 3850 27 Pa. St., 148, Lien of Dece- dent's Debts, 4933 7 Pa. St., 48, Trusts and Trus- tees, 4447 7 Pa. St., 48, Partition, 4843 7 Pa. St., 48, Conclusiveness of Decrees, 4968 992 TABLE OF CASES. Painter's Estate, Palmer, Haus v.. Palmer, Reed v., Palmer, Reed v., Parish v. Brooks, Park V. Graham, Parker's Appeal, Parker's Estate, Parkhurst v. Harrower, Parshall's Appeal, Parson's Estate, Parson's Estate, Passenger Railway Co. v. Shields, I W. N., 190, Adm'rs. and Excrs. , 4234 21 Pa. St., 296, Wills, 3995 53 Pa. St., 379, Price Act, 4780 53 Pa. St., 381, Partition, 4807 4 Brewster, 154, Admrs. and Excrs., 4194 4 S. & R., 549, Trusts and Trus- tees, 4459 61 Pa. St., 478, Admrs. and Excrs., 4321 64 Pa. St., 307, Trusts and Trus- tees, 4449, 4450 142 Pa. St., 432, Wills, 3947, 3955 65 Pa. St., 224, Trusts and Trus- tees, 4447, 4449, 4460 82 Pa. St., 465, Admrs. and Excrs., 4201 82 Pa. St., 465, Discharge and Dismissal, 45^3 3 Brewster, 257, Trusts and Trus- tees, 4447 Passenger Railway Co.'s Appeal, Patrick's Appeal, Patrol, Boyd v., *8i Pa. St., 91, Coll. Inher. Tax, 4562 105 Pa. St., 356, Costs, 4982 113 Pa. St., 269, Trusts and Trus- tees, 4449 120 Pa. St., 624, Trusts and Trus- tees, 4449 33 Pa. St., 487, Conclusiveness of Decrees, 4966 114 Pa. St., 21, Wills, 3942 Patterson, Vowinckel v., 114 Pa. St., 21, Partition, 4802 Patterson, Whiter., 139 Pa. St., 429, Jurisdiction, 3907 Patterson, White v., 139 Pa. St., 429, Sales, 4681 Patterson's Appeal, 118 Pa. St., 571 ; 20 W. N., 141, Trusts and Trustees, 4447 Patterson's Appeal, 104 Pa. St., 369, Trusts and Trus- tees, 4449 Patrol V. Boyd, Patterson, Mathers v., Patterson, Vowinckel v. TABLE OF CASES. 993 Patterson's Appeal, Patterson's Estate, Patterson's Estate, Patterson's Estate, 128 Pa. St., 269, Advancements, 4620, 4629 I W. & S., 291, Admrs. and Excrs. , 4300 34 P. L. J., 406, Trusts and Trus- tees, 4444 35 P. L. J., 192, Trusts and Trus- tees, 4450 45 Leg. Int., 474, Advancements, 4629 7 Watts, 336, Lien of Decedent's Debts, 4926 62 Pa. St., 143, Guardian and Ward, 4424 127 Pa. St., 456, Wills, 3966 1 Grant, 399, Admrs. and Excrs., 4284 14 Pa. St., 342, Trusts and Trus- tees, 4447 2 W. & S., 418, Wills, 3949 3 Rawle, 59, Wills, 3946 7 W. & S., 458, Lien of Decedent's Debts, 4922, 4931 8 W. & S., 38, Wills, 3942 6 Sim., 51, Trusts and Trustees, 4461 1 Kulp, 353, Execution, 5007 33 W. N., 199, Exemption, 4580 58 Pa. St., 386, Adva:?icements, 4630 2 Penny., 278, Trusts and Trus- tees, 4446 Pendleton, Swearinger v., 4 S. & R. , 389, Admrs. and Excrs., 4272 Penn v. Hamilton, 2 Watts, 53, Lien of Decedent's Debts, 4922 Penna. Co.,etc.,». Stokes, 61 Pa. St., 136, Election, 457° Penna. Industrial Home for Blind Women, Ap- peal of, 3 Penny., 429, Wills, 3931 Penna. Industrial Home for Blind Women, Ap- peal of, 39 Leg. Int., 258, Wills, 3931 Patterson's Estate, Patton, Greenough v., Patton's Appeal, Paul, Long v., Paul V. Kennedy, Paull V. Oliphant, Paxson, Ellet v., Paxson V. Lefferts, Payne v. Craft, Pearsoll, Elliott v., Peck, Hoare v. , Peckham's Estate, Peeble's Estate, Peiffer v. Lytle, Peisart, Bank v., 994 TABLE OF CASES. Penna. Institution, The Old Man's Home z;., 17 W. N., 171, Wills, 3931 Pennell's Estate, Pennock's Appeal, Pennock's Estate, Pennock's Estate, Pennock's Estate, Pennock's Estate, Pennypacker's Appeal, Penny's Appeal, Pepper's Estate, Perkin's Appeal, Perot, Willing v.. Perry v. Lowber, Person's Appeal, Peter's Appeal, Peter's Estate, Peters v. Kerper, Peters, Willing v. , Peterson, Guillon v., Petty, Cook v. , Pfaffle, Voight v., Pfiffner v. Pfiffner, Phelps, Nicholas v., Phila., etc., R. R. Co.'s Appeal, Phillips, Benner v., 18 W. N., 198, Guardian and Ward, 4434 14 Pa. St., 446, Trusts and Trus- tees, 4447 20 Pa. St., 268, Wills, 3964 1 W. N. , 434, Guardian and Ward, 4401, 4420 1 1 Phila., 75, Guardian and Ward, 4420 2 Phila., 141, Trusts and Trus- tees, 4452 14 Pa. St., 430, Bills of Review, 4955 109 Pa. St., 323, Legacies, 4647 29 W. N., 553, Wills, 3969 108 Pa. St., 314, Trusts and Trus- tees, 4458 5 Rawle, 264, Admrs. and Excrs., 4211 49 Pa. St., 483, Wills, 3949 74 Pa. St., 121, Advancements, 4633 38 Pa. St., 239, Admrs. and Excrs., 4171 I Phila., 518, Admrs. and Excrs., 4234 5 W. N., 523, Trusts and Trus- tees, 446 1 7 Pa. St., 287, Trusts and Trus- tees, 4446 89 Pa. St., 163, Trusts and Trus- tees, 4449 108 Pa. St., 138, Legacies, 4648 16 W. N., 47, Costs, 4985 16 Atlan. Rep., 72, Trusts and Trustees, 4461 15 Pa. St., 36, Lien of Dece- dent's Debts, 4926 70 Pa. St., 355, Execution, 4999 9 W. & S., 13, Lien of Dece- dent's Debts, 4927. 493I) 4933 TABLE OF CASES. 995 Phillips' Estate, Phillips' Estate, Phillips' Estate, Phillips V. Gregg, Phillips, Heaton v., Phillips, Huckle v. , Phillips V. Railroad Co. , Phillips V. Railroad Co., Physic's Estate, Physick's Appeal, Physick's Estate, Picken's Estate, Pickering v. Lord Stan- ford, Pierce v. Livingston, Pierce's Appeal, Pierce's Estate, Pim V. Downing, Piper's Appeal, Pipher v. Lodge, Plate's Estate, Piatt's Appeal, Pleasant's Appeal, Pleasonton's Appeal, Pogue, Cooper v. , Pole, Fyson v., Pollock's Estate, 28 W. N., 229, Wills, 3967 23 W. N., 518, Partition, 4806 13 W. N., 3S5, Lien of Dece- dent's Debts, 4941 10 Watts, 158, Advancements, 4621, 4628 17 W. N., 476, Trusts and Trus- tees, 4488 2 S. & R., 4, Sales, 4740 107 Pa. St., 465, Jurisdiction, 3849 107 Pa. St., 472, Lien of Dece- dent's Debts, 4926 2 Phila. , 278, Trusts and Trustees, 4469 50 Pa. St., 128, Wills, ' 3942 2 Brewster, 179, Coll. Inher. Tax, 4562 14 W. N., 407, Trusts and Trus- tees, 4454 2 Ves. Jur., 272, Trusts and Trus- tees, 4461 80 Pa. St., 99, Jurisdiction, 3867 103 Pa. St., 27, Costs, 4982 3 Brews., 254, Price Act, 4782, 4783 11 S. & R., 66, Guardian and Ward, 4423, 4424 20 Pa. St., 67, Trusts and Trus- tees, 4485 4 S. & R., 310, 569, Trusts and Trustees, 4461 29 W. N., 560, Wills, 3970 80 Pa. St., 504, Exemption, 4580 77 Pa. St., 356, Trusts and Trus- tees, 4449 99 Pa. St., 369; II W. N., 273, Trusts and Trustees, 4449, 4450 92 Pa. St., 254, Wills, 3966 3 You. & C, 266; 3 Jur., 122, Trusts and Trustees, 4461 4 W. N. , 182, Admrs. and Excrs., 4292 996 TABLE OF CASES. Pontius V. Nesbit, Pontius V. Nesbit, Pool, Comm. v.. Pool, Comm. v.. Pope's Estate, Porter v. Allen, Porter v. Dougherty, Porter v. Dougherty, Porter, McCoy v. , Porter, Miller v.. Porter's Estate, Porter's Estate, Porter's Appeal, Portuondo's Estate, Postlethwaite, Nichols v., Postlethwaite's Appeal, Postlethwaite's Appeal, Pote's Appeal, Potter V. Langstrath, Pott's Appeal, Pott's Appeal, Potts, Ex Parie, Potts V. Wright, Poulson's Estate, Poulson's Estate, Poundstone v. Everly, Powell, Comm. v., Powell V. The Board of Domestic Missions, Power's Appeal, 40 Pa. St., 309, Discharge and Dismissal, 4534 40 Pa. St., 309, Execution, 5021 6 Watts, 32, Admrs. and Excrs., 4287 6 Watts, 32, Lien of Decedent's Debts, 4922 4 W. N., 431, Legacies, 4654, 4657 3 Pa. St., 390, Advancements, 4620 25 Pa. St., 405, Jurisdiction, 3892 25 Pa. St., 405, Sales, 4680 15 S. & R., 57, Admrs. and Excrs., 4297 53 Pa. St., 292, Wills, 3934 77 Pa. St., 43, Admrs. and Excrs., 4260 10 W. X., 276, Trusts and Trus- tees, 4459 10 Pa. St., 254, Wills, 3999 10 W. N., 174, Guardian and Ward, 4424 2 Dallas, 131, Legacies, 4649 68 Pa. St., 478, Jurisdiction, 3867 68 Pa. St., 477, Legacies, 4659 106 Pa. St., 574, Guardian and Ward, 4368, 4373 151 Pa. St., 216, Costs, 4982 30 Pa. St., 168, Wills, 3946, 395S 10 Atlan. Rep., 887, Advance- ments, 4627 I Ash., 340, Guardian and Ward, 4420 82 Pa. St., 498, Sales, 4734 11 Phila., 151, Wills, 3935 33 Leg. Int., 400; 11 Phila., 151, Tnists and Trustees, 4452 31 Pa. St., II, Partition, 4882 51 Pa. St., 438, Coll. Inher. Tax, 4562 49 Pa. St., 46, Wills, 3947 63 Pa. St., 443, Advancements, 4634 TABLE OF CASES. 997 Powers' Estate, Powers' Estate, Pratt V. Vattier, Pratt V. Vattier, Pratt's Estate, Pratt's Estate, Pratt V. Lewis, Pratt, Lewis v. , Pray, Comm. v., Pray's Appeal, Price V. Maxwell, Price, McMichael v.. Price V. Taylor, Priestley's Appeal, Priestley's Appeal, Pringle v. Marshall, Proctor V. Cowper, Proctor V. Cowper, Proud V. Turner, Provost V. Gratz, Prowathin v. O'Brien, Pryer v. Mark, ' Pry's Appeal, Pry's Appeal, Pusey V. Clemson, Pusey V. Clemson, Pyle's Appeal, Quigley v. Beatty, lo W. N., 208, Admrs. and Excrs., 4237 39 Leg. Int., 129, Admrs. and Excrs. 4297 9 Peters, 416, Guardian and Ward, 4426 9 Peters, 416, Bills of Review, 4955 2 W. N. , 704, Admrs. and Excrs., 42 34 23 W. N., 543, Exemption, 4588 4 Wh. 22, Trusts and Trustees, 4446 2 Wharton, 81, Partition, 4807 125 Pa. St., 542, Guardian and AVard, 4436 34 Pa. St., 100, Trusts and Trus- tees, 4449 28 Pa. St., 23, Wills, 3934 49 Leg. Int., 326, Wills, 3937 28 Pa. St., 95, Wills; 3946 127 Pa. St., 420, Trusts and Trus- tees, 4488 127 Pa. St., 432, Bills of Review, 4956 32 AV. N., 261, Legacies, 4652 2 Vern., 376, Admrs. and Excrs. 4241 2 Vern., 376, Trusts and Trustees, 4461 2 P. Williams, 560, Advance- ments, 4632 6 Wheat., 481, Trusts and Trus- tees, 4461 I W. N. , 155, Conclusiveness of Decrees, 4967 129 Pa. St., 529, Legacies, 4651, 4660 8 Watts, 253, Sales, 4710 8 Watts, 253, Lien of Decedent's Debts, 4927 9 S. & R. , 204, Admrs. and Excrs. ,4171 9 S. & R., 204, Trusts and Trus- tees, 4452 I Penny, 71, Partition, 4898 4 Watts, 13, Lien of Decedent's Debts, 4922 998 TABLE OF CASES. Quillman v. Custer, Quinliven, Robins v., Quinn's Estate, Quin's Estate, Raflferty's Estate, Ragan's Estate, Railroad Co.,Buffington v., Railroad Co. v. Erie, Railroad Co., McElrath v.. Railroad Co., Phillips v.. Railroad Co., Phillips v.. Railroad Co., Williams p., Railroad Co.'s Appeal (Phila, etc.), Railway Co. N.W., Reid v. , Rainey, Tatham v., Ralston v. Wain, Ralston' s Estate, Rambler, Spangler v. , Ramsey's Appeal, Rancel v. Creswell, Rankin Estate, Rankin's Appeal, Rankin's Appeal, Rankin's Estate, Rankin's Estate, Rankin's Estate, Rank's Estate, Raiser, Comm. v., Rau V. Small, Rau V. Small, Rawle's .Appeal, 57 Pa. St., 125, Wills, 3942 79 Pa. St., 333, Wills, 3946, 3947 8 W. N., 312, Coll. Inher. Tax, 4563 144 Pa. St., 444, Wills, 3959 9 Phila., 336, Jurisdiction, 39°9 7 Watts, 438, Partition, 48r2, 4842 74 Pa. St., 162, Lien of Dece- dent's Debts, 4929 I Grant, 211, Partition, 4807 II W. N., 401, Trusts and Trus- • tees, 4447 107 Pa. St., 465, Jurisdiction, 3849 107 Pa. St., 472, Lien of Dece- dent's Debts, 4926 9 Phila., 298, Admrs. and Excrs., 4063 70 Pa. St., 335, Execution, 4999 32 Pa. St., 257, Execution, 4999 82 Pa. St., 270, Jurisdiction, 3881 44 Pa. St., 279, Wills, 3942, 3959 3 W. X., 392, Guardian and Ward, 4366 4 S. & R., 192, Partition, 4828 4 Watts, 71, Sales, 4705 30 Pa. St., 158, Wills, 3946 45 Leg. Int., 174, Costs, 4982 10 W. X., 235, Admrs. and Excrs., 4288 95 Pa. St., 358, Partition, 4807, 4842 9 W. X., 407, Admrs. and Excrs., 4225 35 P. L. J., 224, Trusts and Trus- tees, 4446 9 W. X., 407, Costs, 4981 5 '^^ • >••. 555> Exemption, 4580 62 Pa. St., 436, Guardian and Ward, 4397 144 Pa. St., 304, Jurisdiction, 3846 144 Pa. St., 304, Guardian and Ward, 4424 119 Pa. St., 100, Partition, 4807, 4899 TABLE OF CASES. 999 Raybold v. Raybold, Raybold's Estate, Rea's Appeal, Rea's Estate, Reber v. Gilson, Reed, Association v., Reed, Campbell v. , Reed v. Comm., Reed, Comm. v., Reed, Dunwoodie v., Reed v. Mellor, Reed v. Palmer, Reed v. Palmer, Reed's Appeal, Reese's Appeal, Reeser's Appeal, Reeside v. Reeside, Reeside v. Reeside, Reesor, Allen v., Reid V. N. W. Railway Co., Reiff's Appeal, Reiff's Appeal, Reifsnyder, Klohs v., Reigle v. Seiger, Reilly's Estate, Reinheimer's Estate, Reinoehl v. Shirk, 20 Pa. St., 308, Trusts and Trus- tees, 4449 43 Leg. Int., 282, Exemption, 4579 13 W. N., 546, Trusts and Trus- tees, 4488 12 W. N., 306, Costs, 4985 1 Pa. St., 54, Admrs. andExcrs., 4187 80 Pa. St., 38, Sales, 4682 24 Pa. St., 498, Admrs. and Excrs. , 4339 II S. & R., 441, ; 8 Phila., 20, Admrs. and Excrs. , 4221 59 Pa. St., 425, Execution, 4993 3 S. & R., 435, Wills, 3943, 3953 122 Pa. St., 635, Guardian and Ward, 4378 53 Pa. St., 379, Price Act, 4780 53 Pa. St., 381, Partition, 4807 82 Pa. St., 430, Guardian and Ward, 4425 116 Pa. St., 272, Admrs. and Excrs., 4147, 4320 5 Atlan. Rep., 445, Trusts and Trustees, 4446 6 Phila., 507, Admrs. and Excrs., 4285 6 Phila., 507, Trusts and Trus- tees, 4447 16 S. & R., 10, Partition, 4871 32 Pa. St., 257, Execution, 4999 2 Pa. St., 256, Admrs. and Excrs., 4281 22 W. N., 62; 124 Pa. St., 145, Trusts and Trustees, 4489 61 Pa. St., 240, Partition, 4807, 4843 2 P. & W., 340, Partition, 4886 36 Leg. Int., 49, Sales, 4710 3 W. N., 244, Trusts and Trus- tees, 4479 119 Pa. St., 108, Wills, 3946 lOOO Reish V. Comm., Reist V. Heilbrenner, TABLE OF CASES. 1 06 Pa. St., 521, Coll. Inher. Tax, 4562 11 S. & R., 131, Admrs. and Excrs., 4218 129 Pa. St., 542, I^egacies, 4653 I Watts, 229, Guardian and Ward, 4424 3 S. & R., 533, Partition, 4807, 4825 1 Brewster, 431, Wills, 3955 131 Pa. St., 189, Trusts and Trus- tees, 4489 2 Yeates, 117, Trusts and Trus- tees, 4447 16 W. N., 48, Wills, 3962 39 Pa. St., 186, Admrs. and Excrs., 4318 37 Pa. St., 60, Conclusiveness of Decrees, 4967 3 Rawle, 420, Sales, 47oS 2 W. N.,587; 33 Leg. Int., 168, Trusts and Trustees, 4446 2 W. N., 587; 33 Leg. Int., 168, Trusts and Trustees, 4452 4 W. N. , 527, Admrs. and Excrs., 4170 93 Pa. St., 142, Wills, 3934 27 Pa. St., 75, Wills, 3942, 3959 9 W. N., 255, Guardian and Ward, 4425 i4Phila., 327; 38 Leg. Int., 452, Discharge and Dismissal, 4521 6 S. & R., 462, Guardian and Ward, 4434 26 P. L. J., 197, Trusts and Trus- tees, 4452 12 W. N., 386, Trusts and Trus- tees, 4457 34 Leg. Int., 382, Discharge and Dismissal, 4522 Richter v. Fitzsimmons, 4 Watts, 251, Conclusiveness of Decrees, 4967 Renner, Headley v., Reutter, Nutz v., Rex V. Rex, Rex's Estate, Reynolds v. Cridge, Rham v. North, Rhea v. Trust Co. , Rhoads' Appeal, Rhoads, Comm. v., Rhoad's Estate, Rhodes' Estate, Rhodes' Estate, Rhoedes' Estate, Rhymer's Appeal, Rice, Steacy v.. Rice's Estate, Rice's Estate, Richard's Case, Richardson's Estate, Richardson's Estate, Richardson's Estate, TABLE OF CASES. Richter v. Selin, Rickett's Appeal, Rider, Maul v., lOOl 4736 Riddle, Lessee of Find- lay v., Riddle v. Witcraft, Riddle's Appeal, Riddle's Estate, 8 S. & R., 440, Sales, 21 W. N., 229, Trusts and Trus- tees, 4447, 4449 51 Pa. St., 377, Trusts and Trus- tees, 4461 3 Binney, 139, Wills, 3947 3 Kulp, 186, Costs, 4980 37 Pa. St., 177, Partition, 4863, 4889 17 W. N., 223, Admrs. and Excrs., 4256 19 Pa. St., 431, Advancements, 4619, 4627 2 Maryl. Ch., 303, Bills of Re- view, 4952 3 D. F. & J., 474, Admrs. and Excrs., 4241 3 D. F. & J., 474, Trusts and Trustees, 446 1 5 Rawle, 266, Discharge and Dis- missal, 4493 17 W. N., 279, Admrs. and Excrs., 4115 106 Pa. St., 437, Admrs. and Excrs., 4230, 4276 54 Pa. St., 97, Wills, 3949 I Russ. and Mylne, 539, Trusts and Trustees, 4461 14 Pa. St., 361, Trusts and Trus- tees, 4485 34 Pa. St., 291, Legacies, 4651 10 Pa. St., 242, Conclusiveness of Decrees, 497° I Woodward, 214, Sales, 4737 I Rawle, 386, Legacies, 4651 8 Phila., 23, Discharge and Dis- missal, 4531 Rittenhouse v. Levering, 6 W. and S., 190, Admrs. and Excrs., 4144 Riddle's Estate, Ridgeway v. Toram, Ridgway v. Newstead, Ridgway v. Newstead, Riegel, Thomas v., Riegel's Appeal, Riegel's Appeal, Richie's Appeal, Rigby, Champion v. , Rigler v. Cloud, Riley's Appeal, Rinehart, Keech v., Ringler's Estate, Ripple V. Ripple, Risdon, Comm. v., I002 TABLE OF CASES. Rittenhouse, Levering v., 4 Whar. , 130, Advancements, 4620, 4622, 4624 3 Wharton, 208, Wills, 3947 II Phila., 12, Admrs. and Excrs., 4323 Bright., 479, Guardian and Ward, 4422 II Pa. St., 300, Sales, 4736 41 Pa. St., 46, Admrs. and Excrs., 4169 41 Pa. St., 45, Trusts and Trus- tees, 4452 41 Pa. St., 45, Election, 457° 46 Leg. Int., 210, Jurisdiction, 3923 44 Leg. Int., 472, Sales, 4710 92 Pa. St., 407, Trusts and Trus- tees, 4449 3 Mont. Co. Law. Rep., 212, Admrs. and Excrs., A°59 20 W. N., 380, Exemption, 4588 57 Pa. St., 494, Admrs. and Excrs., 4193 19 Pa. St., 390, Lien of Dece- dent's Debts, 4932 4 Hare, 257, Trusts and Trustees, 4461 I Dist. Rep., 317, Admrs. and Excrs., 4057 36 Pa. St., 174, Trusts ind Trus- tees, 4447 I W. N., 238, Jurisdiction, 3883 Robins et al. v. Quinliven, 79 Pa. St., 333, Wills, 3946, 3947 Robinson's Estate, 12 Phila., 170, Jurisdiction, 3898 7 Phila., 61, Admrs. and Excrs., 4297 5 Phila., 99, Trusts and Trustees, 4452 9 Watts, 169, Guardian and Ward, 4378 12 Jur., 5 ; 17 L. J. Chan., 93; I De., G. & S., 675, Trusts and Trustees, 4461 100 Pa. St., 133, Lien of Dece- dent's Debts, 4932 Ritter, Wells v., Ritter's Estate, Robarts' Appeal, Robb V. Mann, Robb's Appeal, Robb's Appeal, Robb's Appeal, Robb's Estate, Robb's Estate, Roberts' Appeal, Roberts' Estate, Roberts' Estate, Roberts, Holcomb v., Roberts, McCracken v., Roberts v. Tunstall, Robertson's Estate, Robinette's Appeal, Robin's Appeal, Robinson's Estate, Robinson's Estate, Robinson v. Zollinger, Rocke V. Cooke, Rockwell, Colwell v., TABLE OF CASES. lOO' Rodenbach's Appeal, Rodgers, Gilmore v., Rodgers, Gilmore v., Roger's Appeal, Roger's, Comm. v., Roger's Estate, Roland v. Miller, Roland v. Schrack, Romig's Appeal, 102 Pa. St., 572, Admrs. and Excrs., 4278 41 Pa. St., 128, Price Act, 4781, 4788 41 Pa. St., 120, Conclusiveness of Decrees, 4967 II Pa. St., 36, Guardian and Ward, 4423 53 Pa. St., 470, Discharge and Dismissal, 4532 17 W. N., 29, Trusts and Trus- tees, 4452 100 Pa. St., 47, Admrs. and Excrs., 4170 29 Pa. St., 125, Advancements, 4620, 4624 84 Pa. St., 23s, Admrs. and Excrs., 4252 8 Watts, 415, Partition, 4803 26 Pa. St., 67, Trusts and Trus- tees, 4447 6 Lane. Law Review, 290, Juris- diction, 389s I Dist. Rep., 744, Admrs. and Excrs., 4053 107 Pa. St., 231, Partition, 4881 30 W. N., 408, Guardian and Ward, 4426 30 W. N., 408, Bills of Review, 4956 150 Pa. St., 261, Costs, 4982 Roumfort v. McAlarney, 82 Pa. St., 193, Admrs. and Excrs., 4285 31 P. L. J., loi, Trusts and Trustees, 4452 5 Watts, 365, Lien of Decedent's Debts, 4942 5 Watts, 365, Execution, 5022 78 Pa. St., 329 ; 9 Phila., 120, Trusts and Trustees, 4461 78 Pa. St., 329, Conclusiveness of Decrees, 49^7 Romig's Appealj Rosenberger's Appeal, Ross V. Colbach, Ross' Estate, Ross, Evans v.. Roth's Estate, Roth's Estate, Roth's Estate, Roup's Estate, Rowland v. Harbaugh, Rowland v. Harbaugh, Roy V. Townsend, Roy V. Townsend, I004 TABLE OF CASES. Royal Saxon, Taylor v., i Wallace, Jr., C. C. Rep., 311, Partition, 4807 40 Leg. Int., 171, Execution, 4990 15 Pa. St., 87, Execution, 5017 42 Leg. Int., 56, Admrs. and Excrs., 4281 I Sim., N. S., 115 ; 15 Jur., 162, Trusts and Trustees, 4461 Rudebaugh v. Rudebaugh, 72 Pa. St., 271, Wills, 3949 20 W. N., 241, Trusts and Trus- tees, 4449 9 Pa. St., 224, Conclusiveness of Decrees, 4967, 4970, 4971 64 Pa. St., 432, Trusts and Trus- tees, 446 1 27 Pa. St., 121, Exemption, 4592 100 Pa. St., 531, Election, 457° I W., no. Trusts and Trustees, 4461 12 Pa. St., 375, Trusts and Trus- tees, 4450 119 Pa. St., 12, Lien of Dece- dent's Debts, 4933 16 How. (U. S.), 547, Bills of Review, 495 2 25 P. L. J., 186, Trusts and Trus- tees, 4452 19 W. N., 256, Coll. Inher. Tax, 4562 7 W. N. , 534, Guardian and Ward, 4423 4 W. & S., 501, Trusts and Trus- tees, 4447 4 Phila., 87, Admrs. and Excrs., 4218 25 Pa. St., 457, Lien of Dece- dent's Debts, 4932 4 Watts, 367, Lien of Decedent's Debts, 4934 4 S. & R., 329, Advancements, 4621 4 W. & S., 86, Partition, 4832 4 W. & S., 86, Execution, 4989. Royal's Estate, Royer v. Myers, Ruckstuhl's Estate, Rudall, Simmons v. Rudy's Appeal, Ruffner, Welty v., Ruland, Church v., Runyan's Appeal, Rupp's Appeal, Rush V. Barr, Rush's Estate, Rushton V. Lippincott, Russell, Southard v., Russell's Estate, Russell's Estate, Rutherford v. Comm., Saeger v. Wilson, Sage, Schott v. , Sample v. Barr, Sample, Speer v. , Sampson v. Sampson, Sampson's Appeal, Sampson's Appeal, TABLE OF CASES. 1005 18 W. N. , 240, Adtnrs. and Excrs., 4257 19 Pa. St., 248, Lien of Decedent's .Debts, 4931 55 Pa. St., 491, Partition, 4841 1 W. & S., 390, Advancements, 4620 6 W. & S., 18, Trusts and Trus- tees, 4447 2 Pa. St., 157, Admrs. and Excrs., 4051 138 Pa. St., 338, Legacies, 4651 3 Whar., 444, Admrs. and Excrs., 4052 6 W. N. , 95, Trusts and Trustees, 4457 31 Pa. St., 410; 46 Pa. St., 83, Trusts and Trustees, 4461 Saving Fund, McElroy v., 19 W. N., 289, Admrs. and Excrs., 4033 Savings Co. v. Vincent, 105 Pa. St., 315, Jurisdiction, 3844 Sampson's Estate, Sanders v. Wagonseller, Sankey's Appeal, Sarbach, Haverstock v., Sarber, Fisk v. , Sarkie's Appeal, Sauer v. Mollinger, Saulnier's Estate, Sauter's Estate, Savage, Brock v. , Sawyer v. Hicks, Say V. Barnes, Say V, Barnes, Sayre v. Helme, Scates, Kay v., Schadewald's Estate, Schafer v. Eiieu, Schaeffer's Appeal, Schaeffer's Appeal, Schall's Appeal, Schaufuss' Estate, Scheidt's Estate, Schenck's Estate, 6 Watts, 76, Admrs. and Excrs., 4221 4 S. & R., 112, Guardian and Ward, 4422, 4423, 4426 4 S. & R., 112, Trusts and Trus- tees, 4452 61 Pa. St., 299, Admrs. and Excrs., 419° 37 Pa. St., 31, Wills, 3946 6 W. N., 96, Execution, 4993 54 Pa. St., 304, Wills, 3949 I Pitts., 358, Trusts and Trustees, 4452 119 Pa. St., 640, Bills of Review, 4957 40 Pa. St., 170, Partition, 4871 5 Kulp, 275, Admrs. and Excrs., 4109 I Leg. Chron., 25, Trusts and Trustees, 4452 4 W. N., 511, Jurisdiction, 3849 Schlegel, Miltenberger z/. , 7 Pa. St., 241, Legacies, 4652 Schmehl's Appeal, 8 Atlan. Rep., 874, Jurisdiction, 3899 Schmehl's Appeal, 8 Atlan. Rep., 874, Legacies, 4652 Schneider's Appeal, 16 Pa. St., 408, Advancements, 4623 ioo6 TABLE OF CASES. Schnurman's Appeal, School Directors, Kings- ley v., Schott V. Sage, Schott's Estate, Schrack, Roland v., Schuenzel v. Hospital, Schurr's Estate, Schwartz's Estate, Schwilke's Appeal, Scott V. Jailer, Scott, Landis v., Scott, Landis v., Scott's Estate, Scott's Estate, Schreck's Estate, Schug's Appeal, Schwartz's Estate, Scudder, Smith v., ScuUin's Estate, Seagraves' Appeal, Seagrist's Appeal, Searly's Appeal, Seaton's Appeal, Seaver's Estate, 15 W. N., 280, Trusts and Trus- tees, 4444 2 Pa. St., 28, Trusts and Trustees, 4459 4 Phila., 87, Adnirs. andExcrs., 4218 33 Leg. Int., 92 ; 11 Phila., 120; 2 W. N., 398, Trusts and Trustees, 4444 29 Pa. St., 125, Advancements, 4620, 4624 12 W. X., 78, Trusts and Trus- tees, 4444 13 Phila., 353, Trusts and Trus- tees, 4457 14 Pa. St., 42, Lien of Decedent's Debts, 4932 100 Pa. St., 630, Admrs. and Excrs., 4110,4117 1 Grant, 237, Execution, 4988 32 Pa. St., 495, Admrs. and Excrs., 4291 32 Pa. St., 495, Trusts and Trus- tees, 4449, 4455 2 Phila., 135, Exemption, 4579 4 Phila., 178, Sales, 4737 II Luz. Leg. Reg., 211, Lien of Decedent's Debts, 4927 14 W. X., 49, Sales, 4737 35 Leg. Int., 153, Sales, 4737 II S. & R., 325, Partition, 4844 45 Leg. Int., 104, Exemption, 4580 125 Pa. St., 362, Wills, 3967 10 Pa. St., 424, Advancements, 4630 38 Pa. St., 525, Trusts and Trus- tees, 4449 34 Leg. Int., 87, Admrs. and Excrs., 4270 11 Phila., I, Guardian and Ward, 4401, 4420 TABLE OF CASES. 1007 Seeker's Estate, Seeger, Bowes v. , Seeger's Estate, SefTs Appeal, Seguin's Appeal, Seibert's Appeal, Seibert's Appeal, Seibert's Appeal, Seibert's Appeal, Seibert's Appeal, Seidler's Estate, Seiger, Reigle v., Seiger's Estate, Seely v. Seely, Seiders v. Giles, Seitzinger v. Fisher, Seitz's Appeal, Selby, Coulter v., Selfridge's Appeal, Selin, Richter v., Selleck's Appeal, Seller's Estate, Semple's Estate, Senseman's Appeal, Sergeant v. Ewing, Sergeant v. Ewing, 3 W. N., 391, Guardian and Ward, 4429 8 W. & S., 222, Trusts and Trus- tees, 44S9 6 W. N., 369, Admrs. and Excrs., 4318 9 Atlan. Rep., 282, Guardian and Ward, 4373 103 Pa. St., 139, Guardian and Ward, 4423, 4424, 4434, 4435 19 Pa. St., 49, Jurisdiction, 3844 19 Pa. St., 49, Guardian and Ward, 4420 19 Pa. St., 49, Trusts and Trus- tees, 4468 no Pa. St., 329, Coll. Inher. Tax, 4562 73 Pa. St., 361, Execution, 5002 5 Phila., 85, Trusts and Trustees, 4450 2 P. & W., 340, Partition, 4886 19 W. N., 404, Jurisdiction, 3893 44 Pa. St., 434, Wills, 3942 141 Pa. St., 93, Partition, 4807 I W. & S., 293, Lien of Dece- dent's Debts, 4922 87 Pa. St., 159, Guardian and Ward, 4401 39 Pa. St., 358, Lien of Dece- dent's Debts, 4932 9 W. & S., 55, Partition, 4798 8 S. & R., 440, Sales, 4736 16 W. N., 370, Guardian and Ward, 4420, 4423, 4435 82 Pa. St., 153, Exemption, 4586 33 P. L. J., 267, Trusts and Trustees, 445 7 21 Pa. St., 331, Guardian and Ward, 4367 30 Pa. St., 75, Jurisdiction, 3891 30 Pa. St., 75, Admrs. and Excrs., 4257 ioo8 TABLE OF CASES. Sergeant, IngersoU v., i Wharton, 337, Partition, 4808 Sergeant's Heirs v. Ewing, 36 Pa. St., 156, Lien of Dece- dent's Debts, 4932 II Phila., 310, Lien of Dece- dent's Debts, 4926 Severn, Comm. v., Sewickley Borough v. Sholes, Seyfert's Estate, Seyferi's Estate, Seymour v. Hubert, Shaffer, Maule v., Shaffer v. Shaffer, Shaffer's Appeal, 118 Pa. St., 165, Coll. Inher. Tax, 4562 3 W. N., 565; 9 Phila., 320; Trusts and Trustees, 4444 3 V/. N., 565, 9 Phila., 320, 4485 83 Pa. St., 346, Lien of Dece- dent's Debts, 4936 2 Pa. St., 404, Admrs. and Excrs., 4183 50 Pa. St., 394, Jurisdiction, 3883 46 Pa. St., 131, Admrs. and Excrs., 4318 Shakespeare ». Fidelity Co., 8 W. X., 92, Admrs. and Excrs., 4063 Shakespeare ». Fidelity Co., 97 Pa. St., 173, Admrs. and Excrs. , 4063 Shakespeare zf. Fidelity Co., 97 Pa. St., 173, Coll. Inher. Tax, 4562 Shalter's Appeal, 43 Pa. St., 83, Admrs. and Excrs., 4221 Shalters v. Ladd, 141 Pa. St., 349, Wills, 3947 Shannon, Fesmire v., 143 Pa. St., 201 ; 29 W. X., 37, Admrs. and Excrs., 4187 2 Watts, 71, Admrs. and Excrs., 4171 132 Pa. St., 375, Lien of Dece- dent's Debts, 4926 1 Phila., 299, Guardian and Ward, 4426 5 W. X., 534, Trusts and Trus- tees, 4458 2 Phila., 276, Discharge and Dis- missal, 4528 72 Pa. St., 360, Admrs. and Excrs., 4183 6 Phila., 153, Price Act, 4782 35 Leg. Int., 375, Admrs. and Excrs. , 4q6o 87 Pa. St., 163, Admrs. and Excrs., 41 15 Shannon, Gees v.. Shannon v. Xewton Shannon's Estate, Sharkey's Appeal, Sharkey's Estate, Sharp, Murray v., Sharpe, £x Parte, Sharpe's Appeal, Sharpe's Appeal, TABLE OF CASES. 1009 Sharpe's Estate, Sharpe's Estate, Sharpe's Estate, Sharpe's Estate, Sharps' Estate, Shauffler v. Stoever, Shaw V. McCameron, Shaw's Estate, Sheaff V. James, Sheaffer, Strickler v., Sheaffer's Appeal, Sheaffer' s Appeal, Shearer v. Brinley, Shearer, Evans v., Shearer's Appeal, Sheetz's Estate, Sheetz's Appeal, Sheetz's Appeal, Shelby v. Dailey, Sheldon, Moss v., Shelley, Wolfe v., Shelmerdine's Appeal, Shenk, Hershey v. , Shenk v. Shenk, Shermer's Appeal, Shertzerw. Herr, Shewen v. Vanderhorst, 2 Phila., 280, Guardian and Ward, 4420 2 Phila., 280, Trusts and Trus- tees, 4449 II Phila., 92, Trusts and Trus- tees, 4452 37 Leg. Int., 234, Advancements, 4629 2 W. N., 631, Admrs. and Excrs., 4259 4 S. & R., 202, Admrs. and Excrs., 4163 II S. & R., 252, Trusts and Trus- tees, 4469 9 Phila., 347, Execution, 4997 2 W. N., 507, Admrs. and Excrs., 4217 5 Pa. St., 240, Jurisdiction, 3867 8 Pa. St., 38, Jurisdiction, 3867 8 Pa. St., 38, Legacies, 4646 76 Pa. St., 300, Lien of Dece- dent's Debts, 4926 107 Pa. St., 231, Partition, 4846 96 Pa. St., 61, Partition, 4865 52 Pa. St., 257, Wills, 3949 100 Pa. St., 201, Admrs. and Excrs., 4288 100 Pa. St., 198, Costs, 4981 2 S. & R., 548, Admrs. and Excrs., 4218 3 W. & S., 160, Wills, 3947 I Rep., 88, Wills, 3941 14 W. N., 450, Admrs. and Excrs., 4281 58 Pa. St., 382, Lien of Decedent's Debts, 4926 150 Pa. St., 521, Legacies, 4647 44 Pa. St., 39, Conclusiveness of Decrees, 4967 19 Pa. St., 34, Partition, 4883 I Russ. & Mylne, 347, Trusts and Trustees, 4461 lOIO TABLE OF CASES. Shields, Pass. Railway Co. v., Shilling's Appeal, Shillington v. Good, Shindel's Appeal, Shipe's Appeal, Shippen v. Burd, Shippen v. Clapp, Shipton's Estate, Shirk, Reinoehl v., Shisler's Estate, Shisler's Estate, Shisler's Estate, Shiver's Estate, Shoch's Estate, Shoemaker's Appeal, Shoemaker's Appeal, Shoenberger's Estate, Shoenberger's Estate, Sholes, Sewickley Bor- ough z/., ii8 Pa. St., 165, Coll. Inher. Tax, 4562 ShoUenberger's Appeal, 21 Pa. St., 337, Jurisdiction, 3847 Shollenberger's Appeal, 21 Pa. St., 337, Guardian and Ward, 4434 21 Pa. St., 337, Execution, 5005 57 Pa. St., 356, Admrs. and Excrs., 4055 5 W. & S., 373, Lien of Decedent's Debts, 4926 3 Brews., 257, Trusts and Trus- tees, 4447 I Pa. St., 90, Trusts and Trustees, 4485 95 Pa. St., 25, Trusts and Trus- tees, 4444 57 Pa. St., 43, Admrs. and Excrs., 4318 114 Pa. St., 205, Admrs. and Excrs., 4142 42 Pa. St., 461, Coll. Inher. Tax, 4563 36 Pa. St., 89, Admrs. and Excrs., 4264 30 P. L. J., 20, Jurisdiction, 3895 119 Pa. St., 108, Wills, 3946 20 W. N. , 334, Jurisdiction, 3894 20 W. N., 334, Admrs. and Excrs., 4275 4 W. N., 156, Sales, 4709 12 W. N., 462, Trusts and Trus- tees, 4458 II W. N., 288, Admrs. and Excrs., 4236 91 Pa. St., 134, Trusts and Trus- tees, 4444 91 Pa. St., 134, Discharge and Dis- missal, 4500 27 W. N., 129, Admrs. and Excrs., 4108 27 W. N., 129, Conclusiveness of Decrees, 4967 Shollenberger's Appeal, Shomo's Appeal, Shorman v. Bank, TABLE OF CASES. lOII Shore's Estate, Shorter v. Smith, Shorter v. Smith, Short's Estate, lo W. N., 572, Jurisdiction, 3921 56 Ala., 208, Admrs. and Excrs., 4241 56 Ala., 208, Trusts and Trustees, 4461 16 Pa. St., 63, Coll. Inher. Tax, 4562, 4563 12 S. & R., 9, Partition 4871 27 Pa. St., 123, Jurisdiction, 3903 7 Pa. St., 136, Admrs. and Excrs., 4265 12 W. N., 462, Trusts and Trus- tees, 4458 80 Pa. St., 396, Wills, 3937 27 Pa. St., 64, Trusts and Trustees, 4447 83 Pa. St., 38, Exemption, 4588 2 Pa. St., 304, Trusts and Trus- tees, 4452 153 Pa. St., 345, Admrs. and Excrs., 4232 2 Monaghan, 23, Advancements, 4624 I Penny, 191, Admrs. and Excrs., 4053 5 W. & S., 400, Advancements, 4620 I Woodward's Dec, 77, Juris- diction, 3897 14 W. N., 259, Discharge and Dismissal, 4521 95 Pa. St., 380, Trusts and Trus- tees, 4461 7 W. & S., 244, Admrs. and Excrs., 4060 Silverthorn v. McKinster, 12 Pa. St., 67, Trusts and Trus- tees, 4447 20 W. N., 389, Trusts and Trus- tees, 4449 20 W. N., 389, Exemption, 4588 17 W. N., 447, Exemption, 4586 19 Pa. St., 439, Sales, 4737 3 Phila., 172, Admrs. and Excrs., 4100 140 Pa. St., 567, Sales, 4678, 4682 I Sim. N. S., 115; 15 Jur., 162, ' Trusts and Trustees, 4461 Shoupe V. Shoupe, Shoutz V. Brown, Show V. Conway, Shriver's Estate, Shultz's Appeal, Shuman's Appeal, Shumate v. McGarity, Shunk's Appeal, Sibbs V. Fund Society, Sickler's Appeal, Sieber's Appeal, Siegfried, Christman v., Siegfried's Estate, Silberman's Estate, Sill, Christy v.. Sill V. McKnight, Silvius' Estate, Silvius' Estate, Silvius' Estate, Simmond's Estate, Simmon's Estate, Simmon's Estate, Simmons v. Rudall, IOI2 Simon v. Albright, Simon's Appeal, Simon's Appeal, Simpson, Thomas v., Simpson's Appeal, Simpson's Appeal, Simpson's Estate, TABLE OF CASES. 12 S. & R., 429, Admrs. and Excrs., 4194 19 W. N. , 94, Guardian and Ward, 4420 19 W. N., 94, Costs, 4982 3 Pa. St., 60, Jurisdiction, 3881 18 W. N., 175, Guardian and Ward, 4423, 4424, 4426 18 W. N., 175, Bills of Review, 4956 22 W. N., 172, Exemption, 4580 Sinderling, Dilworth v., 1 Binn., 488, Trusts and Trustees, 4458 Single's Appeal, Single's Appeal, Sipe, Tospon v., Skelton, Moore v., Skinner's Estate, Slaymaker v. Bank, Slifer's Estate, Small, Brookhart v., Small V. Comm., Small, Greenough v., Small, Rau v., Small, Rau v., Small's Appeal, Small's Estate, Small's Estate, Small's Estate, Smethurst's Estate, Smith, In Re, 59 Pa. St., 55, Admrs. and Excrs., 4055 3 Brews., 160, Sales, 4710 116 Pa. St., 588, Partition, 4885 14 Pa. St., 359, Lien of Dece- dent's Debts, 4931 4 Phila., 189, Trusts and Trus- • tees, 4452 103 Pa. St., 616, Admrs. and Excrs., 4234 4 Phila., 225, Trusts and Trus- tees, 4452 7 W. & S., 229, Legacies, 4652 8 Pa. St., loi, Admrs. and Excrs., 4218 47 Leg. Int., 454, Sales, 4736 144 Pa. St., 304, Jurisdiction, 3846 144 Pa. St., 304, Guardian and Ward, 4424 23 W. N., 20, Partition, 4807 24 W. N., 92, Guardian and Ward, 4423, 4435 144 Pa. St., 293, Guardian and Ward, 4424 30 W. N., 521, Coll. Inher. Tax, 4562 43 Leg. Int., 153, Trusts and Trustees, 4455 6 Phila., 104, Wills, 4000 TABLE OF CASES. Smith, Beatty v., Smith V. Black, Smith V. Carroll, Smith V. Carroll, Smith, Comm. v., Smith, Comm. v.. Smith, Comm. v., 1013 4871 4 Yeates, 102, Partition, 9 Pa. St., 308, Discharge and Dis- missal, 4528 112 Pa. St., 390, Admrs. and Excrs., 4188, 4222 112 Pa. St., 390, Legacies, 4652 4 Phila., 270, Admrs. and Excrs., 4300 4 Phila., 270, Discharge and Dis- 4507 missal. 20 Pa. St., 104; 5 Pa. St., 142, Coll. Inher. Tax, 4562 83 Pa. St., 242, Wills, 3947 26 Pa. St., 95, Lien of Dece- dent's Debts, 4933 4 Wh., 126, Wills, 3959 13 S. & R. , 309, Trusts and Trus- tees, 4449 II S. & R., 325, Partition, 4844 56 Ala., 208, Admrs. and Excrs., 4241 56 Ala., 208, Trusts and Trustees, 4461 68 Pa. St., 158, Trusts and Trus- tees, 4461 32 Pa. St., 434, Price Act, 4783 19 Pa. St., 424, Lien of Dece- dent's Debts, 4932 23 Pa. St., 9, Wills, 3955 30 Pa. St., 397, Guardian and V.'ard, 442 1 30 W. N. , 204, Admrs. and Excrs., 4302 4 Phila., 377, Admrs. and Excrs., 4305 14 W. N., 93, Guardian and Ward, 4422 8 C. C, 539; 47 Leg. Lit., 318, Trusts and Trustees, 4449 Smyser, Eichelberger v., 8 Watts, 181, Conclusiveness of Decrees, 4962 Smyser, Eichelberger v., 8 Watts, 183, Execution, 5017 Smyth, McBride v., 54 Pa. St., 245, Wills, 3959 Smith V. Coyle, Smith V. Grim, Smith, Hamersley v., Smith, Lamberton v., Smith V. Scudder, Smith, Shorter v.. Smith, Shorter v., Smith V. Tome, Smith V. Townsend, Smith V. Warden, Smith's Appeal, Smith's Appeal, Smith's Estate, Smith's Estate, Smith's Estate, Smith's Estate, IOI4 TABLE OF CASES. Smyth V. Neill, Snevily v. Wagner, Snevily v. Wagner, Snively's Estate, Snodgrass' Appeal, Snodgrass' Appeal, Snowdon, Comm. v., Snyder, Hepburn v. , Snyder v. Markel, Snyder v. Markel, Snyder's Appeal, Snyder's Appeal, Snyder's Appeal, Snyder's Appeal, Snyder's Appeal, Soles V. Hickman, Soley's Estate, Solliday v. Gruver, Somerville, Fogelsonger v. Somerville, Fogelsonger v. Somers' Estate, Sourin's Estate, Sourin's Estate, Southard v. Russell, Spangler v. Rambler, Spangler's Appeal, Spangler's Estate, I W. N., 43, Price Act, 4788 8 Pa. St., 396, Partition, 4846 8 Pa. St., 396, Conclusiveness of Decrees, 4967 129 Pa. St., 250, Partition, 4871 37 Pa. St., 377, Guardian and Ward, 4423 96 Pa. St., 420, Sales, 474o I Brewster, 218, Execution, 4993 3 Pa. St., 72, Lien of Decedent's Debts, 4921 8 Watts, 416, Sales, 4705 8 Watts, 416, Conclusiveness of Decrees, 4967 95 Pa. St., 174, Wills, 3955 92 Pa. St., 504, Wills, 3959 54 Pa. St., 67, Trusts and Trus- tees, 4452 75 Pa. St., 191, Legacies, 4651 36 Pa. St., 166, Partition, 4804 29 Pa. St., 342, Lien of Dece- dent's Debts, 4933 5 Leg. Gaz., 93, Guardian and Ward, 4420 7 Pa. St., 452, Legacies, 4651 , 6 S. & R., 267, Partition, 4846 ,6S. & R., 267, Conclusiveness of Decrees, 4966 9 W. X., 559, Exemption, 4585, 4587 32 Leg. Int., 40, Trusts and Trustees, 4447 II Phila., 14, Trusts and Trus- tees, 4449, 445 7 16 How. (U. S.), 547, Bills of Review, 4952 4 S. & R., 192, Partition, 4828 24 Pa. St., 424, Partition, 4868 21 Pa. St., 335, Trusts and Trus- tees, 4449 TABLE OF CASES. IOI5 Speer v. Sample, 4 Watts, 367, Lien of Decedent's Debts, 4934 107 Pa. St., 18, Exemption, 4580 5 C. C, 494, Exemption, 4580 114 Pa. St., 618, Price Act, 4782 27 Pa. St., 218, Exemption, 4582 26 Pa. St., 233, Exemption, 4580 16 W. N. , 402, Trusts and Trus- tees, 4452 71 Pa. St., 398, Admrs. and Excrs., 4217, 4218 III Pa. St., 274, Jurisdiction, 3S99 4 W. Nj, 23, Trusts and Trustees, 4450 29 Pa. St., 208, Advancements, 4634 III Pa. St., 228, Legacies, 4651 51 Pa. St., 342, Trusts and Trus- tees, 445° II Phila. , no, Admrs. and Excrs., 4225 90 Pa. St., 477, Costs, 4980 10 Ves., Jr., 453, Admrs. and Excrs., 4241 10 Ves., Jr., 453, Trusts and Trustees, 4461 Stadelraan v. Trust Co., 35 Leg. Int., 366, Lien of Dece- dent's Debts, 4936 26 Pitts. L. J., 113, Jurisdiction, 3871 55 Pa. St., 364, Discharge and Dismissal, 4494 28 P. L. J., 131, Costs, 4985 135 Pa. St., 587, Wills, 3943 8 Pa. St., 431, Guardian and Ward, 4426, 4433 8 Pa. St., 431, Trusts and Trus- tees, 4449 7 W. N., 18, Guardian and Ward, 4378 26 W. N., 237, Advancements, 4627 Speidel's Appeal, Spence's Estate, Spencer v. Jennings, Spencer's Appeal, Spiers' Appeal, Sprenkle's Appeal, Springer, Arundel v., Springer's Appeal, Springer's Appeal, Springer's Appeal, Springer's Appeal, Springer's Estate, Squire's Estate, Stack, O'Hara v., Stackhouse v. Barnston, Stackhouse v. Barnston, Stahlman's Estate, Stair V. Bank, Staley v. Oiler, Stambaugh's Estate, Stanley's Appeal, Stanley's Appeal, Stanton's Estate, Starr's Appeal, State of Connecticut v, Jackson, I John. Ch., 13, Admrs. and Excrs., 4291 ioi6 TABLE OF CASES. Stacy V. Rice, Stauflfer, Comm. v., Stearly's Appeal, Stearly's Appeal, Steckel v. Koons, Steel V. Henry, Steele v. Lineberger, Steel's Appeal, Steel's Appeal, Steel's Estate, Steffy's Appeal, Steiner v. Kolb, Stell's Appeal, Stephens v. Cotterell, Stephens' Appeal, Stephen's Estate, Stephen's Estate, Stern, Helfrich v.. Stern's Appeal, Stern's Appeal, Sterrett's Appeal, Sterrett's Appeal, Stephens, Dobbins v., Stevenson's Appeal, Stevenson's Estate, Stevenson's Estate, 27 Pa. St., 75, Wills, 3942, 39S9 10 Pa. St., 350, Wills, 3966 3 Grant, 270, Jurisdiction, 3844 3 Grant, 270, Trusts and Trus- tees, 4462, 4479 102 Pa. St., 493, Partition, 4887 9 Watts, 523, Lien of Decedent's Debts, 4922, 4929 59 Pa. St., 308, Lien of Dece- dent's Debts, 4932 47 Pa. St., 437, Legacies, 4653 86 Pa. St., 222, Partition, 4793 9 W. X., 274, Exemption, 45'79 76 Pa. St., 94, Sales, 4704, 4709 57 Pa. St., 123, Wills, 3942 10 Pa. St., 149, Trusts and Trus- tees, 4459 99 Pa. St., 192, Admrs. and Excrs., 4185 8 W. & S., 188, Sales, 4736 18 W. N., 286, Admrs. and Excrs., 4241 18 W. N., 286, Trusts and Trus- tees, 4461 17 Pa. St., 144, Execution, 5°i3 95 Pa. St., 504, Admrs. and Excrs., 4269 5 Wh., 472, Guardian and Ward, 4424 2 P. & W., 419, Admrs. and Excrs., 4297 2 P. & W., 419, Trusts and Trus- tees, 4452 17 S. & R., 13, Trusts and Trus- tees, 4447 8 Phila., 309 ; 68 Pa. St., loi. Trusts and Trustees, 4485 4 Whart., 98, Trusts and Trus- tees, 4452 7 W. X., 65, Execution, 4993 TABLE OF CASES. 1017 3948 Stewart v. Renower, 7 W. & S., 288, Wills, Stewart v. Montgomery, 23 Pa. St., 410, Lien of Dece- dent's Debts, 4933 4W., 169, Admrs., and Excrs., 4221 no Pa. St., 410, Admrs. and Excrs., 4147,4272,4281 56 Pa. St., 241, Partition, 4807 137 Pa. St., 175, Admrs. and Excrs., 4145 6 W. N., 434, Admrs. and Excrs., 4305 3 W. N., 476, Guardian and Ward, 4428 3 W. N., 332, Legacies, 4649 I Pa. St., 215, Lien of Decedent's Debts, 4935 31 W. N., 252, Admrs. and Excrs., 4170 4 W. N., 42, Wills, 3963 26 Pa. St., 422, Coll. Inher. Tax, 4562, 4563 56 Pa. St., 157, Partition, 4807, 4846 56 Pa. St., 9, Sales, 4706, 4709, 4735 4 S. & R., 201, Admrs. and Excrs., 4055 4 S. & R., 202, Admrs. and Excrs., 4163 19 Pa. St., 476, Admrs., and Excrs., 4321 19 Pa. St., 477, Costs, 4980 Stokes, Penna. Co., etc. &., 61 Pa. St., 136, Election, 457° Stoner z/. Stroman, 9 W. & S., 85, Lien of Dece- dent's Debts, 4935 23 W. N., 283, Guardian and Ward, 4423. 4435 8 S. & R., 167, Partition, 4846 8 S. & R., 173, Conclusiveness of Decrees, 4966 83 Pa. St., 89, Advancements, 4619, 4633 14 W. N., 406, Jurisdiction, 3904 Stewart v. Moody, Stewart's Appeal, Stewart's Appeal, Stewart's Estate, Stewart's Estate, Stewart's Estate, Stewart's Estate Stiles V. Brock, Still's Estate, Stille's Appeal, Stinger v. Comm., Stitt, Thompson v., Stiver's Appeal, Stoever v. Ludwig, Stoever, Shauffler v., Stokeley's Estate, Stokely's Estate, Stone's Appeal, Stoolfoos V. Jenkins, Stoolfoos V. Jenkins, Storey's Appeal, Storey's Estate, ioi8 TABLE OF CASES. i6 W. N., 571, Exemption, 4592 88 Pa. St., 198, Guardian and Ward, 4425 21 W. N., 187, Wills, 3939 134 Pa. St., 96, Sales, 4705 5 Wh., 568, Guardian and Ward, 4420 5 Wharton, 386, Wills, 3999 5 Pa. St., 240, Jurisdiction, 3867 33 Leg. Int., 101 ; 2 W. N., 409, Trusts and Trustees, 4469 52 Pa. St., 181, Coll. Inher. Tax, 4563 9 Watts, 479, Admrs. and Excrs., 4194 3 P. & W., 505, Partition, 4803 9 W. & S., 85, Lien of Decedent's Debts, 493S 17 W. N., 13, Guardian and Ward, 4426 II Pa. St., 150, Admrs. and Excrs., 4218 53 Pa. St., 132, Coll. Inher. Tax, 4562 Stump V. Lessee of Findlay, 2 Rawle, 168, Wills. 3947 Summerville, Jackson v., 13 Pa. St., 359, Bills of Review, 4955 Suplee's Estate, 17 W. N., 29, Trusts and Trus- tees, 4489 5 Watts, 540, Admrs, and Excrs., 4180 112 Pa. St., 598, Partition, 4843 54 Pa. St., 455, Partition, 4823 54 Pa. St., 455, Partition, 4817 I Dist. Rep., 579, Coll. Inher. Tax, 4562 5 Pa. St., 377, Trusts and Trus- tees, 4449 Swearinger ». Pendleton, 4 S. & R., 389, Admrs. and Excrs., 4272 Swift's Excr. v. Beneficial Society, 73 Pa. St., 362, Wills, 3936 Swoope's Appeal, 27 Pa. St., 58, Advancements, 4631 Swoope's Appeal, 27 Pa. St., 58, Legacies, 4651, 4653 Taggart's Case, i Ashmead, 321, Admrs. and Excrs., 4035 Storey's Estate, Stoughton's Appeal, Stout's Estate, Strange v. Austin, Straw-bridge's Appeal, Strickler v. Groves, Strickler v. Sheaffer, Strobel's Estate, Strode v. Comm. , Stroehecker, Comm. v., Strohoecker, Feather v., Stroman, Stoner v., Stryker's Estate, Stub, Comm. v., Stump, Comm. v., Sutton, Grace v. , Sutton's Appeal, Swain v. Fidelity Co., Swain v. Trust Co., Swann's Estate, Swayer's Appeal, TABLE OF CASES. IOI9 Taggart's Case, Tainter, Warder v., Tams V. Wardle, Tarr's Estate, Tasker's Estate, Tassey v. Church, Tatem, Evans v., Tatham v. Rainey, Taylor v. Birmingham, Taylor, Elmendorf t". , Taylor v. Hoyt, Taylor, McKnight v., Taylor, McKnight v., Taylor, McKnight v., Taylor v. Mitchell, Taylor, Price v., Taylor v. Royal Saxon, Taylor v. Taylor, Taylor's Appeal, Taylor's Appeal, Taylor's Appeal, Taylor's Appeal, Taylor's Appeal, Taylor's Estate, Taylor's Estate, Taylor's Estate, Teafs Estate, I Ashmead, 321, Discharge and Dismissal, 4523 4 Watts, 270, Lien of Decedent's Debts, 4934 5 W. & S., 223, Execution, 5021 20 W. N., 320, Costs, 4982 5 W. N., 477, Jurisdiction, 3886 4 W. & S., 346, Admrs. and Excrs., 4279 9 S. & R., 252, Admrs. and Excrs., 4190 82 Pa. St., 270, Jurisdiction, 3881 29 Pa. St., 306, Jurisdiction, 3881 10 Wheat., 152, Trusts and Trus- tees, ,4461 15 Atlan. Rep., 892, Price Act, 4783, 4788 I Howard, 161, Guardian and Ward, 4426 I Howard, 161, Trusts and Trus- tees, 4461 I Howard, 161, Bills of Review, 4955 57 Pa. St., 209, Wills, 3934 28 Pa. St., 95, Wills, 3946 I Wallace, Jr., C. C. Rep., 311, Partition, 4807 63 Pa. St., 481, Wills, 3947 47 Pa. St., 36, Wills, 3997 21 W. N., 356, Trusts and Trus- tees, 4449 20 W. N., 238, Trusts and Trus- tees, 4488 119 Pa. St., 297, Partition, 4898 21 W. N., 357, Costs, 4982 26 W. N., 576, Guardian and Ward, 4366 11 W. N., 192, Sales, 4710 48 Leg. Int., 25, Costs, 4982 26 W. N., 310, Costs, 4982 I020 TABLE OF CASES. Terry's Appeal, Thackray's Appeal, 55 Pa. St., 346, Exemption, 4580 75 Pa. St., 132, Guardian and Ward, 4424 58 Pa. St., 500, Coll. Inher. Tax, 4562 12 W. N., 533, Coll. Inher. Tax, 4562 Tharp v. Comm., Thayer v. Comm., The Board of Domestic Missions, Powell v., 49 Pa. St., 46, Wills, The Old Man's Home v. Penna. Institute, 17 W. X., 171, Wills, The Overseers, Hamilton z;. , 1 2 Pa. St., 147, Jurisdiction, Theis' Estate, 3947 3931 3867 26 W. N., 302 ; 47 Leg. Int., 234, Trusts and Trustees, 4444 I Yeates, 40, Execution, 4993 152 Pa. St., 63, Exemption, 4573, 4580 3 W. N., 96, Sales, 473^ 4 Kulp, 445, Execution, 4992 89 Pa. St., 154, Lien of Dece- dent's Debts, 4943 5 Rawle, 266, Discharge and Dismissal, 4493 3 Pa. St., 60, Jurisdiction, 3881 56 Pa. St., 157, Partition, 4807, 4846 Thompson v. Trust Co., 21 AV. N., 572, Trusts and Trus- tees, 4450 103 Pa. St., 603, Jurisdiction, 3852 36 Pa. St., 418, Exemption, 4580 42 Pa. St., 345, Advancements, 4620, 4626 60 Pa. St., 177, Lien of Dece- dent's Debts, 4933 5 W. N., 14, Coll. Inher. Tax, 4563 35 Pa. St., 47, Price Act, 4788 105 Pa. St., 173, Wills, 3964 5Phila., 100, Exemption, 4588 24 P. L. J., 158, Trusts and Trus- tees, 4452 114 Pa. St., 611, Guardian and Ward, 4423 5 Wharton, 44, Jurisdiction, 3849 Thomas v. Cummins, Thomas' Estate, Thomas' Estate, Thomas' Estate, Thomas, Hunsecker v. Thomas v. Riegel, Thomas v. Simpson, Thompson v. Stitt, Thompson's Appeal, Thompson's Appeal, Thompson's Appeal, Thomson, Leiper v. , Thomson's Estate, Thorn's Appeal, Thunder, Bovvlby v., Tibbin's Estate, Tiernan's Estate, Tiers, Johns v., Tilghman's Estate, TABLE OF CASES. 1021 Titlow's Estate, Tobin's Estate, Todd V. Todd, Todd's Appeal, Tome, Smith v., Tome's Appeal, Tome's Appeal, Tomlinson, Biddle v., Toner's Estate, Toomey's Estate, Toram, Ridge way v., Torrance v. Torrance, Torrance v. Torrance, Tospon V. Sike, Tower's Appropriation, Townsend, Roy v., Townsend, Roy v., Townsend, Smith v., Townsend's Appeal, Excrs., 4188 Townshend v. Townshend, i Cox, 28, Trusts and Trustees, 4461 Township v. Marshall, 138 Pa. St., 570, Legacies, 4647 4 W. & S., 557, Guardian and Ward, 4424 4 W. & S., 557, Trusts and Trus- tees, 4461 137 Pa. St., 53, Wills, 3955 43 Pa. St., 511, Admrs. and Excrs., 41 7 1 141 Pa. St., 170, Partition, 4912 34 Pa. St., 42, Partition, 4807, 4823, 4845, 4909 34 Pa. St., 42, Conclusiveness of Decrees, 4967 20 W. N., 15, Admrs. and Excrs. ,4237 II W. N., 483, Jurisdiction, 3871 1 S. & R., 453, Admrs. and Excrs., 4322 24 Pa. St., 429, Trusts and Trus- tees, 446 1 68 Pa. St., 158, Trusts and Trus- tees, 446 1 50 Pa. St., 285, Discharge and Dis- missal, 4534 50 Pa. St., 285, Execution, 4988 115 Pa. St., 299, Conclusiveness of Decrees, 4967 5 W. N., 386, Admrs. and Excrs., 4235 150 Pa. St., 535, Costs, 4980 2 Maryl. Ch., 303, Bills of Review, 4952 53 Pa. St., 505, Jurisdiction, 3906 53 Pa. St., 505, Sales, 4710 116 Pa. St., 588, Partition, 4885 9 W. & S., 103, Legacies, 4651 78 Pa. St., 329; 9 Phila., 120, Trusts and Trustees, 4461 78 Pa. St., 329, Conclusiveness of Decrees,- 49^7 32 Pa. St., 434, Price Act, 4783 106 Pa. St., 268, Admrs. and Towson, Bull v., Towson, Bull v., Tracy, Hackney v., Trainer, Dicky v., Transue Estate, Trapnell, Merklein v., Trapnell, Merklein v., I022 TABLE OF CASES. Trego, McNinch v., 73 Pa. St., 52, Trusts and Trus- tees, 4461 Trevor's Admrs. v. Ellen- berger's Excrs., 2 P. & W., 94, Lien of Dece- dent's Debts, 4922 Tribe, In Re, 14 W. N., 92, Trusts and Trus- tees, 4444 Trimpey, Colborn v., 36 Pa. St., 463, Lien of Dece- dent's Debts, 4942 Trindle, Clark v., 52 Pa. St., 492, Trusts and Trus- tees, 4461 Tritt V. Crotzer, 13 Pa. St., 451, Coll. Inher. Tax, 4562 Trueman, Carter v., 7 Pa. St., 315, Admrs. and Excrs., 4194 Truitt, Dunn v., 8 Phila., 27, Trusts and Trustees, 4461 Truitt's Estate, 30 Leg. Int., 84; 10 Phila., 16, Trusts and Trustees, 4449 Trusler, Lantzf., 37 Pa. St., 482, Wills, 3949 Trust Co. V. Coal Co., 27 W. N., 325, Trusts and Trus- tees, 4459 Trust Co., Haviland v., 108 Pa. St., 236, Jurisdiction, 3849 Trust Co. V. Lippincott, 106 Pa. St., 295, Admrs. and Excrs., 4170 Trust Co. V. Lippincott, 106 Pa. St., 295, Sales, 4689 Trust Co., Rhea v., 16 W. N., 48, Wills, 3962 Trust Co., Stadelman v., 35 Leg. Int., 366, Lien of Dece- dent's Debts, 4936 Trust Co., Swain v., 54 Pa. St., 455, Partition, 4817 Trust Co., Thompson v., 21 W. N., 572, Trusts and Trus- tees, 4450 Trust Co.'s Appeal, 93 Pa. St., 209, Wills, 3959 Trust Co.'s Appeal, 13 W. N., 367, Trusts and Trus- tees, 4449 Trust Co. 's Appeal, 9 Atlan. Rep., 66, Trusts and Trustees, 44S2j 44^9 Trustees, City v., 12 W. X., 477, Trusts and Trus- tees, 4468 Tucker v. Hassanclever, 3 Yeates, 294, Legacies, 4648 Tucker, Hassanclever ;;■. , 2 Binn., 525, Legacies, 4648 Tucker v. Homer, 10 Phila., 122, Admrs. and Excrs., 4256 TABLE OF CASES. 1023 Tunstall, Roberts v. 4 Hare, 257, Trusts and Trus- tees, 4461 2 P. Williams, 560, Advancements,4632 *8i Pa. St., 221, Jurisdiction, 3885 5 Pa. St., 15, Trusts and Trus- tees, 4450 *8i Pa. St., 221, Trusts and Trus- tees, 4458 13 Vesey, 517, Sales, 4736 30 W. N., 372, Costs, 4985 42 Pa. St., 374, Wills, 3949 Tyndall's Assigned Estate, 6 W. N. , 562, Costs, 4985 18 Pa. St., 148, Conclusiveness of Decrees, 4966 II W. N., 51, Trusts and Trus- tees, 4461 2 Penny., 455, Sales, 4740 8 S. & R., 163, Lien of Dece- dent's Debts, 4936 23 Pa. St., 316, Admrs. and Excrs., 4216 Turner, Proud v., Twaddell's Appeal, Twaddell's Appeal, Twaddell's Appeal, Twigg V. Fifield, Tyler v. Bannon, Tyler v. Moore, Ullery v. Clark, Ulrich, Barnholt ?;., Ulrich's Appeal, Umberger v. Zearing, Umstead, Bland v.. Union Pass. Rwy. Co.'s Appeal, United States v. City, *8i Pa. St., 91, Coll. Inher. Tax, 4562 19 Fed. Rep., 609, Admrs. and Excrs., 4241 19 Fed. Rep., 609, Trusts and Trustees, 4461 United States, McCabe v., 4 Watts, 325, Lien of Decedent's Debts, 4935 69 Pa. St., no, Price Act, 4788 102 Pa. St., 224, Discharge and Dismissal, 4528 29 W. N., 573, Price Act, 4782 37 N. J. Eq., 130, Admrs. and Excrs., 4241 37 N. J. Eq., 130, Trusts and Trus- tees, 4461 60 Pa. St., 481, Election, 4569 102 Pa. St., 574, Legacies, 4652 United States v. City, Updegraff, Overdeer v., Van Dusen's Appeal, Van Dusen's Estate, Van Dyck, Daggers v., Van Dyck, Daggers v.. Van Dyke's Appeal, Van Vliet's Appeal, I024 TABLE OF CASES. Vanderhorst, Shewen v., Vanderver's Estate, Vandever's Appeal, Vandevoort's Appeal, Vandyke's Estate, Vattier, Pratt v., Vattier, Pratt v., Vaughan v. Dickes, Verner's Estate, Vidal V. City, Vincent, Savings Co. v., Vogdes' Estate, Vogel's Estate, Voight V. Pfaffle, Von Bonnhorst, Cote v. , Vowinckel v. Patterson, Vowinckel v. Patterson, Wachsmuth, Kennedy v., Wade, McLean v., Wade, McLean v. , Wagner v. Baird, Wagner, Snevily v., Wagner, Snevily v., Wagner's Appeal, Wagonseller, Sanders v., Wale's Estate, Walker v. Atmore, Walker, Byrne v., Walker v. Milligan, Walker v. Walker, 1 Russ. &c Mylne, 347, Trusts and Trustees, 4461 16 W. N., 259, Trusts and Trus- tees, 4446 8 W. & S., 405, Trusts and Trus- tees, 4459 43 Pa. St., 462, Exemption, 4585 32 Leg. Int., 29, Jurisdiction, 3916 9 Peters, 416, Guardian and Ward, 4426 9 Peters, 416, Bills of Review, 4955 20 Pa. St., 509, Wills, 3955 6 W., 250, Admrs. andExcrs., 4291 2 Howard, 127, Wills, 3957 105 Pa. St., 315, Jurisdiction, 3844 19 Phila., 144, Admrs. andExcrs., 4339 18 W. N., 242, Coll. Inher. Tax, 4563 16 W. N., 47, Costs, 4985 41 Pa. St., 243, Wills, 3949 114 Pa. St., 21, Wills, 3942 114 Pa. St., 21, Partition, 4802 12 S. & R., 171, Conclusiveness of Decrees, 4967 53 Pa. St., 146, Jurisdiction, 3891 41 Pa. St., 266, Wills, 3934 7 Howard, 234, Trusts and Trus- tees, 4461 8 Pa. St., 396, Partition, 4846 8 Pa. St., 396, Conclusiveness of Decrees, 49^7 38 Pa. St., 122, Advancements, 463O) 4634 19 Pa. St., 248, Lien of Dece- dent's Debts, 4931 33 Leg. Int., 409, Sales, 4740 30 W. N., 515, Legacies, 4648 7 S. & R., 483, Jurisdiction, 3894 45 Pa. St., 178, Wills, 3947 16 S. & R., 379, Trusts and Trustees, 4461 TABLE OF CASES. Walker's Appeal, Walker's Appeal, Walker's Appeal, Walker's Estate, Walker's Estate, Walker's Estate, Wallace v. Blair, Wallace, Clark v., Wallace v. Duffield, Wallace, McCullough v., Wallace, Morris v., Wallace's Appeal, Wallace's Appeal, Wallace's Estate, Waller, Hillary v., Wallington's Estate, Wall's Appeal, Wain, Ralston v., Wain's Appeal, Walter's Appeal, Walter's Appeal, Walthaur's Heirs v. Gossar, Walthour v. Walthour, Walton, Hilt v. , Walton V. Willis, Walton V. Willis, Wapple's Appeal, Wapple's Appeal, 1025 3924 4 Penny., 452, Jurisdiction, 116 Pa. St., 419, Trusts and Trustees, 44S6 I Grant, 431, Sales, 4706 116 Pa. St., 419, Admrs. and Excrs., 4226 3 Rawle, 243, Admrs. and Excrs., 4318 9 S. & R. , 223, Trusts and Trus- tees, 4452 1 Grant, 75, Lien of Decedent's Debts, 4933 48 Pa. St., 80, Guardian and Ward, 4401, 4420 2 S. & R., 521, Trusts and Trus- tees, 4461 8 S. & R., 181, Partition, 4846 3 Pa. St., 319, Trusts and Trus- tees, 4449 3 W. N., 468, Trusts and Trus- tees, 4450 5 Pa. St., 103, Lien of Dece- dent's Debts, 4926 6 W. N., 503, Exemption, 4581 12 Ves., 266, Trusts and Trustees, 4461 1 Ash., 307, Trusts and Trustees, 4447 31 Pa. St., 62, Sales, 4709 44 Pa. St., 279, Wills, 3942, 3959 4 Pa. St., 502, Partition, 4807 95 Pa. St., 305, Jurisdiction, 3899 95 Pa. St., 305, Legacies, 4652 32 Pa. St., 259, Lien of Dece- dent's Debts, 4932 2 Grant, 102, Admrs. and Excrs., 4339 3 W. N., 545, Exemption, 4588 I Dallas, 351, Partition, 4823 I Dallas, 265, Partition, 4852 74 Pa. St., 100, Jurisdiction, 3844 74 Pa. St., 100, Trusts and Trus- tees, 4479 I026 Ward, Calli^., TABLE OF CASES. 4 W. & S., 1 1 8, Guardian and Ward, 4424 19 Pa. St., 485, Jurisdiction, 3857 19 Pa. St., 485, Advancements, 4616 Prec. in Chanc, 182, Advance- ments, 4633 14 Pa. St., 121, Lien of Dece- dent's Debts, 4932 19 Pa. St., 424, Lien of Dece- dent's Debts, 4932 4 Watts, 270, Lien of Decedent's Debts, 4934 5 "W. & S., 223, Execution, 5021 S3 Pa. St., 382, Conclusiveness of Decrees, 4967 130 Pa. St., 359, Admrs. and Excrs., 4305 34 P. L. J., 431, Trusts and Trus- tees, 4449 Washabaugh, Anderson w., 43 Pa. St., 115, Admrs. and Excrs., 4187 16 S. & R., 410, Legacies, 4660 Ward, Holliday v.. Ward, Holliday v., Ward V. Lant, Warden v. Eichbaum, Warden, Smith v., Warder v. Tainter, Wardle, Tams v., Warfield v. Fox, Warner's Estate, Warner's Estate, Washebaugh, Barnet v., Washington and Lee Uni- versity, Appeal of Washington's Estate, Water Co., Dresher v.,- Waters v. Bates, Waters v. Margerum, Wathen, Bowman v., Watson V. Birch, Watson, Church v., Watson, Fries v., Watson, McKinney v., Ill Pa. St., 572, Wills, 3931 75 Pa. St., 102, Wills, 3963 52 Pa. St., 225, Partition, 4900 44 Pa. St., 473, Conclusiveness of Decrees, 4967 60 Pa. St., 39, Admrs. and Excrs., 4170 I Howard, 189, Trusts and Trus- tees, 4461 15 Sim., 523; II Jur., 198; 16 L. J. Chanc, 188, Trusts and Trustees, 4461 50 Pa. St., 518, Lien of Dece- dent's Debts, 4929 5 S. & R., 220, Lien of Dece- ' dent's Debts, 4938 8 S. & R., 347, Admrs. and Excrs., 4275 TABLE OF CASES. 1027 Watson V. Watson, Watson's Appeal, Watts' Appeal, Way V. Gest, AVaylan's Estate, Wayne's Estate, Weaver's Appeal, Weaver's Appeal, Webb, Brown v., Webb V. Dietrick, Webb V. Dietrick, Webb, Ex Parte, Webber's Estate, Webb's Estate, Webster v. Newbold, Weckerly, Fox v., Weckerly's Estate, Wederkind's Estate, Weigand's Appeal, Weigel's Estate, Weigley v. Coffman, Weir's Estate, Weir's Estate, Weiting v. Nissley, 6 Watts, 254, Advancements, 4618 6 Pa. St., 505, Admrs. and Excrs, 4168 78 Pa. St., 370, Trusts and Trus- tees, 4460 14 S. & R., 40, Wills, 3947 17 W. N., 375, Trusts and Trus- tees, 4449, 4457, 4459 18 W. N., 10, Coll. Inher. Tax, 4562 63 Pa. St., 309, Advancements, 4619, 4621, 4627 19 Pa. St., 416, Sales, 4709 I Watts, 411, Lien of Decedent's Debts, 4942 7 W. & S., 401, Trusts and Trus- tees, 4447 7 W. & S., 401, Discharge and Dismissal, 4523 O. C, Phila., MS., Guardian and Ward, 4373 133 Pa. St., 338, Guardian and Ward, 4423 20 W. N., 275, Admrs. and Excrs., 4234 41 Pa. St., 482, Trusts and Trus- tees, 4461 I Phila., 320, Trusts and Trus- tees, 4458 II W. N., 287, Exemption, 4588 32 Leg. Int., 168; II Phila., 68; I W. N., 418, Trusts and Trustees, 4452 28 Pa. St., 471, Admrs. and Excrs., 4296 4 W. N., 92, Discharge and Dis- missal, 4523 144 Pa. St., 489, Jurisdiction, 3924 48 Leg. Int., 277, Exemption, 4589 28 W. N., 268, Exemption, 4586 13 Pa. St., 655, Jurisdiction, 3894 I028 TABLE OF CASES. Weiting v. Nissley, Welch's Appeal, Welch's Appeal, Welch's Appeal, Weld V. McClure, Weldy's Appeal, Weller, Weyand v., Weller, Weyand v.. Wells V. Baird, Wells Estate, Wells V. McCall, Wells V. Ritter, Welsh's Appeal, Welsh's Estate, Welty V. Ruffner, Wenrick, Comm. v., Wentz V. Wentz, Wentz's Appeal, Werkheiser v. Werkheiser, Werner's Appeal, Wernle's Estate, Wertz's Appeal, Wertz's Appeal, Wertz's Estate, West V. Cochran, Westcott's Estate, A\'esthafer v. Koons, Wetherill v. Comm. , 6 Pa. St., 141, Bills of Review, 4955 I Penny., 9, Admrs. and Excrs., 4060 I Penny., 9, Trusts and Trustees, 4457 126 Pa. St., 297, Partition, 4819, 4823 9 Watts, 495, Admrs. and Excrs., 4194 102 Pa. St., 454, Admrs. and Excrs. , 4296 39 Pa. St., 443, Jurisdiction, 3909 39 Pa. St., 443, Conclusiveness of Decrees, 4964 3 Pa. St., 351, Lien of Dece- dent's Debts, 4926, 4943 46 Leg. Int., 476, Wills, 3989 64 Pa. St., 207, Wills, 3959 3 Wharton, 208, Wills, 3947 10 Atlan. Rep., 34, Lien of Dece- dent's Debts, 4926 14 W. N., 175, Exemption, 4603 9 Pa. St., 224, Conclusiveness of Decrees, 4967, 4970, 4971 8 Watts, 159, Admrs. and Excrs., 4218, 4219 1 Wharton, 211, Admrs. and Excrs., 4166 7 Pa. St., 151, Partition, 4842 6 W. & S., 184, Wills, 3998 91 Pa. St., 222, Guardian and ^^'ard, 4401 8 W. N., 239, Trusts and Trus- tees, 4452 69 Pa. St., 173, Jurisdiction, 3867 69 Pa. St., 173, Legacies, 4651 44 Leg. Int., 253, Costs, 4982 104 Pa. St., 482, Guardian and Ward, 4425 2 W. X., 652, Guardian and Ward, 4350 144 Pa. St., 26, Price Act, 4784 17 W. X., 104, Admrs. and Excrs., 4420, 4421 TABLE OF CASES. 1029 Weyand v. Weller, Weyand v. Weller, Weyand's Appeal, Weyand' s Appeal, Weyand's Appeal, Wharton's Estate, Wharton's Estate, Wheatly v. Badger, Wheatly v. Badger, Whelan's Appeal, Whelan's Appeal, Whitaker's Estate, Whitaker's Estate, Whitby V. Duffy, White, Kilpatrick v.. White V. Patterson, White V. Patterson, White V. White, White, AVilliams v. , White, Woods v., Whitely v. McFadden, White's Estate, White's Estate, Whiteside v. Whiteside, Whitman's Appeal, Wickersham, Lee v.. 39 Pa. St., 443, Jurisdiction, 3909 39 Pa. St., 443, Conclusiveness of Decrees, 4964 62 Pa. St., 198, Guardian and Ward, 4426 62 Pa. St., 198, Conclusiveness of Decrees, 4962 62 Pa. St., 198, Execution, 5005, 5016, 5021 32 Leg. Int., 90; II Phila., 39; I W. N., 318, Trusts and Trustees, 445 2 10 W. N. , 105, Coll. Inher. Tax, 4562 7 Pa. St., 459, Trusts and Trus- tees, 4479 7 Pa. St., 459, Discharge and Dismissal, 4497 70 Pa. St., 410, Trusts and Trus- tees, 4452 70 Pa. St., 410, Advancements, 4630 38 Leg. Int., 402, Admrs. and Excrs., 4302 9 AV. N., 420, Admrs. and Excrs., 4320 135 Pa. St., 620, Wills, 3966 29 Pa. St., 176, Execution, 5002 139 Pa. St., 429, Jurisdiction, 3907 139 Pa. St., 429, Sales, 4681 5 Rawle, 61, Partition, 4826 35 Pa. St., 514, Partition, 4888 97 Pa. St., 222, Legacies, 4660 38 Leg. Int., 42, Trusts and Trustees, 4449 36 Leg. Int., 451, Admrs. and Excrs., 4252, 4259 1 Dist. Rep., 508, Bills of Review, 4955 20 Pa. St., 473, Jurisdiction, 3849 2 Grant, 323, Advancements, 4623 T W. N., 482, Trusts and Trus- tees, 4461 I030 TABLE OF CASES. Wickersham's Appeal, Widdis' Estate, Wiggins, Hall v., Wightman, Lothrop v., Wilcocks, Fox v., Wiley's Appeal, Wilhelm v. Folmer, Wilkey's Appeal, Wilkinson's Estate, Wilkinson's Estate, Wilkinson's Estate, Willard's Appeal, Williams' Appeal, Williams' Appeal, Williams' Appeal, Williams, Comm. v., Williams, De Haven v., Williams, De Haven v., Williams' Estate, Williams' Estate, Williams v. Leech, 64 Pa. St., 67, Jurisdiction, 3910 I W. N. , 270, Discharge and Dis- missal, 4493 15 W. N., 112, Lien of Dece- dent's Debts, 4936 41 Pa. St., 297, Trusts and Trus- tees, 4459 I Binney, 194, Admrs. andExcrs., 4291 8 W. & S., 244, Admrs. and Excrs. , 4168 6 Pa. St., 296, Trusts and Trus- tees, 4446 108 Pa. St., 567, Admrs. and Excrs., 4053, 41 1 7 31 P. L. J., 149, Jurisdiction, 3895 I Pars., 170, Trusts and Trustees, 4461 7 Luz. L. Reg., 12, Lien of Dece- dent's Debts, 4926 65 Pa. St., 265, Jurisdiction, 3911 7 Pa. St., 259, Admrs. and Excrs., 4055 73 Pa. St., 249, Trusts and Trus- tees, 4485 92 Pa. St., 71, Exemption, 4588 13 Pa. St., 29, Coll. Inher. Tax, 4562 80 Pa. St., 480, Admrs. and Excrs., 4187 80 Pa. St., 480, Trusts and Trus- tees, 4459 141 Pa. St., 436, Exemption, 4592 140 Pa. St., 187, Sales, 4737 28 Pa. St., 89, Wills, 3948 Williams v. Railroad Co., 9 Phila., 298, Admrs. and Excrs., 4063 Williams v. White, 35 Pa. St., 514, Partition, 4888 Williamson's Appeal, 94 Pa. St., 231, Jurisdiction, 3849 Williamson's Appeal, i Monaghan, 241, Lien of Dece- dent's Debts, 4927 Williamson's Estate, 7 W. X., 82, Admrs. and Excrs., 4172 Williamson's Estate, 12 Phila., 64; 13 Phila., 195, Trusts and Trustees, 445° TABLE OF CASES. IO3I Williamson's Estate, Williamson's Excrs., Brown v., Williard v. Williard, Willing V. Perot, Willing V. Peters, Willing V. Yohe, Willing' s Estate, Willis, Walton v., Willis, Walton v., Willit's Estate, Wills' Appeal, Wills' Appeal, Wilson, Comm. v., Wilson, Corbin v. , Wilson V. Gaston, Wilson V. Gaston, Wilson, Miller v., Wilson, Saeger v., Wilson's Appeal, Wilson's Appeal, Wilson's Appeal, Wilson's Estate, Wilson's Estate, 18 W. N., 138; 7 W. N., 82, Trusts and Trustees, 4457 36 Pa. St., 338, Wills, 3963 56 Pa. St., 119, Trusts and Trus- tees, 4461 5 Rawle, 264, Admrs. and Excrs., 4211 7 Pa. St., 287, Trusts and Trus- tees, 4446 1 Phila., 223, Lien of Decedent's Debts, 4941 2 W. N., 307, Coll. Inher. Tax, 4562 I Dallas, 351, Partition, 4823 1 Dallas, 265, Partition, 4852 20 W. N., 22, Trusts and Trus- tees, 4447,4449, 445 7 9 Pa. St., 103, Jurisdiction, 3845 22 Pa. St., 325, Guardian and Ward, 4423 7 W. N., 62, Admrs, and Excrl, 4219 2 Ash., 178, Guardian and Ward, 4420 38 Leg. Int., 43, Admrs. and Excrs., 4108 38 Leg. Int., 43 ; 92 Pa. St., 207, Conclusiveness of Decrees, 4967 24 Pa. St., 114, Admrs. and Excrs., 4218 4 W. & S., 501, Trusts and Trus- tees, 4447 4 Penny., 432, Admrs. and Excrs., 4269 115 Pa. St., 95, Admrs. and Excrs., 4284, 4299 45 Pa. St., 435, Lien of Dece- dent's Debts, 4926 18 W. N., 483, Admrs. and Excrs., 4098^ 4273> 4291 I W. N., 346, Guardian and Ward, 4427 I032 Wilson's Estate, Wilson's Estate, TABLE OF CASES. i8 W. N„ 483, Admrs. and Excrs., 4273 43 Leg. Int., 530, Trusts and Trustees, 4452 24 W. N., 493, Legacies, 4654 20 W. N., 299, Sales, 4737 I Wharton, 96, History, 3777 I Wharton, 96, Jurisdiction, 3844 1 Wharton, 104, Discharge and Dismissal, 4535 3 Gr., 169, Discharge and Dis- missal, 4498 32 Leg. Int., 50, Admrs. and Excrs., 4163 40 Leg. Int., 6, Sales, 4705 12 W. N., 520, Sales, 4735 4 W. N., 346, Admrs. and Excrs., 4221 Wireman z/. Insurance Co., 20 W. N., 299, Lien of Dece- dent's Debts, 4936 3 P. & W., 185, Admrs. and Excrs., 4262 4 W. N., 59, Discharge and Dis- missal, 4502 142 Pa. St., 373, Jurisdiction, 3928 23 W. N., 532, Trusts and Trus- tees, 4452 105 Pa. St., 390, Partition, 4815,4831 115 Pa. St., 241, Partition, 4819 5 W. N., 128, Admrs. and Excis., 4235 2 Phila., 377, Trusts and Trus- tees, 4460 19 W. N., 427, Trusts and Trus- tees, 4488 86 Pa. St., 160, Trusts and Trus- tees, 4458 3 Kulp, 186, Costs, 4980 16 Pa. St., 151, Admrs. and Excrs., 4291 Wiltberger's Estate, Wiltberger's Estate, Wimmer's Appeal, Wimmer's Appeal, Wimmer's Appeal, Winebrenner's Appeal, Winpenny's Estate, Winpenny's Estate, Winpenny's Estate, Winters, Comm. v., Wireman, Mothland v., Wiseman's Estate, Wistar, Comm. v., Wistar's Appeal, Wistar' s Appeal, Wistar's Appeal, Wistar's Estate, Wistar's Estate, Wistar's Estate, Wister's Appeal, Witcraft, Riddle v., Wither' s Appeal, TABLE OF CASES. Wither' s Appeal, Witman's Appeal, Witmer's Appeal, Wolfe V. Shelley, Wolff, Moorhead v. , Wonder, Carl v. , Wood, Fehlinger v., Wood's Appeal, Wood's Appeal, Wood's Appeal, Wood's Estate, Wood's Estate, Wood's Execute Woods V. McMillan, Woods V. White, Woodward's Appeal, Worrell's Appeal, Worrell's Appeal, Worrell's Appeal, Wright, Lee v., Wright, Potts v., Wright's Appeal, Wright's Appeal, Wright's Appeal, Wright's Will, Wurtz, Morrison v., Wyant v. Dieffendafer, 1033 4916 14 S. & R. , 185, Partition, 28 Pa. St., 376, Admrs. and Excrs., 4305, 4318 87 Pa. St., 120, Trusts and Trus- tees, 4450 I Rep., 88, Wills, 3941 123 Pa. St., 365, Price Act., 4781 5 Watts, 97, Guardian and Ward, 4434 134 Pa. St., 517, Admrs. and Excrs., 4222 55 Pa. St., 332, Admrs. and Excrs., 4059 86 Pa. St., 346, Trusts and Trus- tees, 4458 20 W. N. , 250, Legacies, 4660 I Ashmead, 314, Admrs. and Excrs., 4260, 4283 7 W. N., 84, Execution, 5002 Wood'sExecutor z;. Colwell,34 Pa. St., 92, Lien of Dece- dent's Debts, 4942 32 P. L. J., 363, Trusts and Trus- tees, 4447 97 Pa. St., 222, Legacies, 4660 38 Pa. St., 332, Guardian and Ward, 4424 23 Pa. St., 44, Guardian and Ward, 4422, 4424 9 Pa. St., 508, Trusts and Trus- tees, 4449 23 Pa. St., 44, Trusts and Trus- tees, 4449 1 Rawle, 149, Admrs. and Excrs., 4027 82 Pa. St., 498, Sales, 4734 38 Pa. St., 507, Coll. Inher. Tax, 4562 89 Pa. St., 67, Advancements, 4623 12 Pa. St., 256, Legacies, 4652 20 Phila., 85, Admrs. and Excrs., 4126 7 Watts, 437, Sales, 473^ 2 Gr., 334, Trusts and Trustees, 4461 I034 TABLE OF CASES. Wyant, McLenahan v., Wynkoop v. Wynkoop, Yankey, Hollenberger v. , Yardley v. Cuthbertson, Yard's Estate, Yarnall's Appeal, Yamall's Will, Yeager's Appeal, Yerkes' Appeal, Yoder's Appeal, Yohe, Willing v., York's Appeal, York's Appeal, Young V. Bickel, Young, Bickle v. , Young, Diller v. , Young, McCuUough v., Young, McCullough v., Young V. Mclntyre, Young's Appeal, Young's Appeal, Young's Estate, Young's Estate, Young's Estate, Yundt's Appeal, Yundt's Estate, I P. & W., 96, Legacies, 4648, 4660 42 Pa. St., 301, Admrs. and Excrs., 4259 145 Pa. St., 179, Partition, 4871 108 Pa. St., 395, Wills, 3968 15 W. X., 422, Price Act, 4781 70 Pa. St., 335, Wills, 3951, 3959 4 Rawle, 46, Wills, 3998 34 Pa. St., 173, Guardian and Ward, 4431 99 Pa. St., 402, Admrs. and Excrs., 4302 45 Pa. St., 394, Trusts and Trus- tees, 4450 I Phila., 223, Lien of Decedent's Debts, 4941 no Pa. St., 77, Lien of Dece- dent's Debts, 4927 17 W. N. , 17, 33, Lien of Dece- dent's Debts, 4930 1 S. & R., 467, Partition, 4825 3 S. & R., 234, Sales, 4709 2 Yeates, 261, Sales, 474° I Binn., 63, Wills, 3984 I Binn., 63, Admrs. and Excrs., 4068, 4190 6 W. N., 25.2, Partition, 4823 99 Pa. St., 74, Jurisdiction, 3890 99 Pa. St., 74, Admrs. and E.xcrs., 4299 18 W. N., 95, Admrs. and Excrs., 4230 46 Leg. Int., 432, Admrs. and Excrs., 43 1 1 16 W. N., 572, Trusts and Trus- tees, 4444 13 Pa. St., 575, Advancements, 4615, 4620, 4629, 4630 6 Pa. St., 35, Admrs. and Excrs., 4319 Zacharias v. Zacharias, Zearing, Umberger v., Zeiter v. Zeiter, Ziegler's Appeal, Zollinger, Robinson v., Zook's Appeal, TABLE OF CASES. IO35 23 Pa. St., 452, Trusts and Trus- tees, 4461 8 S. & R. , 163, Lien of Dece- dent's Debts, 4936 4 Watts, 212, Advancements, 4631 35 Pa. St., 173, Partition, 4871 9 Watts, 169, Guardian and Ward, 4378 54 Pa. St., 486, Sales, 4739 1036 AMENDMENTS TO THE EQUITY RULES. Amendments to the Equity Rules. And now, January 15th, A. D. 1894, it is ordered that the Equity Rules formulated and adopted May 27, 1865, under the authority of the Act of June 16, 1836, to regulate the practice in the several Courts of Common Pleas in this Commonwealth in pro- ceedings in equity, be amended in the manner herein below set forth ; and that such rules, or parts thereof, heretofore in force, as may be inconsistent with these amendments, be rescinded hereby, from and after the date on which these amendments take effect. The Prothonotary of the Supreme Court for the Eastern District is directed to give notice of these amendments by pub- lishing them in the Legal Intelligencer and in the Weekly Notes of Cases. The Prothonotary for the Western District is directed to give notice by the publication of the same in the Pittsburgh Legal JourTial. The State Reporter is also directed to insert them, together with this order, in the first volume of the State Reports prepared after this date. Filed January 15, 1894. - Per Curiam. PLEADINGS. All defences, in equity cases, shall be made by answer or by demurrer. All issues of fact must be made by answer. EVIDENCE. The office of "Examiner to take testimony" is hereby dis- continued, except in proceedings conducted under the directions of a statute by which duties are imposed upon an Examiner, as in bills to perpetuate testimony, and similar cases. All testimony in cases in equity shall be taken in the same manner as is now practiced in courts of law ; upon rule, commission, letters rogatory, or in open AMENDMENTS TO THE EQUITY RULES. IO37 court. Rules may be entered for the purpose of taking testimony on the equity side of the several Courts of Common Pleas, in the same manner, and with the same effect, as upon the common law side of the same courts. HEARING. The hearing of cases in equity shall be conducted before the Judge sitting as Chancellor, or before a referee, and the office of Master in Chancery is hereby discontinued, except in proceedings where decrees or interlocutory orders are to be executed, or their execution supervised by an officer of the court ; as in partition, the sale of real estate, the execution of deeds and the like. When a case in equity is at issue upon demurrer, it shall be placed on the argu- ment list then next to be heard. When it is at issue upon answer, it shall be placed on the equity trial list. Cases upon the trial list shall be heard in court in the same manner that actions at law wherein trial by jury has been waived are now heard by courts of law. The evidence shall be given or read in open court, and exceptions to the admission or rejection of evidence, and of wit- nesses, may be taken in the same manner, and with the same effect, as is now practiced in the trial of actions at law. The Judge shall sit continuously during the trial of causes in equity in the same manner as during the trial of actions at law. FINDINGS. The counsel for the respective parties may present to the Judge, sitting as Chancellor, requests for findings both of fact and law. After hearing the evidence, and the suggestions or argument of counsel, the Judge may adopt or affirm these requests, or any of them, he may qualify or deny them, or he may state his findings of fact or of law in his own language. The requests so presented, with the answers thereto, and the findings of the Judge, both of law and fact, shall be filed by the Prothonotary, and become thereby part of the record of the Court in the said case. REFEREES. When a case in equity is at issue upon answer it may be taken from the list by the parties, and its trial referred to a person agreed upon by them, who shall be called a " referee." He shall proceed at once upon his appointment to fix a day for trial, which shall not 1038 AMENDMENTS TO THE EQUITY RULES. be more than three months after his said appointment ; at which time, unless the cause be continued, he shall proceed to hear the parties, and sit from day to day, continuously, for that purpose. He shall hear the testimony, seal bills of exceptions to the admission and rejection of evidence, make findings of fact and of law, act upon the points or requests that may be presented by counsel, and prepare the form for a final decree. AVhen his findings and decrees are ready, he shall give notice to counsel for the respective parties, of a time and place, when and where the same may be examined by them. If no exceptions be filed within ten days after the day fixed for such examination, the referee shall deliver to the Prothonotary his findings, the requests of counsel, and the form of decree pre- pared, who shall file the same, and thereupon the Court shall enter the decree prepared by the referee. If exceptions be filed, the referee shall hear tliem within ten days thereafter ; and within ten days after such hearing, decide upon the same and file said excep- tions, his action thereon, together with his original findings, the requests of counsel, and the form of a decree, with the Prothono- tary of the Court. At any time within ten days after this is done, exceptions may be taken to the action of the referee and filed with the Prothonotary. The case shall thereupon be placed upon the equity argument list next to be heard in said court, and the excep- tions heard by the Court or Judge acting as Chancellor in the case, and disposed of; whereupon the proper decree shall be made and entered, subject to the right of appeal to the Supreme Court, as provided by law. ACCOUNTS. In cases involving complicated accounts, or questions requiring the aid of experts, if the parties do not refer, the Court may call in the aid of an accountant, or other expert, as an assessor. The charges to be allowed for such services shall not exceed the rate per diem commonly paid by business men for similar services, and shall be taxed as costs in the case, or paid as the Court may direct. TRIAL. A trial in equity shall be conducted, as near as may be, as a trial at law is now conducted. When entered upon, it shall not be interrupted or postponed, except for cause shown to, and approv'ed AMENDMENTS TO THE EQUITY RULES. IO39 by, the court or referee ; and the costs of all such postponements shall be paid by the party at whose instance the -same may be ordered, and shall not abide the result, or be taxed in the general bill of the successful party. Continuances for cause may be made where the list is called, with or without terms, as is now practiced in the courts of common law. TRIAL BY JURY. After a case in equity is at issue upon questions of fact, either party may move a rule upon the other party, to show cause, on five days' notice, why the issues of fact, or some of them, shall not be tried before a jury. If, on the return of the rule, such trial be awarded, the court shall frame the issues in the form of separate questions. The verdict rendered shall not be general, but shall consist of an answer to each question so submitted. These answers, made to inform the conscience of the Chancellor, shall not be bind- ing upon him in any case. TRIAL AXD ARGUMENT LISTS. The preparation of trial and argument lists shall be regulated by an order of the several courts, so as to make the practice in regard thereto conform as nearly as may be practicable to the practice in the said courts in actions at law. IXJUNCTION CASES. Preliminary injunctions may be granted, in accordance with the present practice, on bill and injunction affidavits ; but upon the hearing, at the end of four days, or such other time as may be fixed, the evidence must be taken subject to cross-examination, and ex parte affidavits will not be received. Witnesses may be examined orally before the Judge, or testimony may be taken on short rule, or, when necessary, testimony may be taken before any person authorized to administer an oath, on notice to the other side to appear and cross- examine. In cases when testimony is taken on notice alone, the certificate of counsel that he had not sufficient time to enter and serve a rule, shall stand in lieu of such formal entry and service. 1040 AMENDMENTS TO THE EQUITY RULES. FEES. The fees of referees shall be adjusted upon a statement of the number of days actually occupied with the trial and the preparation of the findings and decree. Parts of days on which the parties met and adjourned shall not be included. For days actually spent in the trial and disposition of the case a per diem shall be allowed, " fixed by the court in which the cause is pending, upon consider- ation of the character of the labor actually performed, but in no case to exceed twenty dollars per day. The referee shall state separately the number of days occupied in the trial, and those occupied in preparing the findings and decree. ' ' For parts of days on which meetings and adjournments have taken place the referee shall be allowed five dollars each, to be paid by the party at whose instance the adjournment may be made and not otherwise. APPEALS. Whenever an appeal shall be taken from an order or decree in equity the appellant shall file in the court below, with his notice of appeal, a brief statement of the errors he alleges to have been made by the order or decree appealed from or the findings on which it rests. No other errors shall be assigned in the Supreme Court unless leave be granted on motion and notice to the other party. If the reasons for the appeal do not affect the whole decree, and its enforcement, as to so much as is not complained of, is not incon- sistent with the relief asked on appeal, leave will be granted to proceed as to that part of the decree, notwithstanding the appeal. STENOGRAPHERS. The evidence on the trial of cases in equity may be taken by stenographers in the same manner and under the same rules as to noting exceptions and filing the notes of the trial as are in force on the law side of the several courts. APPEARANCE AND ANSWERS. Unless otherwise provided by law, the defendant or defend- ants shall be required, in the first instance, to appear and answer the exigency of the bill, by the service upon each defendant therein named of a printed copy thereof, on which shall be endorsed a notice in the following form : AMENDMENTS TO THE EQUITY RULES. IO4I You are hereby notified and required to cause an appearance to be entered for you in the within-named court and file your answer to the within bill of complaint within fifteen days after the service hereof on you, and to observe what the said court shall direct. You are also notified that if you fail to enter your appearance and file your answer within fifteen days, you will be liable to have the bill taken pro confesso, and a decree made against you in your absence. (Here insert date of notice.) Solicitor for Plaintiff. In cases in which the defendant cannot prepare his answer within fifteen days, the court may, on motion with notice, extend the time for answer, not exceeding thirty days additional. It is further ordered that these amendments shall take effect on the first Monday of March next, and be applicable to all cases in equity put at issue either on answer or demurrer on or after that day. [The above Amendments were promulgated too late to be inserted in the body of this work.] Index. (The references are to the Sections.) Abatement. Of sequestration shall not be by death, 3820 Personal actions, abatement, etc. — When actions abate — If plaintiff dies and no letters are taken out within a year (Brews. Prac. , §2384), 4212 No suit shall abate or judgment be reversed because of removal, etc., or omission to name any parties (Brews. Prac, §2387), 4213 Death, resignation, removal of executor or testamen- tary trustee shall not abate suit — His successor to be substituted, etc. (Brews. Prac, §2387), 4214 Death, dismissal, resignation, renunciation of executors or administrators, revocation of their letters, etc. shall not abate suit, etc. — How it shall proceed (Brews. Prac, §2386), 4215 Actions for injuries to person by negligence or default not to abate by death of plaintiff — Personal repre- sentatives to be substituted (Brews. Prac, §2391), 4216 When actions abate, 4217 When actions do not abate, 4218 In sci. fa. proceedings to preserve the lien of decedent's debts, a non-joinder of any of the heirs must be objected to by plea in abatement, 493^ A sci. fa. to revive a judgment against three defendants, one of whom was dead when writ issued, will be quashed upon plea in abatement, 4935 INDEX. 1043 (The references are to the Sections.) Accounts. To be audited without expense, ^iSi Notice of audit of, ^804 Of testamentary trustees, 3844 Orphans' courts may compel settlement of accounts by testamentary trustees, 3844 Concurrent jurisdiction with the common pleas over testamentary trusts, though the trustees appointed in the will, 3844 A testamentary trustee whose office is annexed to that of executor, ^uasi executor, or ratione officii, is amen- able alone to the orphans' court, 3844 Orphans' court has exclusive jurisdiction to compel an executrix to account as to a testamentary trust vested in her by the will to sell real estate, 3844 Orphans' court may compel guardian to file account on petition of ward, 3845 Orphans' court may direct guardian's account to be filed where guardian, ward and estate within jurisdiction, even though guardian be appointed by will in • another state, 3845 Orphans' court and its auditors have power to examine parties, and the court has power to compel produc- tion of books, etc. — Accounts to be audited by court — Auditors, 3869 Orphans' courts may open and re-examine accounts, 3888 After confirmation of final account, the remedy for mis- takes and omissions is by bill of review, 3888 Account of executor of non-resident — No jurisdiction over, 39 16 No jurisdiction to cite a trustee ex maleficio to account, 3917 Account confirmed by the court and balance found due paid and discharged, cannot be re-examined, 3920 Account to be filed within a year or when legally required, 4135 If executor plead not sufficient assets, suit to be stayed until accounts settled in orphan's court, 4202 Executor may be compelled by attachment to file account, etc.^ 4202 After judgment the executor may aver want of sufficient assets, 4203 1044 INDEX. (The references are to the Sections,) Accounts — continued. Execution is to be stayed, 4203 Account to be filed, 4203 Order to file it may be enforced by attachment, 4203 Method of keeping account, 4244 Form of account of executor or administrator, 4225 Where the account is imperfect, 4226 Rules of the orphans' court of Philadelphia, as to accounts, 4227 Form of notice of filing account, 4228 Failure to file account. — Remedy, 4229 Executor must file account in one year, though will allows longer, 4230 Account must be filed, though litigation pending, 4231 Where an executor dies, his account must be filed by his personal representative, 4232 Form of petition for citation to account, 4233 Who entitled to require filing of, 4234 Who not entitled to require filing of, 4235 Who may be cited to file, 4236 Who cannot be cited to file, 4237 Order to file, 4242 Account advertised — Practice — Directions, 4243 Certified copies of accounts to be sent by register to orphans' court — ^Notice to be given, 4244 No account to be confirmed unless notice of presentation given, 4245 Accounts to be recorded, 4245 Rules in Philadelphia county as to accounts and audits, 4246 Under act of 1832 accounts to be examined by the court, or referred to auditors, 4247 Outside of Philadelphia accounts under act of 1835 to be confirmed if no exceptions, 4248 And in case of exceptions auditor to be appointed, 4248 Philadelphia rules as to choosing auditor — As to audit, 4250, 4251 Evidence to be produced as to existence of c^h and investments, 4251 Accounts to be vouched, 4252 INDEX. 1045 (The references are to the Sections.) Accounts — continued. Account filed before end of year, irregular, 4256 Failure to account for personalty — Practice, 4276 Executor must account for interest earned, 4291 Executor only liable for interest on surplusage, except where he has used the funds, 4291^ It is the duty of an executor to invest, 4291 Any presumption which may arise that trustee has accounted for assets may be rebutted, nor does time run against interest on the fund. 4291 Neglect to invest fund so as to make it productive justifies surcharge of interest, 4291 Interest surcharged shall not exceed six per cent., 4291 Rule as to surcharging with interest, 4291 Interest accruing after account is filed belongs to distrib- utees, 4292 When account does not embrace the total assets, 4294 When discovered, 4294 Method of surcharge, 4294 Effect of executors filing joint and separate accounts, 4297, 4298 Effect of administrators filing joint and separate accounts, 4300 When account waived — Effect, 4306 Where account shows no balance for distribution, 4310 Where no objection is made to an account, and after the adjudication is filed, a creditor wishes to except to a credit, 43 1 1 If account be referred to auditor, 4313 Under the Philadelphia rule an auditor must notify all parties ten days before filing report, 43^3 Exceptions must be filed with auditor, 4313 Auditor must then re-examine report, 4313 When report of auditor filed, 4313 If no exceptions filed report shall be absolutely confirmed, 4313 What agreements to secure confirmation of account must contain, 4313 Power to decree another or further account, 4318 Court may direct accountant to retain fund during liti- gation, 4320 Accounts and settlements by guardians with wards, 4426 1046 INDEX. (The references are to the Sections.) Accounts — continued. Separate account required with each ward, 4426 Final account should embrace from beginning to end, 4426 By whom account of deceased guardian to be filed, 4428, 4434 Triennial accounts of guardians not conclusive, 4429 Guardian to file account every three years and whenever required, and when ward attains majority, 443° Final account of guardian — How prepared, 4431 Affidavit to account, 4431 Notice of audit of guardian's account to ward required, 4431 Although the real estate be situated in Pennsylvania, a non-resident trustee created by the will of testator domiciled in another state, cannot be cited to account here, 4444 Power to require trustees on application of sureties to account, applies where an executor is trustee by virtue of his office as executor, 4444 If trustee burden the estate with costs of accounts too frequently filed, he may be' charged with the expenses, 4449 Re-stating an account improperly kept subjects trustee to costs, 4449 Where an executor files an account involving a long, tedious and expensive audit, he is not entitled to commissions, 4457 If he convert assets to his own use, neglect to account, etc., he will lose commissions and his counsel fees, 4457 Not filing account save under compulsion, forfeits com- missions, 4457 So, failure to keep separate account, 4457 Every presumption is against a trustee who keeps no accounts or very bad accounts, 445 8 The confirmation of his account protects him from objec- tions to it on audit of second account, 445^ A joint account may be corrected upon the application of the innocent trustee, 4459 Court may cite trustee to account, 4462 Statutory power to refer accounts of trustees to auditors, 4462 Recording trust accounts, 4464 INDEX. 1047 (The references are to the Sections.) Accounts — continued. Where one is trustee under a deed which also makes him guardian of minors, he should first account as trustee, 4465 When account to be filed by trustee of party absent and unheard of for one year, 4476 Surety may cite trustee to file account and show cause why surety should not be relieved, 4480 Where trustee filed his account in county where the land lies, but not in county in which letters granted, 4484 The surviving trustee should file account, 4488 The Orphans' court where will proved has jurisdiction of trustee's account, 4488 Contingent remainderman may cite trustee to file account, 4488 Pending a bill for declaration of rights, trustee cannot be cited to account, 4488 Trustee cannot answer that it was agreed an account should be filed in another court, or that he has paid the wrong party, 4488 One account embracing the principal and income approved, 4488 On death of one of several trustees having sole manage- ment of the trust, his personal representative should file his account, 4490 Upon petition of an administrator d. b. n. against his predecessor the court cannot order him to turn over assets — There must first be an account, 4523, 4529 Trustee to file account of proceeds of partition sale, 4915 Advertisement of account, when sufficient, 49S6 When guardian's account will not be opened, 4956 A decree upon the settlement of an administration account conclusive, 4967 A decree confirming the account of an executor or trustee conclusive, 4967 Complicated accounts in equity cases, page 1038. Accumulation, Trusts for accumulation, 3963, 47S8 See Perpetuities, Trusts and Trustees. 1048 INDEX. (The references are to the Sections.) Acte Public. Acte public will, 4010 Formalities required as to, 4018 Actions. By and against executors, administrators, guardians, trus- tees, See Administrators, Executors, Guardians, Suits, Trusts and Trustees. Active Trusts. Active and dry trusts, 3962 See Trusts and Trustees. Adjudication. Adjudication sur account filed, exceptions, etc., when confirmed absolutely, 4243 Finding of fact has force of a verdict, 4307 Adjudication, 4308 Philadelphia rules as to filing exceptions to adjudication, 4309 Partial confirmation of adjudication, 4309 What agreements for confirmation must contain, 4309 Where no objection is made to an account and after the adjudication is filed, a creditor wishes to except to a credit, 43 11 Form of exceptions to adjudication, 4312 If no exceptions be filed to adjudication, 4314 If exceptions be filed, the case goes on the argument list, 4314 No case will be placed on the argument list within five days without a special order, 4314 Philadelphia rule as to paper-books, sur exceptions to adjudications, 43^5 Exceptions to adjudication sur guardian's account, 4433 Confirmation of adjudication sur guardian's account, 4434 Administrators . Process may issue to another county against administra- tor and others in certain cases, 3831 Removal and discharge of executors and administrators, 3839 INDEX. 1049 (The references are to the Sections.) Administrators — continued. Orphan's court has jurisdiction in all cases where admin- istrators are possessed of or are in any -vCay account- able for any real or personal estate of a decedent, 3839 When executor or administrator to execute deed under contract of decedent, 3861 Where the grantee in the deed is executor or administra- tor, 3862 Contracts by tenants in common, 3863 Where the administrator purchases at his own sale and the rights of third parties have not intervened, sale may be set aside, 3880 Orphan's court decree is conclusive of balances due by executors or administrators, 3889 The court has no jurisdiction over a personal claim due administrator by distributee, 3897 Nor to revoke letters, 3912 Letters not to be vacated except after notice, or refusal of administrator or executor to give security, etc., 3913 Orphans' court cannot order grant of letters to second applicant in addition to the letters granted origi- nally by the register of wills, 3914 The court has no jurisdiction of claim by administrator against an attorney, 39^3 Definition of administrator, 4024 Different kinds of administrators, 4026 Letters before death void, 4°33 If there be no creditors a testator may lawfully stay the grant of letters, 4° 34 Form of renunciation as administrator, 4°37 Administration to be granted during minority of exec- utors, 4040 Where there is a will, no executor named, or where executor renounces, 4041 Form of petition for letters of administration c. t. a., 4042 Letters of administration d. b. n. c. t. a., 4043 If administration become vacant by reason of any decree of orphans' court, 4^44 1050 INDEX. (The references are to ihe Sections.) Administrators — continued. Form of petition for letters of administration d. b. n. c. t. a..f 4045 Letters of administration ; by whom granted — History as to administration, 4046 To whom letters of administration are to be granted, 4047 Letters of administration, application for, 4048 Form of petition for grant of letters of administration, 4049 The executor of an executor cannot act in the first estate, 4050 To whom administration granted — Qualifications, 4051 Where husband entitled, 4052 Widow's right to administer, 4°53 Wheny^OT^ covert may administer, 4054 When next of kin entitled, and in what order, 4055 Adopted child not entitled to administer, 4056 Ijtigant not entitled to administer, 4057 Register's discretion — Double letters, 4058 Residuary legatee — When register will appoint nomi- nee of a party in interest, 4oS9 When stranger appointed — Status of non-resident — Habitual drunkard — Surviving partner — Adverse claimant — Insolvent, 4060 A non-resident has no right to letters and cannot object to their grant to another, 4060 A surviving partner should not be appointed adminis- trator of his deceased partner, 4060 Administration will not be granted to one largely indebted to estate or having an interest in opposi- tion to heirs, 4060 Nor to a claimant whose demand is contested, 4060 Insolvency renders a person incompetent to receive letters, 4060 Letters of administration not to be granted after lapse of twenty-one years, except upon order of orphans' court, 4061 No foreign letters confer authority to act in Pennsyl- vania, 4062 Foreign executors and administrators may transfer state, municipal loans, stocks, etc., 4063 INDEX. 105 1 (The references are to the Sections.) Administrators — continued. Foreign executors and administrators may transfer loans of the state and of Philadelphia, held by their decedents, first filing evidence of authority and affidavit as to debts, etc., 4064 Foreign executors or administrators may issue sci. fas. sur judgments, but letters must be granted here before further proceeding, 4065 Ancillary letters, 4066 Rights and duties of ancillary administrators, 4°67 Directions as to obtaining ancillary letters, 4068 Copy of petition for ancillary letters, 4073 'Letters pendente lite, 4074 When the register may grant letters pendente lite, 4° 7 5 Form of petition for letters pendente lite, 4076 Letters of administration — Proceedings where man sup- posed to be dead on account of absence for seven years, 4077 Evidence to be taken as to presumption of death, 4078 Proceedings if legal presumption of death made out, 4079 When administration to be granted — Effect of letters, 4080 The letters may be revoked, but past acts valid, except that widow and next of kin must refund, 4081 Cost of letters and their revocation to be paid by estate of supposed decedent — Where letters refused, applicant to pay costs, 4082 Form of final advertisement under act of 1885 for grant of letters where person absent and unheard of for seven years, 4083 The petition for letters testamentary or of administra- tion should contain affidavit of day and hour of death, 4084 Affidavits to be filed — Date of death to be recorded, 4085 Administrators and executors to be sworn, 4086 The form of oath of the administrator on the administra- tion bond, 4088 How to oppose the claim of the petitioner for the letters, 4089 If the register decide against your claim to administer or if without any claim on your part he grant letters improperly, 4090 1052 INDEX. (The references are to the Sections.) Administrators — continued. The law directs that administrators must give bonds, 4092 Letters void, if no bond, and the person may be sued as executor de son tort, 4093 Administrator with will annexed to give security for pro- ceeds of sales of realty, 4094 An administrator d. b. n. c. t. a. must give a bond with two sureties, 409S Form of bond of administrator c. t. a. , 4096 Administrator — Affidavit and oath of, 4096 No name can be taken from the administration bond, 4097 An administration bond must be executed by sureties, 4097 Cost of obtaining security on administration bond a personal liability, 4098 When bond is signed, administrator may be served, 4099 Within one year after full inventory filed, any person interested may except to amount of bond or to its sufficiency — Proceedings thereon — When letters to executor or administrator may be revoked, 4100 Amount of bond may be fixed by agreement of all par- ties in interest in granting letters c. t. a., 4101 Form of petition to fix amount of security in lettsrs c. t. a., 4102 Form of letters of administration, 4103, Form of short certificate of grant of letters of administra- tion, 4107 Decree of the register cannot be attacked collaterally, 4108 When letters of administration maybe revoked, 4109 How letters may be revoked, 41 10. Form of petition to revoke letters, 41 11 General form of citation, 41 1 2 Service of citation, 41 13. On return of citation, 41 14 Power of register to revoke, 411 5 Appeals from decisions of registers, 41 16 Testimony to be taken in writing — Appellate court may reverse, affirm, modify, etc., 41 17 Form of appeal, 41 18 Forms of appeal in other cases, 41 19 INDEX. I053 (The references are to the Sections.) Administrators — continued. Duties of administrators and executors, as to advertise- tisement, 4132 Form of advertisement of grant of letters, 4133 " How executors and administrators are to advertise grant of letters, etc., 4134 Inventory to be filed in thirty days — Account in one year, or when legally required — In cases of foreign wills, the inventory and account to be of goods within this state, 4135 Subsequently acquired assets to be inventoried in four months from discovery, 4136 Inventory to include all personal property, 4137 Appointment of a debtor as executor does not release the debt, 4138 Rents due to a tenant for life, shall be vested in his executor or administrator, 4^39 Rents due to any tenant shall be put in inventory, 4140 Estates per autervie to be included in inventory, 4141 Inventory of goods sold at public sale to be filed, 4142 Securities in hands of and claimed by others should not be inventoried, 4143 Inventory not binding on distributee, 4144 The inventory binds the administrator until mistake clearly shown, 4145 Appraisement to be made, 4146 The appraisement is not binding upon the parties in interest, 4147 Appraisement to be filed with register, 4148 Appraiser's fee, one dollar per day, 4149 Form of inventory and appraisement, 4150 On failure to file inventory and appraisement, 4151 Form of petition to secure filing of inventory, 4152 Form of citation to compel filing of inventory, 4153 Register to record and index inventory — Exemplification to be evidence, 4^54 Duties, rights and powers of executors and administrators, 4155 Collection of assets and defence of the estate, 4158 I054 INDEX. (The references are to the Sections.) Administrators — continued. Form of substitution of administrator or executor as plaintiff, 4iS9 Form of substitution of administrator or executor as defendant, 4160 Administrators de bonis non may sue, may prosecute writs of error, sci.fas., fi. fas., etc. 4161 Proceedings by and against the supposed decedent — Prosecuting and defending claims — Opening judg- ments — Lien of judgment against decedent, 4162 Duties of administrator pendente lite, 4163 Executors and administrators may collect bonds given for the surplus on tax sales — Power of court to sus- pend the collection, 4164 If unseated land be sold for taxes, and bond be given for surplus, executors or administrators may collect, pay into court — Distribution, appeal, etc., 4165 Although the teste of execution be before death of defendant, a scire facias must issue, 4166 Where real or personal property shall be sold on execu- tion for more than the record liens, the surplus shall be paid to executor or administrator, upon his giving security, 4166 Proceeds of realty to be distributed as the realty would be, 4166 Form of petition by administrator for order to pay him balance of proceeds of realty, etc., 4167 What are assets, 4168 Powers as to realty, 4169 Sale of real estate under power in will — Who may exer- cise it, 4170 Power to compromise, release, invest, confess judgment, submit to arbitration, 4171 An administrator may confess judgment against dece- dent's estate for debt contracted by decedent, 4171, 4943 But not for debt subsequently contracted for the estate, 41 7 r By signing warrant to confess judgment, he does not become liable personally, 41 71 He may also waive inquisition upon a fi. fa., 4i7i> 4943 INDEX. 1055 (The references are to the Sections.) Administrators — continued. And submit to arbitration, 41 71 As to investments made by decedent, 4172 Executors and all trustees may petition for order to invest, 4173 Court may so order in United States, state or Philadel- phia loans, in real securities or municipal invest- ments, 4173 Administrators and all trustees may deposit bonds, etc., for safe keeping with real estate companies, 4181 When indentures of apprenticeship extend to executors or administrators, they may assign remainder of term — When the master may assign, etc., 4182 When administrators and others in representative char- acter may appeal without cost or recognizance, 4183 Executors, administrators and trustees entitled to costs and necessary expenses when made garnishees under Act of April 13, 1843, §10, 4184 An administrator has no power to deliver a deed exe- cuted by the decedent in his lifetime, 4185 He cannot bind the estate so as to take the assets out of the course of distribution, 4185 How far the act of an administrator binds his co-admin- istrator, 4187 As to payment of debts, legacies, dower, mortgages fall- ing due, etc., 4188 Executors and all trustees paying taxes, costs, etc., may defalk the same, 4189 Actions by and against executors and administrators, 419° Administrators may sue for rent due to decedent at time of his decease, and may distrain, etc., 419^ Administrator of a tenant for life may sue under-tenant for whole or proportion of rent, 4192 Right to sue in trespass and for breach of contract, 4193 When action may be maintained against administrator by his successor in office, 4^94 Actions against executors and administrators, 4195 Legatee may sue executor, etc., 4^95 1056 INDEX. (The references are to the Sections,) Administrators — continued. Executors and all trustees residing out of the county where their accounts are to be settled, may be sued in that county, and service may be made outside the county or upon any surety, 4198 When executor or administrator of a deceased plaintiff or defendant resides out of the county, sci. fa. may be served by sheriff of county where he resides (Brews. Prac, §2263), 4i99 If this not practicable, or if he reside out of the state, court may order publication, etc. (Brews. Prac., §2263), 4199 Where a legatee or creditor is interested in preserving the lien of a judgment held by the decedent against the executor, he may suggest his interest, issue sci. fa., etc., 4200 A creditor, wishing to charge realty with payment of his claim, must make widow, heirs, devisees, guard- ians, parties (Brews. Prac, §256), 4201 If they are non-residents, court is to direct manner of service (Brews. Prac, §256), 4201 Debt shall not be paid out of the estates of those not served (Brews. Prac, §256), 4201 If executor plead " not sufficient assets," suit to be stayed until account settled in orphans' court, 4202 Executor may be compelled by attachment to file account, etc., ' 4202 After judgment the executor may aver want of sufficient assets, 4203 Execution is to be stayed, 4203 Account to be filed, 4203 Order to file it may be enforced by attachment, 4203 Omission to plead pleru administravit , or to reply to the plea when filed, shall not prejudice, etc. , 4204 Executors and administrators only liable for the assets, 4204 In suit against estate of deceased partner for firm debt, , plaintifif need not aver or prove that surviving part- ner is insolvent, 4207 Where money, etc., in hands of an executor or adminis- trator shall be attached, he may, after the third INDEX. 1057 {The references are to the Sections.) Administrators — continued. term, obtain an order to proceed, and in default of proceeding the garnishee and property may be dis- charged from all liability, 4209 When administrators not liable and when liable to cred- itors after distribution, 4210 Lien of decedent's debts on realty limited to two years after death, 42 1 1 Unless suit prosecuted within that period, 42 11 If debt not payable, copy or statement must be filed within two years, etc., 42 11 Death, dismissal, resignation, renunciation of executors or administrators, revocation of their letters, etc., shall not abate suit, etc. — How it shall proceed (Brews. Prac, §§ 2386, 2387), 4214, 4215 Actions for injuries to persons by negligence or default not to abate by death of plaintiff — Personal repre- sentatives to be substituted (Brew. Prac, § 2391), 4216 When actions abate, 4217 When actions do not abate, 4218 Sureties may be sued without pursuing principal to insol- vency, 4219 If claims exceed penalty of bond, they must pro rate, 4220 When sureties liable for proceeds of realty, 4221 When executor or administrator not liable upon a per- sonal promise, 4222, 4223 Nor any person liable upon agreement for another's default, unless on writing signed, etc., 4222, 4223 Accounts, 4224 Form of account, 4225 Imperfect account, 4226 Rules of the orphans' court of Philadelphia as to accounts, 4227 Form of notice of filing account, 4228 Failure to file account — Remedy, 4229 Must file account in one year, though will allows longer, 4230 Account must be filed though litigation pending, 4231 Where an executor dies, 4232 Form of petition for citation to account, 4233 Who are parties in interest, 4234 1058 INDEX. (The references are to the Sections.) Administrators — continued. A widow is a party, 4234 Creditor is a party in interest, 4Z34 Legatee or claimant is a party in interest, 4234 Who are not parties in interest, 4235 Who may be cited, 4236 Who cannot be cited, 4237 Service of citation to file account, 4238 General form of citation — Proceedings after service, 4239 Answer that assets received were rents, etc., insufficient, 4240 Lapse of time no bar, 4241 Form of order for filing an account, 4242 Account advertised^Practice — -Directions, 4243 Certified copies of accounts to be sent by register to orphans' court, 4244 Notice to be given, 4244 No account to be confirmed unless notice of presentation given, ■ 4245 Rules in Philadelphia county as to accounts and audits, 4246 Under the act of 1832 accounts to be examined by the court, or referred to auditors, 4247 Under the act of 1835 accounts outside of Philadelphia to be confirmed if no exceptions, 4248 In case of exceptions auditor may be appointed, 4248 One or three auditors might be appointed under act of 1840, 4249 And appointment may be made under act of 1840 on application of creditor, legatee, heir or other person interested, 4249 Philadelphia court rules as to auditors, application, notice, report, 4250 Audit — Philadelphia rules as to times of audit, 4251 Evidence to be submitted as to existence of cash and securities, 4251 Copy of inventory to be shown at audit, 4251 Accounts to be vouched, 4252 A statement or petition to be handed to auditing judge in Philadelphia, 4253 Form of petition to be handed to auditing judge, 4254 INDEX. 1059 (The references are to the Sections.) Administrators — continued. Form of memorandum for auditing judge, 4255 Upon the audit all parties in interest : creditors, claim- ants, legatees, and all entitled, should present their claims, 4256 When administrator should claim assets in the hands of his deceased predecessor — Practice, 4256 If a creditor fail to present his claims at the audit he can sue at law, 4257 Creditors of non-resident distributee, 4258 When fund will be paid to administrator of domicile, 4258 What are proper credits — Funeral expenses, 4259 The estate of a decedent not liable for the funeral expenses of his widow, 4259 Nor for expenses at the decedent's wake, 4259 Erection of tombstone or monument, 4260 Administrators may expend a reasonable sum for tombstone, etc., 4260 But this expenditure is always at the risk of the accountant, 4260 Reasonable allowance for mourning clothes for fam- ily of decedent, 4260 Bank deposits, 4261 An executor not to be surcharged when a deposit continued in a bank where it was originally made by decedent, 4261 Where securities pledged by decedent remain in a broker's hands who hypothecated them, execu- tors will not be held liable, 4261 Administrator not chargeable with assets in another state, 4262 Administrator at domicile mustaccount for assets received from ancillary administrator, 4263 Not liable for loss in collections, where due diligence shown, 4264 Expenses in collection, 4265 Loss by continuing or settling business of decedent, 4269 Failure to insure after directions not to do so, 4270 As to credits for counsel fees, 4271 When executor or administrator surcharged, 4272 1060 INDEX. (The references are to the Sections.) Administrators — continued. Applying assets to payment of legacies to prejudice of creditor, 4272 Administrator must pay individually the cost of obtain- ing sureties on bond, 4273 For delay and loss in converting personalty, 4274 When mortgage or repairs to real estate paid out of rents they must not be included in personalty, 4275 Failure to account for personalty — Practice, 4276 Where administrator is debtor to estate — Interest, 4278 Accepting bill of exchange, 4279 Failure of bank — Deposit in name of executor, 4280 An executor or administrator cannot sell, pledge or use the trust property for his private purposes, 4281 When executor gains discount on notes, 4282 When administrator carries on business for his own bene- fit, 4283 Loss by sale of personalty — Negligence, 4284 Negligence in collection, 4285 When administrator improperly pays debt, 4287 Interest on balance due at last account, 4289 Interest on unpaid debt where assets sufl&cient, 4290 Interest on uninvested balances, 4291 After a year from decedent's death, an administrator will be charged with interest if he neglect to invest, 4291 Executor must account for interest earned, 4291 Executor only liable for interest on surplusage, except where he has used the funds, 4291 It is the duty of an executor to invest, 4291 Any presumption that trustee has accounted for assets may be rebutted, nor does time run against interest on the fund, 4291 Neglect to invest fund so as to make it productive justifies surcharge of interest 4291 Interest surcharged shall not exceed six per cent., 4291 Rule as to surcharging wth interest, 4291 Interest accruing after account is filed belongs to distributees, 4292 Surcharges for counsel fees, 4293 INDEX. 1 06 I (The references are to the Sections.) Administrators — continued. When it is discovered account does not embrace the total assets — Method of surcharge, 4294 Joint and several liability of executors and administrators, 4295 Joint and several liability — Administrators, 4300 Separate accounting, 4300 An administrator properly discharged is not liable for a devastavit by his co-administrator subsequent to dis- charge, 4300 Counsel fees, 4301 When allowed, 43°2 When not allowed, 4303 Commissions of executors and administrators, 4304 When costs of audit imposed, 4305 When account waived — Effect, 4306 Finding of fact — Force of a verdict, 4307 Philadelphia rules as to filing exceptions to adjudication, 4309 Must be filed and copy sent to the judge, 4309 The argument upon exceptions heard on the argument list, 4309 If exceptions not filed within time limited, adjudication will become absolute, 43°9 Where accountant is exceptant, exceptions must be accompanied by an affidavit that they are not intended for delay, 43°9 Partial confirmation of adjudication, 4309 What agreements for confirmation must contain, 43°9 Where account shows no balance for distribution, 4310 Where no objection is made to an account and after the adjudication is filed, a creditor wishes to except to a credit, 43 1 1 Form of exceptions to adjudication, 4312 Under the Philadelphia rule an auditor must notify all parties ten days before filing his report, 4313 Exceptions must be filed with auditor, 43^3 Auditor must then re-examine report, 4313 All reports of auditors shall be filed on Saturday, 4313 If no exceptions, shall be confirmed absolutely on second Saturday succeeding, 4313 If no exceptions be filed to adjudication, 43^4 I062 INDEX. (The references are to the Sections.) Administrators — continued. If exceptions be filed, the case goes on argument list, 4314 No case will be placed on the argument list within five days without a special order, 4314 Philadelphia rule as to paper books, sur exceptions to adjudications, 4315 As to paper books, jar exceptions to auditor's report, 4316 If exceptions dismissed appeal lies, 4317 If sustained, a new schedule may be prepared, 4317 Any party aggrieved may appeal to the supreme court, 4317 An administrator has no right to appeal from the decree awarding distribution, 431? Power to decree a further account, 4318 Effect of absolute confirmation conclusive as to matters included in the account, 4318 Can only be changed by appeal or review, 4318 Confirmation of a former account does not control distribution under a subsequent account, 4318 General matters as to distribution, 43^9 Court may direct accountant to retain fund during litiga- tion, . 4320 Distribution will be ordered in the jurisdiction of the ancillary administration where there are creditors, 4321 The personal estate is the primary fund for payment of all debts, 4322 Order for payment of debts, 4323 All to wait a year, 4323 Except the first preferences, 4323 Where real estate sold under order for distribution before five years, 4324 Administrators may apply proceeds for debts, 4324 If distributees notify administrator not to make pay- ment, the law of 1842 shall not apply unless real estate were legally liable, 4324 Executor who advances money to pay debts stands in place of the creditors, 4324 INDEX. 1063 (The references are to the Sections.) Administrators — continued . Pennsylvania creditors to be preferred whenever the laws of decedent's domicil prefer other citizens, 4325 Distribution only to be compelled after expiration of year, 4326 Necessary deductions to be allowed, 4326 And other distribution in six months, 4326 When administrators may require refunding bond, 4332 When feme covert may give refunding bond, 433^ Married woman may give refunding bond, 4333 Refunding bonds to be given by distributees upon distribution of estate of person presumed to be dead by seven years' absence, 4334 Condition of refunding bond — If it cannot be given the fund to be invested, etc., 4335 Interest to be paid to party entitled, 4335 Form of refunding bond, 433^ No action to be brought on refunding bond after five years, 4337 Exceptions in favor of persons under disabilities, creditors, etc., 4337 Share of deceased distributee to be paid to his personal representative, 43 38 Share of absent distributee to be invested, etc., 4339 Order to pay, 434° Form of petition for order to pay, 4341 Certificate of order to pay, 4342 Form of return to order to pay, 4343 If answer filed to order to pay, court may order it on argument list, 4344 Form of decree dismissing answer — Awarding attach- ment, 4345 If the administrator fail to pay, or to file an answer, or, having filed an answer, the same is dismissed, a petition may be presented for an attachment, 434^ Administrator of estate in which minor interested cannot be appointed guardian, 4349> 43^7 If the property be sold under order of court and purchased by wife of administrator, he is not responsible for the profit she makes, 4449 1064 INDEX. (The references are to the Sections.) Administrators — continued. When executor carries on business of decedent or admin- istrator is partner, 4453 An administrator cannot collect rents. He is not entitled to any commission for attending to the realty, 4456 No commission is allowed if the administrator mingle with his personal funds the proceeds of real estate ' sold by him, 4457 The act of March 17, 1864, does not apply to a trustee appointed after settlement of his administration account, 445^ Administrator was obliged to iile an account eighteen years after decedent's death, 4461 So where twenty-five years had elapsed, 4461 The statute is no bar in favor of an administrator hold- ing proceeds of real estate, 4461 When a vacancy in the office of an executor-trustee may be filled by the administrator de bonis non, 4468 A trust by will does not vest in an administrator of an executor, 4469 Where administration has been granted on absentee's estate, the administrator shall act as trustee, 447 8 Courts may dismiss administrators and trustees for waste or mismanagements, etc., 4479 Discharge and dismissal of executors, administrators, guardians and trustees, 4491 When executors and administrators may be discharged, 4492 When a joint administrator dies or is discharged, 4493 Rules of the orphan's court of Philadelphia — Discharge of executors, administrators, guardians and trustees, 4503 If distributees will not accept the amounts awarded them, 4506 Effect of discharge, 4S°7 Statutory provisions as to when administrators may be removed, 4508 Waste, 4508 Mismanagement, 4508 Likely to prove insolvent, 4508 Failure to file inventory, 4508 Failure to account, 4So8 INDEX. 1065 (The references are to the Sections.) Administrators — continued. Upon refusal to give additional security, letters to be vacated, and new letters granted, 45°9 Upon refusal to comply with order of court, pro- ceedings to be had against party so refusing, 4510 In case of removal from state, letters to be vacated and new letters granted, 45^3 In cases of waste, mismanagement, etc. , surety may make application to the court for his protection, 4514 In cases of waste, mismanagement, insolvency, etc., court may vacate letters, instead of requiring additional-security, 45 iS Removal for lunacy, drunkenness, etc., 4516 Removal for incompetency arising from sickness, etc. ,4517 Waste, etc., of trustees, 4519 Surety of any trustee may compel statement of invest- ments, and, if bad, trustee may be removed, 4520 Cases in which an administrator may be dismissed, etc., 4521 Proceedings after filing of petition to dismiss adminis- trator, 4528 When attachment may issue in the first instance, 4529 When security can be required, 453° Requiring additional security does not relieve original surety, 4531 When bond given, sureties cannot be released by orphans' court, if parties interested would thereby be preju- diced, 4532 Discharged administrator must pay over assets to his suc- cessor, 4533 How decree for dismissal enforced, 4534 New administrator, etc., may proceed at law, 4535 Duties of administrator as to collateral inheritance tax, 4535 Administrators to notifyregister of decedent's real estate, 4545 Administrator paying collateral inheritance tax to take duplicate receipts — Auditor-general to countersign receipts, etc., 454^ How collateral inheritance tax paid on transfer by foreign administrator of loans in this state belonging to decedents, 4547 I066 INDEX. (The references are to th^ Sections.) Administrators — continued. As to sale of real estate under written or parol contract of decedent, 4667, 4668, 4669, 4670, 4671, 4673 When administrator may petition court for leave to exe- cute deed, 4668 Administrators may prove decedent's counterpart of con- tract for payment of consideration for lands and they may petition the court, 4669 No deed made shall discharge lien of purchase money until it be paid or secured, 4669 An administrator de bonis non may convey lands under act of 1792, 4670 In parol contracts administrators shall have the remedy provided by act of March 31, 1792, 4671 Common pleas may order a co-administrator to convey to a colleague, 467I) 4672 Where one of two vendors dies, administrator to deliver deed upon giving bond, 4672 When administrator c. t. a. may sell realty and act as to the same, 46B5 When administrators may sell realty, execute trusts of will, etc., 4686 Powers and liabilities of administrators c. t. a. as to sale of real estate, 4690 Acts of administrator in good faith not to be impeached by establishment of a will, 4691 When an administrator of a deceased creditor can sustain ejectment for purchase money, 4962 Sale of real estate where the personalty is insufficient for the payment of debts, 4699 Where the interests of minors or cestuis que irustent will be promoted, " 4699 Proceedings where the real estate lies in the same or in different counties, 47°° Court may refer applications for sale or mortgage to a master, 47 °i When personal estate insufficient, real estate may be sold for payment of debts, 4702 INDEX. 1067 (The refe^nces are to the Sections.) Administrators — continued. Before sale or mortgage of real estate, inventory and bond to be filed, 4703 Rules of the orphans' court of Philadelphia as to peti- tions for the sale or mortgage of real estate of a decedent for the payment of debts, and petitions for the sale of real estate in other cases, 4704 Proceedings to mortgage real estate for the payment of debts to be by petition, etc., 4704 Ey act of 181 1, sales for payment of debts were to be held after final settlement of administration account, 4705 Application for sale may be made by the administrator at any time subsequent to the decedent's death, 4705 Where the administrator has no funds to pay expenses, he need not apply for the order to sell unless the costs be advanced by creditors, 4705 When interest on debt stops, 4705 When rent goes to heirs, . 4705 When burial lot can be sold, 47oS Purchaser's title cannot be attached collaterally, 470S Requirements of petition to sell for payment of debts, 4706 Petition to sell at public sale should include all the real estate of which the decedent died seized, 4706 Form of petition to sell real estate where personal prop- erty insufficient to pay debts, and decree, 47°7 When debts disputed, proof required before sale ordered, 4708 An administrator who seeks to sell for debts owing to him must prove the claims are bona fide, 4708 When order of sale or mortgage for payment of debts will be granted, 47°9 When order of sale or mortgage for payment of debts will be refused, 471° Order of sale cannot be obtained to sell for payment of first mortgage, 47 1° Refunding bond to be given by distributee upon distri- bution of proceeds of real estate, 47 11 When land sold for payment of debts, life tenant to give security before payment to him, 4712 I068 INDEX. (The references are to th^ Sections.) Administrators — continued. Upon failure to give refunding bond, money to be put out at interest, 4713 In case of execution against decedent's estate, if personal estate insufficient, execution to be stayed until appli- cation made for sale of real estate, 4714 Court may compel application to be made, 4715 Sale authorized for payment of debts, though land lies in different counties, 4716 Where sale of real estate authorized in other cases, 4717 Upon application for sale, day to be fixed and parties notified, 4718 How notice to be given, 4719 Requisites of petition for sale, 47zo Guardians ad litem to be appointed, 4720 Person executing order of sale to give bond for the faith- ful appropriation of proceeds, 4721 No sale to be avoided for misapplication or for- error of judgment, 4721 No executor or administrator to sell until he gives bond for faithful application of proceeds, 4722 Where sale made before expiration of five years, adminis- trators to apply proceeds to payment of debts, unless distributees object, 4723 Title of purchaser at orphans' court sale not to be affected by subsequent revocation of letters, 4724 Purchaser may obtain possession in same manner as pur- chasers at sherifFs sale, 4724 When real estate sold by executors, proceeds to be paid into court, 4725 When one or more administrators die after sale under order of court but before conveyance made, deed to be made by survivor, 4726 Prior sales to be perfected by surviving administrators in case of death of their associates, 4727 In case of death or removal of administrator after sale, the deed to be made by his successor, or if latter fail to enter security, deed to be made by clerk of court, 4728 INDEX. 1069 (The references are to the Sections.) Administrators — continued. Public notice of sale to be given, 4729 Lien of first mortgage not to be destroyed by orphans' court sale, 473© When lien of mortgage preserved against all sales, 4731 Sale for payment of debts may discharge mortgage if mortgagee consent, 4732 Sales outside of Philadelphia may be made partly upon credit, 4733 Return to order of sale, 4734 Confirmation of sale, 4734 Postponements of sale, 4735 Insufficient bids, etc., 4735 Setting aside orphans' court sales, 4737 Conclusiveness of decrees, 4738 Discharge of liens, 4739 Deeds by administrators residing out of county may be acknowledged where they reside, 4760 Non-resident administrators may acknowledge deeds outside of state, 4765 If administrator die before executing deeds court may order its clerk to convey, 4774 Court may order clerk to execute deed where adminis- trator buys at his own sale with leave, 4775 Administrators in Philadelphia and Pittsburg holding public sale, to proclaim names of their testates or intestates, 4748 In partition, administrators acting as trustees are not required to take refunding bonds, 4912 When administrator in a partition sale should pay pro- ceeds into court, 49^4 Administrator to file account of proceeds of a partition sale, 4915 A decree against an administrator is conclusive against his sureties, 4967; 4969 Certified transcripts of amounts due by executor, admin- istrator, guardian or other accountant to be filed in common pleas, 5°^ 7 Lien of same, 5017 1070 INDEX. (The references are to the Sections.) Administrators — continued. Sci. fa. thereon, 5017 Provisions as to increase or reduction of the amount on appeal, 5017 Form of certificate of decree against executor, etc., 5018 See Discharge, Dismissal, Partition, Real Estate, Removal, Renunciation, Sales. Adopted Child. Adopted child not entitled to administer, 405^ Advancements. The orphans' courts have exclusive jurisdiction, 3857 The orphans' court has no jurisdiction to decree pay- ment of an advancement, 3922 The doctrine of advancements, 4615 Definition, 4615 Jurisdiction of the orphans' court, 4616 Statutes, 4617 Testacy or intestacy of decedent, 4618 Advancement a question of intention, 4619 Proof of an advancement, 4620 Real estate transactions between parent and child, - 4621 Disputing decedent's statements as to advancements, 4622 Examples of advancements, 4623 Transactions repelling idea of advancement, 4624 In absence of express directions, debts outlawed cannot be set off against legacies, 4625 When statute begins to run, 4626 Cases where transactions held not to be advancements, 4627 Calculations of value of advancements, 4628 Interest on advancements, 4629 Transactions between parent and his son-in-law, 4630 When advancement may adeem legacy, 4631 How grandchildren affected by advancements, 4632 Where decedent leaves both children and grandchildren, 4632 Or leaves grandchildren, but no children, 4633 Rights of the widow, 4633 Equalization of advancements, 4634 INDEX. 107 1 (The references are to the Sections.) Advertisements. Courts may regulate advertisements, notices, costs, etc., 3804 Courts shall establish a bill of cdsts, 3804 Court, when awarding second citation, may make order for publication, 3813 On proof of service of alias citation or of publication, court may proceed, 3814 Provisions as to notices, advertising, etc., in all cases except accounts of executors, etc., 3835 Advertisement of application for letters when person pre- sumed to be dead required, 4o77 Final advertisement required when court decrees that legal presumption of death has been made out, 4079 Form of final advertisement, 4083 Form of advertisement — Grant of letters, 4133 Executors and administrators to advertise grant of letters, etc., ^ 4134 Court may order publication where it is not practicable to serve executor or administrator in sci. fa. pro- ceedings or where he resides out of -state, 4199 Account advertised — Practice — Directions, 4243, 4244, 4245 Clerk of orphans' court to give notice of hearing of audit list by advertisement, 4246 Auditors must give public notice by advertisement of appointment, etc., 4250 Legal advertisement of filing trustee's account notice to all, 4488 Advertisement of widow's claim for exemption, 4594, 4602 Form of advertisement of widow's claim for exemption, 4604, 4605, 4606, 4607, 4608 Proof of publication, 4609 Form of proof of publication, 46 10 Costs of advertising to be paid by widow, 4614 Advertisement in proceedings to satisfy dower, legacy or other charges upon land where the same have been paid or presumed to be paid and no entry of satis- faction appears, 4667 Public advertisement of orphan's court sales, 47^9 Advertisement required in proceedings under Price act, 4752 1072 INDEX. (The re&reoces are to the Sections.) Advertisements — continued. Advertisement of notice of filing petition for private sale, 4747 Proof of publication required, 4747 Form of advertisement of notice of filing petition for pri- vate sale, 4747 In partition proceedings, where names or residences of any parties unknown, publication will be ordered, 4809 \Vhen citation in partition suits returned with proof of non-residence, an alias citation with order of publi- cation awarded, 4816,4817 Form of order awarding alias citation and order of pub- lication, 4817 Form of return to alias citation and order of publica- tion, 4817 Publication of rule in applications for payment of owelty, 4862 Court may direct publication in proceedings by petition for sale of real estate free from lien of debts not of record, 49^5 When advertisement of account sufficient, 495^ Affidavit. Of administrator as to death, etc., 4084, 4085, 4096 On appeal by personal representative required, 4183 Form of affidavit to caveat (Brews. Prac., §2644), If all caveators cannot make affidavit (Brews. Prac., §2646). Form of affidavit of service of citation (Brews. Prac., §2652). Affidavits of defense by heirs and personal representa- tives when required in proceedings to revive the lien of a judgment, 4936 Philadelphia court rule requiring affidavits of defense, 4936 Age, Age necessary to execute will, 3973 Agreement. Of counsel as to substitution of executor or administrator in pending suit, 4i59> 4160 INDEX. 1073 (The references are to the Sections.) Alias Citation. See Citation. Aliens, Aliens may take, hold and dispose of lands, acquired by devise or descent, 397^ Aliens — What amount of real estate may be held by, 3973 Allegheny. An orphans' court established in every county, 3782 Except in Philadelphia, Allegheny and Luzerne the orphans' courts shall be composed of common pleas judges, 3783 Luzerne and Allegheny courts — Each one judge, 3785 Allegheny county court— To have an associate judge, 3786 Register of wills shall be clerk of court, and [subject to its directions, 379° With approval of court, he may appoint two assistant clerks in Allegheny, 379° Salaries in this county - First assistant, gi,8oo, 3790 Second a.ssistant, §1,500, 3790 How salaries paid, 379° Allowance. For minor's support and education, 4402 To minor out of state, 4403 For minor out of real estate, 4404, 4405 Maybe made notwithstanding direction to accumulate, 4419 Adequacy of allowance, 4420 When order to be made, 4420 To whom paid, etc., 4420 May be made on settlement of account, 4420 Where guardian has been in loco parentis he will not be allowed for support, 4420 Order made for allowance, although legacy is payable at majority, 4420 The principal may be taken for maintenance if necessary, 4420 And interest upon legacy vested but not presently payable, 4420 I074 INDEX. (The references are to the Sections.) Allowance — continued. Even if fund is to go to a survivor, 4420 Trustee of adults may be ordered to pay out of a vested fund, payable in future, 4420 Order will be made to pay out of income, though there be a gift, 4420 Past and future maintenance allowed where parent unable to support child, 4420 Past maintenance not allowed where parent able to support child, 4420 Full proof required of all the circumstances, 4420 Past maintenance allowed out of principal where necessary, 4420 Guardian expends at his own risk if without an order, 4420 Yet he loses costs of an unsuccesful application, 4420 Allowance will not be made to a person who maintains the ward against the guardian's consent. 4420 Maintenance, education and expenses of foreign travel not allowed where father has means, 4422 When allowance by trustee to cestui que trust will not be increased, 4460 Where petition presented for allowance and petitioner wishes to withdraw it, 4982 See Guardians, Minors. Amendment. Petition for guardian may be amended, 4373 Amercements. Power to recover, 3802 Ancillary Administrators. See Ancillary Letters. Ancillary Letters. Rights and duties of ancillary administrators, 4066, 4067 Directions as to obtaining ancillary letters, 4068 Form of petition for ancillary letters, 4073 Debtors must wait for appointment of ancillary adminis- trator, 4160 INDEX. 1075 (The references are to the Sections.) Ancillary Letters — continued. An action of assumpsit will not lie in this state against an ancillary administrator upon a judgment against a foreign administrator, 42 11 Ancillary administrator is entitled to recover all the assets in this jurisdiction, although claimed by the foreign administrator, 42 11 Ancillary administrator may be cited to file account, 4236 Court will direct balance to be paid to administrator at the domicil, 4258 Proceeds of real estate will not be so sent, 4258 Ancillary administrator cannot receive assets belonging to the domicil, 4258 Administrator at domicil must account for assets received from ancillary administrator, 4263 A debtor in this state must pay ancillary administrator and not a foreign executor, 4285 Distribution will be ordered in the jurisdiction of the ancillary administration where there are creditors, 4321 Where suits upon debts of decedent are pending at the domicil, an ancillary administrator will not be ordered to sell real estate in this state, 4710 Annuity. Decreeing payment of annuity charged on land, 3866 When annuity subject to collateral inheritance tax, 4563 Whete land charged with payment of annuity descended to heirs of which annuitant was one, the land dis- charged from payment of annuity /w tanto, 4943 Annuity charged on land, see Legacies. Answer. Answer to petition to revoke letters, 4^14 Answer to petition for citation to file account, 4239 Answer that assets received were rents, etc., insufficient, 4240 If answer filed to petition for order to pay, the court may order it on argument list, 4344 1076 INDEX. (The references are 10 the Sections.) Answer — continued. Form of decree dismissing answer — ^Awarding attachment, 4345 If the executor or administrator fail to pay or to fik an answer, or, having filed an answer, the same is dis- missed, 4346 A petition may be presented for an attachment, 4346 In equity cases (page 1040). Appeal. The court has no jurisdiction to change conditions of bond on appeal, 3928 From register's decree shall not suspend administration, 4075 Appeals from decisions of registers, 3975, 409°) 41 16, 5024 Testimony to be taken in writing — Appellate court may reverse, aflfirm, modify, etc., 41 17 Form of appeal from probate of will, 4118 Forms of appeal in other cases, 41 19 Xo caveat or appeal to be entertained unless security entered within ten days — Bond to remain on file with register (Brews. Prac, §2626), 4120 If no security entered, caveat or appeal to be dismissed (Brews. Prac, •§2626), 4121 In cases of appeal from registers, court may fix amount of costs and by whom to be paid — Process upon the bond (Brews. Prac., §2627), 4122 All register's decrees as to costs shall be subject to appeal to orphans' court (Brews. Prac., §2628^, 4123 In Philadelphia, upon appeal, record and testimony certi- fied shall be sent to orphans' court, 41 24 Appeal must be filed with register and security entered and record filed, 4125 Upon appeal, petition for citation must be presented, 4126 Form of issues devisavit vel non must be set forth in petition, ' 4127 Applications for issue must be put on a list — ^Judge of the orphans' court sits as examiner, 4128 How testimony is taken in Philadelphia on application for issues, 4129 INDEX. 1077 (The references are to the Sections.) Appeal — continued. In Philadelphia the judge hearing testimony as to issue shall decide thereon — His decision is subject to exception, 4130 The testimony taken by stenographer filed, 4131 Appeal by administrators d. b. n., power to, 41 61 If unseated land be sold for taxes and bond be given for surplus, executors or administrators may col- lect, pay into court — Distribution, appeal, etc., 4165 Appeal by personal representative, 4183, 4288, 4317 When executor, administrator and others may appeal without recognizance, 4183 Affidavit that the appeal is not taken for delay must- be filed on appeal, etc., 4183 If exceptions to adjudication dismissed, appeal lies, 4317 If sustained a new schedule may be prepared, 4317 Any party aggrieved may appeal to the supreme court, 4317 An administrator has no right to appeal from the decree awarding distribution, 4317 An appeal lies from decree appointing guardian, 4367 Appeals permitted from decrees relating to trusts, 4462 Appeal from appraisement in collateral inheritance tax proceedings, 4549, 4562 When appeal will not lie — When petition dismissed in pro- ceedings to discharge legacies and annuities charged on land, 4640 When appeal will lie — When annuitant applies to be secured by setting aside real estate, 4640 Appeal from appraisement of real estate under the act of April 17, 1869 — When it must be entered, 4696 No appeal lies from an order setting aside a sale, etc., 4737 No appeal lies from a decree granting an order of sale for payment of debts, 474° Appeal lies from refusal to grant an issue where sheriff" makes special return to a sale and the lien creditor is the purchaser, etc., 4744 Appeals in proceedings under the Price act, 4757, 479i When appeal to supreme court allowed in taxation of costs, 4982 1078 INDEX. (The references are to the Sections.) Appeal — continued. When appeal suspends a proceeding by attachment, 4997 Appeals to the supreme court, 5023 In equity cases (pages 1038, 1040). Appearance. Proceedings to obtain an appearance, 3806 Statutory power to obtain appearance in common pleas in cases of trusts, 4462 In equity cases (page 1040). Appointment. Execution of power of appointment, 4005 Appraisement. How to be made, 4146 Oath of appraisers, 4146 The appraisement is not binding on distributees, 4147 To be filed with register, 4148 Appraiser's fee, one dollar per day, 4^49 Form of inventory and appraisement, 4150 On failure to file inventory and appraisement, citation may issue, 4151 Form of petition to secure filing of inventory, 4152 Form of citation to compel filing of inventory, 4^53 Register to record and index inventory and appraise- ment — Exemplification to be evidence, 4154 What are assets, 4168 No relative of any judge to be appointed appraiser, 4178 When parties may nominate appraiser, 4^79 Copy of inventory and appraisement to be produced at audit, 4251 Appraisement of estate subject to collateral inheritance tax, 4549,4550,4551 Appeal from appraisement, 4562 Form of appraisement for collateral inheritance tax, 4564 Appraisement under the widows' claim for exemption, 4571. 4572. 4573. 4575. 457^, 4580, 4581 Necessity for prompt appraisement on claim for exemp- tion, 4585 When appraisement not necessary, 4586 INDEX. 1079 (The references are to the Sections.) Appraisement — continued. When appraisement necessary, 458? When the exemption is a charge on land, 4587 What the appraisement must show, 45 90, 461 1 Objections to appraisement, 459 1 When appraisement confirmed, etc., 459^ Form of appraisement in widow's claim for exemption, 4595> 4597 When appraisement set aside, 4612 When testator directs real estate to be appraised and sold, or devises it to any persons at an appraisement, and does not indicate by whom the appraisement shall be made, application to be presented to orphans' court, 4694 Appointment of appraisers and how appraisement made, 4^95 Appraisement to be returned and confirmed, 4696 Appeal, 4696 On return of appraisement, estate to be adjudged as directed by will, 4697 Oath of appraisers, 4698 Fees of sheriff and appraisers. 4699 Apprentice. When indentures of apprenticeship extend to executors or administrators, they may assign remainder of term — When the master may assign, etc., 4182 Court may bind out minors, 444° Master to be of the same religious persuasion as appren- tice, etc., 4441 See Minors. Arbitration. Power of administrator to compromise, release, invest, confess judgment, submit to arbitration, 41 7 1 Assignment. Orphans' courts have jurisdiction to enforce right of assignee of a legacy and to pass upon validity of assignment of a legacy, 3852 To pass upon the validity of an assignment of real estate, 3853 I080 INDEX. (The references are to the Sections.) Assignment — continued. When indentures of apprenticeship extend to executors or administrators they may assign remainder of term — When the master may assign, etc., 4182 An assignee who did not invest for fifteen months was not charged with interest, 4449 An assignee for benefit of creditors cannot set up statute against the claims of a creditor, 4461 Of error, in equity cases (page 1040). Attachment. Attachment — Sequestration — Fi. fa. may be issued to enforce decree, 3817 How attachment or sequestration to be executed, 3818 When attachment or sequestration may issue in the first instance, 3823, 4529 When they may be dissolved, 3824 When trust property may be taken possession of by sheriff, 3825 When debts due to a trust, stocks, etc., may be attached, 3825 Sheriff or coroner may demand security before executing writ attaching trust property, 3825 Like proceedings on final order, 3826 On return of writ, property to be disposed of according to equity, 3827 When defendant in default may be admitted to a defence, 3829 Orphans' court has power to settle the account of a guar- dian, and may compel payment by attachment or sequestration of balance due by guardian to ward, 3846 When attachment may issue against attesting or sub- scribing witness to a will when he refuses to appear before register, 3982 May issue to enforce decree, to pay over, by a dismissed administrator to his successor, 4194 May issue to enforce order on executor to settle his account in orphans' court, in a civil action against him, where he avers want of sufficient assets, 4202 May issue to enforce order on executor to settle his account in orphans' court when judgment obtained, but exe- INDEX. 1 08 1 (The references are to the Sections.) Attachment — continued. cution stayed, on his averment of want of sufficient assets, 4203 May issue to enforce order to file account, 4242 Form of decree dismissing answer — Awarding attach- ment, 4345 If the executor or administrator fail to pay or to file an answer, or, having filed an answer, the same be dis- missed, 4346 A petition may be presented for an attachment, 4346, 4992 An order requiring additional security cannot be enforced by attachment, 4444 Attachment may issue to compel obedience to orders in cases of trust in common pleas, , 4462 When court orders dismissed trustee to turn over books, etc., such decree may be enforced by attach- ment, 4479, 4519, 4534 When executor,administrator or guardian about to remove out of state attachment to issue, 4508 When dismissed executor, administrator or guardian refuses to turn over assets in accordance with order of court, an attachments may issue, 4510 Attachment may issue to enforce order compelling an application to orphans' court, where an execution issues against decedent's estate and the personalty is insufficient, and execution stayed, until applica- tion for sale of realty, 47^4 Attachment — Power to issue, 4988 Attachment issues against the person, 4988 Purpose of the writ, 4988 When attachment may issue, 49^9 When attachment will not issue, 4982, 4990 Practice on an attachment, 499 1 Proceedings subsequent to petition being granted, 4992, 4993 When writ issues, 4993 Sheriff brings defendant into court, 4993 Petitioner may be examined, 4993 Case may be continued upon defendant entering security, 4993 When defendant discharged, 4993 I082 INDEX. I The references are to the Sections.) Attachment — continued. When defendant committed, 4993 Form of writ of attachment, 4994 Writs must be directed to the sheriff, etc., 4995 How defendant may be released after commitment, 4996 Appeal a supersedeas, 4997 Attachment against absconding executors, etc. , 4998 Attachment Execution. See Execution. Attorney. The orphans' court can allow counsel fees out of a fund, 3855 The orphan's court has no jurisdiction of claim by administrator against an attorney, 3923 The attorney should never write himself in a will as lega- tee, 3968 ^\^len an attorney may purchase, 4447 Audit. Account filed to be called for, 3781 Notice of, 3804 Audits in Philadelphia — Proceedings — Practice, 4243 Rules in Philadelphia county as to audit, notice, etc., 4246, 4251 Upon audit, evidence of cash and securities composing balance required, 4251 Copy of inventory and appraisement required, 4251 Vouchers of payments to be produced or equivalent evi- dence must be given, 4252 Petition to be presented to auditing judge, 4253, 4254, 4255 Upon the audit all parties in interest, creditors, claim- ants, legatees, etc., should present their claims, 4256 If creditor fail to present his claim he is not concluded from thereafter asserting it, 4257 When creditor of non-resident distributee, and non-resi- dent creditors can claim, 4258 When costs of audit imposed on executor, 43oS Audit of guardian's account, 4431 When costs of audit imposed on trustee, 445° INDEX. 1083 (The references are to the Sections.) Audit — continued. A trustee is not liable for costs of audit where not in default, 4450 Decree allowing widow's exemption cannot be attacked upon audit of executor's account, 459^ Costs of audit imposed according to the equities of the cause, 4980, 4981 Costs of audit discretionary, 4080 When guardian settled his account out of court and ward seeks subsequently to surcharge him, guardian allowed costs of audit, 4982 Auditors. Auditor may be chosen by consent of all parties, 3781 Auditor to be appointed when decree taken pro confesso, 3815 On report of auditors, court may decree, 3816 To be appointed when charges on land paid into court to be distributed, 3865 Orphans' courts and its auditors have power to examine parties, and the court has power to compel produc- tion of books, etc. — Accounts to be audited by court, 3869 All parties in interest may nominate auditor to be appointed by court, 3869 On application of creditor, court may appoint auditor to distribute assets of an insolvent estate. - 3870 May require security for costs, 41 7 7 No relative of any judge to be appointed auditor, 4178 When parties may nominate auditor, 4179 Auditors' reports to be recorded, 4245 Rules in Philadelphia county as to accounts and audits, 4246 Under act of 1832, accounts to be examined by the court, or referred to auditors, 4^47 Under act of 1835, outside of Philadelphia accounts to be confirmed if no exceptions — In case of exceptions auditor to be appointed, 4248 One or three auditors may be appointed, 4249 Appointment may be made on application of credi- tor, legatee, heir or other person interested, 4249 An executor cannot move for appointment of auditor, 4249 1084 INDEX. {The references are to the Sections.) Auditors — continued. Philadelphia court rules a^ to auditors — Application — Notice — Report, 4250 Philadelphia rules as to audit, 4251 Upon the audit all parties in interest, creditors, claim- ants, legatees and all entitled, should present their claims, 4256 Creditors should present their claims at the audit, 4257 But failing to do so may sue at law, 4257 When costs of audit imposed on executor, 4305 If account be referred to auditor, 4315 Under the Philadelphia rule an auditor must notify all parties ten days before filing report, 43^3 Execeptions must be filed with auditor, 4313 Auditor must then re-examine report, 43^3 All reports of auditors shall be filed on Saturday. 43^3 If no exceptions, shall be confirmed absolutely on the second Saturday succeeding, 43^3 As to paper books, sur exceptions to auditor's report, 4316 Court may refer petition to sell minor's real estate to , auditors, 4407 Statutory power to refer accounts of trustees to auditors, 4462 Auditors to be appointed in proceedings to discharge legacies and annuities charged on land, 4638 Auditor will be appointed to determine status of lien where sheriff makes special return to sale and lien creditor, whose right is disputed, purchases, 4744 When auditor appointed in proceedings under the Price act, 4755 Auditor may be appointed to distribute the proceeds of partition sales to protect lien creditors of parties in interest, 491 ij 4914 Auditors, examiners and masters may require security for costs, 4984 Bank Deposit. Bank deposit to joint credit of resident administrator and foreign guardian — No jurisdiction to determine ownership, 39^8 INDEX. 1085 (The references are to the Sections.) Bank Deposit — continued. An executor cannot be surcharged the amount of a deposit which he continued in bank upon the same terms originally made by decedent, 4261 Executor must not deposit the funds of the estate in his own name — Liability therefor, 4280 When guardian not liable on failure of bank in which he has deposited moneys of ward's estate, 4424 Bank account of trustee not liable for his private debts, 4446 If trustee deposit with a banking firm of which he is a member and receive no interest, he is not charge- able with interest, 4447 Trustee not liable for loss of deposit by failure of bank, if cestui que trust agreed with bank for interest, 4449, 4460 Trustee is liable for deposit with private banker, although advised by counsel, 4449 And for a deposit, on agreement not to draw except on notice, 4449 A trustee is not liable for leaving money where it had been deposited by the testator, 445° In the case of a bank the statute begins to run after demand made by depositor and the bank's refusal to pay, 4461 See Executors, Administrators. Beneficial Associations. Real estate held for, or owned by, may be sold, mort- gaged, leased or conveyed on ground rent, 3873, 4750 Berks County. Separate orphans' court, 37^4 Bill of Costs. When to be filed— Practice, 4982 See Costs. 1086 INDEX. (The references are to the Sections.) Bill of Review.. Bill of review to be printed, 3837 When re-hearing granted, 3887 What to be set forth, 3887 To be verified by oath, etc., 3887 Bill of review the proper remedy for mistakes or omis- sions after confirmation of final account, 3888 Orphans' court may correct errors in original decree, not- withstanding such decree has been affirmed by supreme court, 3890 When bill of review against guardian sustained, 4426, 4433 Bills of review are a part of equitable jurisdiction, 4948 General principles, 4949 Mistaken judgment not sufficient, 49So General rules in chancery as to diligence, 495 1 As to impeaching the witnesses, 495 2 Cumulative testimony, 495^ Bill to reverse a reversal, 4953 Lapse of time, 4953 Demurrer, 4953 Stay, 4953 Requisites of the bill, 4953> 4958 The act of October 13, 1840, 4954 As to the time within which the bill of review must be presented, 4955 As to stale claims, 4955 The right to a bill of review may be lost by laches even in cases of fraud, 4955 For what the review must be asked, 495^ Omissions and mistakes, 495^ Not allowed for miscalculation of interest, 495^ Allowed to surcharge moneys not accounted for, 495^ Not allowed because distributees refuse to accept, 495^ Allowed for premature filing, of account and decree, 495 6 When allowed for new proof, 49S6 Error of law must appear, 495^ Advertisement of account according to law enough, 495^ Overhauling accounts of guardians, 49S6 INDEX. 1087 (The references are to the Sections.) Bill of Review — continued. If the trustee be dead, his representatives should beware of calling any witness to the transaction, 4956 By whom the petition for a review can be presented, 4957 A creditor whose claim was not adjudicated cannot have a review, 4957 Requisites of the petition, 495 8 Form of bill of review and decree for citation thereon, 4959 Form of answer to petition, 4960 When examiner appointed, 4960 Argument upon petition and answer, 4960 Court cannot alter its decree after the end of the term at which it was entered — The remedy is by bill of review, 4966 A bill of review a matter of right when error appears in decree, or new matter arisen since decree, 4966 Bill of review allowed ex gratia for after-discovered evi- dence,' 4966 Bond. Official — ^Action on — No jurisdiction, 3895 The orphans' court has jurisdiction to ascertain liability of executor, but cannot enforce bond, 3919 No jurisdiction to change condition of bond on appeal, 3928 Bond for costs in issues d. v. n., 3974) 4089 No bond required from resident executor, 4091 Administrators must give bonds, 4092 Letters void if no bond, and the person may be sued as executor de son tort, 4093 Administrator, with will annexed, to give security for proceeds of sales of realty, 4094 Foreign executor to give bond, 4095 Form of bond of administrator c. t. a. — Oath of admin- istrator, 4096 No name can be taken from the administration bond, 4097 Administrator must pay cost of obtaining sureties on bond, 4098 When bond is signed, administrator may be served, 4099 I088 INDEX. (The references are to the Sections.) Bond — continued. Within one year after full inventory filed, any person inter- ested may except to amount of bond or to its suf- ficiency — Proceedings thereon — ^When letters 'to executors or administrators may be revoked, 4100 After the year application must be made to the orphans' court for additional security, 4100 Amount of bond may be fixed by agreement of all parties in interest in granting letters c. t. a. 4101 Form of petition to fix amount of security in letters c. t. a., 4102 No caveat or appeal to be entertained unless security entered within ten days — Bond to remain on file with register (Brews. Prac, §2626), 4120 If no security entered, caveat or appeal to be dismissed (Brews. Prac, §2626), 4121 In cases of appeal from registers, court may fix amount of costs and by whom to be paid — Process upon the bond (Brews. Prac, §2627), 4122 All register's decrees as to costs shall be subject to appeal to orphans' court (Brews. Prac, §2628), 4123 Executors and administrators may collect bonds given for the surplus on tax sales — Power of court to suspend the collection, 4164 If unseated land be sold for taxes and bond be given for surplus, executors or administrators may collect, pay into court — Distribution — Appeal, etc., 4165 Where real or personal property shall be sold on execu- tion for more than the record liens, the surplus shall be paid to executor or administrator upon his giving bond, 4166 Executors and all trustees may deposit bonds, etc., for safekeeping with real estate companies, 4181 In executions against executors in foreign attachment — Bond to be given, 4208 Actions on the administration bond, 4218 In suit on the bond, if judgment be recovered, execution cannot issue until damages proved and assessed, 4218 INDEX. 1089 (The references are to the Sections ) Bond — continued. Sureties may be sued without pursuing principal to insol- vency, 4219 If claims exceed penalty of bond, they must pro rate, 4220 When sureties liable for proceeds of realty, 4221 Cost of obtaining sureties on bond must be paid by administrator individually, 4273 The power to require trustees on application of sureties to account, to give a new bond, etc., applies where an executor is trustee by virtue of his office, 4444 One trustee cannot bind his colleagues by changing the condition of a bond, 4459 If only one trustee give the bond required by act of 1814 he cannot act, 4459 Where party absent and unheard of for one year, the court may appoint trustee who shall give bond, 4476 Surety may cite trustee to file account and show cause why surety should not be relieved — New bond to be given, 4480 Upon failure to give bond, trustee to be removed, 4481 Sureties on old bond liable until new bond approved, 4482 Where cestui que trust removes to another state, securities may be transferred to a new trustee in such state when bond given, 4484 Bond required in sales of real estate for i^ayment of debts, 4703 Bond required in sales of real estate in other cases, 4721, 4722, 4742 Bond of petitioner in proceedings under Price Act, 4785 Bond of sequestrator — Form of, 5001 See Recognizance, Security. British Guiana. Will in — Requirements, 4o°7 Canada Wills. Wills in Canada, 4023 Case Stated. No jurisdiction over, 3915 logo INDEX. (The references are to the Sections.) Caveat. Caveats in issues d. v. n., 3974 How to oppose the claim of petitioner for the letters — Caveat to be filed, 4089 On disputed facts before registers (orphans') court (Brews. Prac, §2602). Feigned issue devisavit vel non after caveat (Brews. Prac, §2603). Register's precept (Brews. Prac, §2603). The finding final (Brews. Prac, §2604). Immaterial variation from form does not vitiate (Brews. Prac, §2605). General principles applicable to feigned issues (Brews. Prac, §2621). Necessary allegations (Brew., Prac, §2622). Questions of law cannot be certified (Brews. Prac, 2623). Material allegations must be supported (Brews. Prac, §2624). No appeal from award of issue (Brews. Prac, §2625). Refusal of issue reviewable (Brews. Prac, §2625). Rulings on trial, charge, etc., reviewable (Brews. Prac, §2625). As to wills, register can award precept before probate (Brews. Prac, §2625). Register cannot act after probate (Brews. Prac, §2625). After probate, dissatisfied party must appeal (Brews. Prac, §2625). Bond for costs to be filed by caveator or appellant (Brews. Prac, §2626). Decree for costs (Brews. Prac, §2627). Appeal lies from register's orders as to security, etc. (Brews. Prac, §2628). Evidence must be sufficient to sustain verdict against will (Brews. Prac, §2629). Disputed wills (Brews. Prac, §2631). Contestant of will should file caveat if will has not been probated (Brews. Prac, §2640). Form of caveat Brews. Prac, §2641). INDEX. 1 09 1 (The references are to the Sections.) Caveat — continued. Another form of caveat (Brews. Prac, §2643). Form of affidavit to caveat (Brews. Prac, §2644). If all caveators cannot make affidavit (Brews. Prac, §2646). If caveators are not heirs at law (Brews. Prac, §2647). After caveat filed (Brews. Prac, §2648). On appeal to orphans' court notice must be given (Brews. Prac, §2649). Form of petition sur appeal for issue, etc (Brews. Prac, §2650), 5024 Form of decree for citation (Brews. Prac, §2651). Form of affidavit of service of citation (Brews. Prac, §2652). Form of answers to petition (Brews. Prac, §§2653, 2654). Form of replication (Brews. Prac, §2655). If issue be granted, proponent cannot appeal (Brews. Prac, §2656). If issue granted contestant files in common pleas certified copy, etc. (Brews. Prac, §2656). Form of feigned issue (Brews. Prac, §2657), Plea in feigned issue devisavit vel non (Brews. Prac, §2658). Replication in feigned issue devisavit vel non (Brews. Prac, §2659). Subsequent proceedings (Brews. Prac, §2660). When caveat not necessary (Brews. Prac, §2661). Issue will be refuged on matter of law (Brews. Prac, §2662). In Philadelphia form of issue devisavit vel non must be set forth in petition, 4127 Applications for issue must be put on a list, 4128 How testimony is taken in Philadelphia on application for issues, 4129 The judge hearing testimony as to issue shall decide thereon — His decision is subject to exception, 4130 1092 INDEX. (The references are to the Sections.) Certificate. To be attested in name of president judge, 3801 Form of short certificate of grant of letters testamentary, 4106 Form of short certificate of grant of letters of adminis- tration, 4107 Certified Copy. Certified copy of will outside of state — When letters granted on, 3984, 3985, 4068, 4069 Chancery. Orphans' court is a court of chancery, 3840 Within its jurisdiction it has full powers, 3841 Orphans' courts have the jurisdiction of a court of chan- cery for the perpetuation of testimony in cases of destroyed records, 3842 Charge on Real Estate. When decree may be made for payment of money charged on real estate, 3864 Owner of real estate may pay charge thereon when due into court — Proceedings thereon, 3865 Court may decree payment of legacy charged or not charged on land, 3867 Widow's exemption is a charge on land, 4587 In partition proceedings share of tenant for life shall remain charged on land, 48 11 When widow's share in partition proceedings a charge on land, 4873 See Legacies, Liens, Real Estate. Charities. Real estate owned by, or held for, may be sold, mort- gaged, leased, conveyed on ground rent, 3873' 4750 Gifts to charities (correct name), 3931 Limit on property held by a charity, 3932 Charities may invest in ground rents and purchase at judicial sales when interested, 3932 Limit as to date of gift to a charity, 3933 INDEX. 1093 (The references are to the Sections.) Charities — continued. Decisions under the Act of April 26, 1855, 3934 It is not retroactive, 3934 It includes bequests for schools and colleges, 3934 And all religious societies, 3934 And a society for culture, debate and to disseminate scientific truth, 3934 Bequest to a church for masses for repose of testa- tor's soul is within the statute, 3934 Where a devise is made to a charity, and afterwards, within thirty days of death, a change of invest- ment is made, this does not avoid the prior devise, 3934 Effect of codicil (charitable bequest), 3935 What are not charities under the act. 3936 A beneficial society, exclusively for its contributing members, is not a charity, 3936 A bequest to the editor of a newspaper managed for private profit to assist the cause of freedom, is not a charity, 3936 A trust to educate a man for the ministry, and, if he declined, then to a college for the education of ministers, not within act of 1855, 3936 Efforts to evade the act of 1855 (as to charitable bequests), 3936 Where charitable bequest void for uncertainty, or object be not ascertainable or not existing or unlawful, property to go to heirs-at-law, etc., 3938 Discretion of trustees as to charitable distributions, 3939 Form of trust for a charity, 3957 Executors must notify public corporations of devises and bequests within six months, 4156 Legatee entitled to notice, 4157 Children. " Children " held to be a word of limitation, 394^ " Children " held to be a word of purchase, 3949 See Minors. I094 INDEX. (The references are to the Sections.) Citations. Citation — Power to grant in vacation, 3797 Proceedings to obtain an appearance, 3806 Citation may issue, 3807 Citation may be served by party, agent or sheriff, etc. , 3808, 41 13 Manner of service, 3809, 4113 When service may be made on surety, 3810 Return to citation, when it must be under oath, 381 1, 41 13 Return to citation must state manner of service, 381 1, 41 13 When alias citation to issue, 3812 Order of publication of alias citation, 3813 On proof of service or of publication court may proceed, 3814 Decree /re confesso may be entered, 3815 Auditor may be appointed, 3815 On auditor's report court may decree, 3816 Citation to produce will, 3981 Citation to witnesses to will to appear — Penalty for neglect, 3982 Citation necessary in proceedings to revoke letters, 4110, 4111 General form of citation, 41 12 Service of citation, 41 13 On return of citation, 41 14 In Philadelphia, upon appeal, petition for citation must be presented, 4126 Citation to secure filing of inventory and appraisement, 4151 Form of citation to compel filing of inventory, 4i53 Service of citation, 4^53 Form of petition for citation to account, 4233 Who may cite and who may not cite an executor, etc. , to file account, 4234, 4235 Who may be cited and who may not be cited to file account, etc., 4236, 4237 General form of citation — Proceedings after service, 4239 Notice must be given by citation, etc., for removal of e.Kecutor, administrator, guardian or trustee, 4444, 4462, 4485. 4508, 4528 INDEX. 1095 (The references are to the Sections.) Citations — continued. Although the real estate be situated in Pennsylvania, non-resident trustees created by the will of a testa- tor domiciled in another state cannot be cited to account, 4444 Trustee may be cited to file an account, 4462 Citation to issue in common pleas in cases of trusts, 4462 Contingent remainder-man may cite trustee to file account, 4488 Trustee cannot be cited to account pending a bill to decree as to trusts, 4488 Citation may issue to enforce payment of collateral inher- itance tax, 45 54 Citation may issue in applications to discharge land from legacies or annuities charged on it, 4638 Citation may issue in proceedings to satisfy dower and charges on land where the same have been paid or presumed to be paid and no entry of satisfaction appears, 4667 Citation may issue sur petition for attachlnent, 4992 Citation j-«r petition under the Price act — Service, 4751, 4783 Citation required in proceedings in partition, 4814, 4816 When alias citation awarded, 4817 Form of order awarding alias citation and order of pub- lication, 4817 Civil Law. Requirements of the civil law as to wills, 4006 Provisions of the civil law as applied to wills in Holland and British Guiana, 4°° 7 Clerk. Of orphans' court shall be register of wills, 3780, 3788 Powers of, 3788 Duties — Shall have custody of records and seal, 3789 The fees of the clerks of the orphans' court, 4973 Separate orphans' courts may establish register's fee bill, 4974 Dockets of registers and of clerks of orphans' courts, 4976 Fee bill of clerks of orphans' court in Philadelphia, 4977 Fees of clerks for entering proceedings in partition, 4979 1096 INDEX. (The references are to the Sections.) Code Civil, The code civil retains the olograph testament ; it also adopts two other forms of testament : that made par acte public and the testament mystique, 4010 By the code the y/\\\ par acie pmblic is taken by two nota- ries in presence of two witnesses, or one notary in presence of four witnesses, 4018 The mystic form, 4019 It need not be written by testator nor signed by him, 4020 Wills of military men under the code, 4021 Provisions of the code as to wills of seamen, 4022 Codicil. Effect of codicil (charitable bequest), 3935 Codicil with will but one instrument, 3969 See Wills. Collateral Attack on Decrees. See Decrees. Collateral Inheritance Tax. At audit payment of this tax must be vouched by the receipt of the register of wills, countersigned by the auditor-general, 4252 Collateral inheritance tax, 4535 What estates are subject to tax, amount of tax, etc., 453^ What estates exempt from tax, 4537 Payment alone to discharge liability for tax, 453^ Bequests to executors subject to tax if they exceed a fair compensation, 4539 Estate in remainder liable to tax, 454° How calculated and paid, 4540 Tax to be a lien on real estate until paid, 454° Owner of personal estate to make return within one year from decedent's death and to give security, 454° Discount made if tax paid within three months — Penalty imposed if not paid within one year — When estate cannot be settled allowance to be made, 454i Tax to be deducted from legacy, 4542 INDEX. 1097 (The references are to the Sections.) Collateral Inheritance Tax — ^continued. If legatee of specific article refuse to pay, such legacy to be sold and tax paid from proceeds, 4542 Tax to be apportioned upon life estate or estate for years and remainder when legacy not money, 4543 When legacy charged upon real estate, heir to deduct tax before paying amount of legacy, 4544 Executors, administrators and owners to notify register of decedent's real estate, 4545 Executor or administrator paying collateral inheritance tax to take duplicate receipts — Auditor-general to countersign receipt, etc., 4546 How collateral inheritance tax paid on transfer by foreign executor, administrator or trustee, of loans in this state belonging to decedents, 4547 When tax to be refunded, 4548 Register to appoint appraiser, 4549 Appeal, 4549 Appraiser forbidden to take fee from party interested, 4550 Record of appraiser's returns to be kept, 45 51 Monthly returns to be made by register to auditor-gen- eral of returns upon which tax remains unpaid, 4552 When tax unpaid for one year, register to apply to orphans' court to enforce payment, 4553 Citation may issue to enforce payment of tax or to com- pel filing of account, 4554 Register or auditor-general to employ an attorney to ^ represent the state, 4555 Registers to be agents of commonwealth for collection of tax fees, 45 5 6 Register to give bond, 4557 Until bond filed, tax to be received by county treasurer, 4558 Register to make return of tax paid, 4559 Lien of tax to be sued for within five years, 4560 Registers of wills to be agents of the state — Their com- pensation, 4561 Decisions in special cases — When the collateral inher- itance tax is chargeable, 45^2 On remainders, 45^2 1 098 INDEX. (The references are to the Sections.) Collateral Inheritance Tax — continued. Contingent interests, 4562 United States bonds — State bonds, 4562 Choses in action in Pennsylvania belonging to non- resident decedents are not taxable, 4562 Land outside the state, 4562 Interest of a non-resident in a partnership, 4562 Real estate in this commonwealth belonging to a non-resident is liable to the tax, 4562 Deeds and transfers which are virtually wills cannot defeat the levy of the tax, 4562 Transfers in trust, 4562 Dower, 4562 Appointment in favor of issue of testator, 4562 Grandmother's share, 4362 Widow who remarries, 4562 Life estates, 4562 Appraisement — Appeal — Bar, 4562 Assets outside of state, 4562 Judicial sale — Partition, 4562 Illegitimates, 4562 Adopted children, 4562 Executor's duty, 4563 Where the domicile of the testator and the property bequeathed are in a foreign country no tax is charge- able, 4563 If the assets be outside of the state, yet be owned by a citizen of the state, they are taxable, 45^3 If estate not settled in a year, 4563 Specific articles — Tax on the fund, 45^3 Annuities, 45^3 Bequests of debts due, 4563 Executors to pay all charges, 4563 Maximum of tax, 45^3 Income after death, 4563 French spoliation claims not taxable when money paid to heirs, 4563 Nor on a payment by a beneficial association to collat- erals of a decedent, 4563 INDEX. 1099 (The references are to the Sections.) Collateral Inheritance Tax — continued. A devise to a widow, conditioned to pay legacies, sub- jects them to the tax, 4563 Form of appraisement for collateral inheritance tax, 4.564 Where the facts averred in a petition to sell real estate for payment of collateral inheritance tax denied, the matter will be referred to a master, 4708 Commissioners. To provide rooms for courts and records, 379J^ In partition may be appointed instead of inquest, 4792 When orphans' court may appoint commissioners to desig- nate boundaries of curtilage, 4850 Duty of curtilage commissioners — Effect of report — Costs, 4851 Commissions. Executor entitled to where he refrained from sale by understanding with parties in interest, 3885 No jurisdiction to compel an executor to pay his co- executor, 391° In issues d. v. n., 3977 No continuance in taking commissions, except for cause, 3977 May issue to take depositions of attesting or subscribing witness to prove a will, 3983 May issue when will is here and witnesses abroad, 3987, 4069 To prove will in custodia legis, 4069 Power of register to issue, 3983' 4°69 Practice in issuing, 4069 Form of commission to prove will abroad, 4°7o Form of interrogatories to prove will abroad, 4071 Execution of commission to prove will abroad, 4072 Form of return, 4072 Agreement of counsel to take depositions of witnesses abroad, in lieu of commission, 4072 No relative of any judge to be appointed commissioner, 4178 When parties may nominate commissioner, 4179 Commissions of executors and administrators, 4304 Commissions on fund never received by guardian not allowed, 442 2 I lOO INDEX. (The references are to the Sections.) ^Commissions — continued. Nor on balance of triennial account, 4422 Nor on an overcharge, 4422 When commissions refused, 4423, 4435 Commissions of guardians, 4422, 4423, 4424, 4435 When guardian disclaims commissions, 4435 Commissions — Definition, etc., 445 1 General rules as to commissions, 4452 Five per cent, on personalty is the general compensation for careful management, and three per cent. , or less, on realty, allowed, 4452 Commissions can only be allowed on proper subjects of account, 4452 Commissions are not usually allowed on reinvestments, 4452 Nor on assets not collected, 4452 Commissions are not chargeable against the principal until final settlement, 4452 They are to be deducted from income, 4452 A trustee, removed because cestui que trust had not been consulted as to his appointment, is entitled to his . commissions, 4452 A small commission may be allowed to one who has not managed the estate well, if he has acted bona fide, 4452 Mingling trust and private funds and unwillingness to assist in adjusting trust, did not deprive trustee of commissions where he had rendered valuable ser- vice, 4452 Five per cent, for the sale of real estate, concerning which there was litigation, allowed, 4452 Where an executor was testamentary trustee, he was allowed five per cent, upon the corpus of the estate, including unchanged securities, 4452 A bona fide mistake is no reason for ^vithholding an accountant's commissions, 4452 An executor does not lose his commissions if he do not file his account within a year from decedent's death unless loss be shown, 4452 In absence of fraud, a reasonable commissson allowed, although there was negligence, 4452 INDEX. IIOI (The references are to the Sections.) Commissions — continued. •If the administrators adopted a course of management which rendered the estate insolvent, but such a course was approved, commissions will not be denied, 4452 Commissions, where executor carries on the business, or where an executor or administrator is partner, 4453, 4468 When commissions not allowed, 4454 Commissions not allowed upon a debt due by executor, 4454 Commissions not allowed on uncollected assets, 4455 Commissions are not allowed on the value of household furniture bequeathed to widow, 4455 Commissions cannot be allowed on surcharges, 4455 No commission allowed to an administrator on rents, 4456 No commissions on irredeemable ground rent, 4457 No commission if the administrator mingle with his per- sonal funds the proceeds of real estate sold by him, 4457 Nor where an executor mixes trust funds with his own or speculates with trust funds, 4457 Nor where executor produces no vouchers, 4457 Commissions only denied for gross neglect, 4457 Not allowed where the trustee uses the money in his busi- ness, 4457 If trustee convert assets to his own use he will lose com- missions, 4457 Not filing account, save under compulsion, forfeits com- missions, 4457 So, failure to keep separate account, 4457 Or wilful misconduct, 4457 Making unfounded claim forfeits commissions, 4457 Special cases as to commissions, 4458 If a fund be decreed to be paid to another estate the trus- tee of the second estate is entitled to a commission, 4458 Administrators are not entitled to commissions on debts due by distributees which may be applied in liqui- dation of their shares, 445^ Trustee forfeits commission if his surety receive the fund and do not pay, 445^ 1 I02 INDEX. (The references are to the Sections.) Commissions — continued. An administrator entitled to his commissions, although ' he had been in employ of decedent, 4458 Failure to charge a commission will constitute a gift, 4458 Paying income without deduction will not waive commis- sions, 4458- An administrator who by agreement acts as trustee is enti- tled to a commission, 4458 An executor who is also testamentary trustee is not enti- tled to commission as executor and as trustee on the corpus, 4458 But he is entitled to commission on the interest, 4458 A trustee not allowed for collecting rents in addition to his regular commission unless there is evidence of peculiar difficulty, 4458 In an unusual case he may be allowed more than regular commission, 44S8 And a reasonable amount for necessary traveling expenses, 4458 Compensation but not a commission will be allowed for efforts to effect a sale superseded by the parties, 4458 The court will not apportion the commissions, 445 8 Statutory provision as to compensation of trustees, 4462 In cases for specific performance of contract of decedent for sale of real estate commission may issue, 4670 See Administrators, Executors, Guardians, Trustees. Compromise, Power of executor or administrator to, 41 71 All gains by compromise go to the trust, 4447 Conclusiveness of Decrees. See Decrees. Conditions. Conditions against contesting will, 3965 Conditions in restraint of marriage are invalid, 3966 INDEX. I 103 (The references are to the Sections.) Constitution. Provisions of constitution of 1874, as to orpiians' courts, 3778 New orphans' courts establisiied, 3779 An orphans' court in every county where population exceeds 150,000 shall be established, 3779 If any county of less population, an orphans' court may be established, 3779 Court to consist of one or more judges, 3779 They must be learned in the law, 3779 The orphans' courts shall exercise all powers now vested (1874) in orphans' courts or which may be con- ferred on said courts, 3779 Within the county where orphans' court is established, the jurisdiction of the common pleas judges in orphans' court proceedings shall cease, 3779 Contests. Conditions of will against, 3965 Contest over will, etc., 3974) et seq. Contest over will — Costs, etc., 4288 See Issue. Continuance. No continuance in Philadelphia in issues d. v. n., except for cause — Commissions — Subpoenas, 3977 In equity cases (page 1039). Conversion. Surplus received from sale for payment of debts should be distributed as real estate, 474o When real estate converted into cash by petition of parties interested, the proceeds should be distributed as real estate, 4742 The sale of a, minor's real estate under the Price act will be ordered, although in event of death during minority the proceeds would go to parties other than those to whom the land would have descended, 4781 In partition proceedings after recognizance given, heir's share of realty converted into personalty, 4868 When proceeds of sale in partition descends as real estate, 4916 When proceeds of sale in partition descends as personal estate, 49^6 II04 INDEX. (The references are to the Sections.) Conversion — continued. Where the will works an equitable conversion of real estate, the widow and heirs have an interest in it only as personalty, and need not be brought in by sci.fa. in a sale on a judgment against personal rep- resentatives, 4933 When conversion of land of decedent sold under mort- gage, under act of 1834, 4941 Coroner. Fi. fas. to be executed by sheriff or coroner, 3818, 3822 Sheriff or coroner may demand security before executing writ attaching trust property, . 3825 Corporations. Real estate held for or owned by, may be sold, mort- gaged, leased or conveyed upon ground rent, 3873 Necessity for inserting correct corporate name in will, 3931 Executors must notify public corporations of devises and bequests within six months, 4156 Legatee entitled to notice, 4157 Costs. Courts may regulate advertisements, notices, costs, etc., 3804 Costs of clerk's services to be established, 3804 Courts shall establish a bill of costs, 3804 Issues d. V. n. — Bond for costs — Decree for costs (Brews. Prac, §§1082, 1083), 3974 Where letters are revoked because supposed decedent is alive, the cost of the letters and their revocation to be paid by estate of supposed decedent — ^Where letters refused, applicant to pay costs, 4082 Cost of obtaining security on administration bond a per- sonal liability, 4098 In cases of appeal from registers, court may fix amount of costs and by whom to be paid — Process upon the bond (Brews. Prac, §2627), 4122 All register's decrees as to costs shall be subject to appeal to orphans' court (Brews. Prac, §2628), 4123 Costs before auditors, masteis, examiners, 4^77 INDEX. I 105 (The references are to the Sections.) Costs — continued. When executors, administrators and others in representa- tive character may appeal without cost or recogni- zance, 4183 Executors, administrators and trustees entitled to costs and necessary expenses when made garnishees under act of April 13, 1843, §1°; 4184 Executors and all trustees paying taxes, costs, etc., may defalk the same out of any moneys in their hands, 4189 In suits for legacies, costs discretionary with the court, 4206 Cost of obtaining sureties on bond, 4273 Contest over a will — Costs, 4288 When costs of audit imposed on executor, 43°5 Costs of suit prosecuted in good faith — Guardian not liable, 44^4 Trustee may be charged with the expenses of accounts too frequently iiled, 4449 Claiming false credits subjects trustee to costs, 4449 Or re-stating an account improperly kept, 4449 Successful defense of a proceeding to dismiss entitles trustee to costs, 4449; 4489 When costs of audit imposed on trustee, 445° When trustee will be charged with accountant's fees, 4459 Costs of filing account, etc. , chargeable against income account, 4489 Costs of advertising widow's claim for exemption, 4614 When costs for non-performance of a decedent's con- tract for sale of realty must be borne by proposed vendee, 4669 When creditors must advance costs for proceeding to sell realty for payment of debts, 4705 When costs and counsel fees to be paid by all parties in proportion to their interests, 49^ 7) 49^8 Services of clerks in recording partition proceedings to be taxed as part of the costs, 4920 When land subject to encumbrances will be set aside at cost of administrator unless he notify bidders, 4737 When purchaser's expenses will be paid if sale set aside, 4737 Duty of curtilage commissioners — Report — Costs, 4850 I I06 INDEX. (The references are to the Sections.) Costs — continued. In partition proceedings costs, expenses, commissions, etc., to be paid out of fund, 4854 Costs — History ol, 4972 The fees of the clerks of the orphans' courts, 4973 Separate orphans' courts may establish register's fee bill, 4974 Fee bill of register of wills of Philadelphia, 4975 Dockets of registers and clerks, 49 7 6 How register may collect his costs, 4976 Separate orphans' courts shall establish clerk's fee bill, 4976 Fee bill of clerk of orphans' court in Philadelphia, 4977 Executions may issue for costs on interlocutory as well as on final orders, 4978 Fees of clerks for entering proceedings in partition, 4979 General rules as to liability for costs, 4980 In issues devisavit vel non, 4981 Decisions as to costs, 4982 Filing bill of costs for witnesses, 4982 When stenographer's charges may be taxed as costs, 4982 Attachment will not be granted to Enforce a decree for payment of costs, 4982, 4990 Pleadings in equity to be printed — Amount paid to be allowed as costs, except in cases of poverty, 4983 Auditors, examiners and masters may require security for costs, 4984 Security for costs, 4985 See Administrators, Executors, Guardians, Trustees. Counsel Fees. Power to award out of a fund, 3855 As to credits for counsel fees, 4271 As to surcharge for counsel fees, 4293 Counsel fees — ^Rule as to, 4301 When allowed, 4302 When not allowed, 43°3i 4981 Minor's estate liable for counsel fees, 4421 Counsel fees not allowed, in personal litigation of guar- dian, out of ward's estate, 4422 INDEX. I 107 (The references are to the Sections.) Counsel Fees — continued. A trustee will not be permitted to share the fee of his counsel, 4447 Trustee cannot charge counsel fee for services performed by him, 4448 When allowed in a proceeding to dismiss a trustee, 4449, 4489 In partition, costs and counsel fees to be paid by all parties in proportion to their interests, 4449, 4917, 4918, 4979 If trustee convert assets to his own use, he will lose his counsel fees, 4457 For professional services rendered by a trustee, when allowance will be made, 4458 An accountant's fees may be charged against a trustee where examination is rendered necessary by act of trustee, 44S9 Each trustee cannot employ separate counsel at expense of the estate, 4449 Counsels fees reduced where charges excessive, 4449 Court. Orphans' court declared a court of record, 3838 Effect of decrees, 3838 Shall not be reversed or avoided collaterally in any other court, 3838 Liable to reversal, or modification, or alteration by the supreme court, 3838 To adopt rules of practice, 3843 See Attachments, Auditors, Citation, Chan- cery, Constitution, Costs, Decree, Equity, Judges, Jurisdiction, Notices, Order, Organization, Perpetuation of Testimony, President Judge, Publication, Records, Rules, Seal, Sequestration, Sheriff, Terms, Writs. I I08 INDEX. (The references are to the Sections.) Creditors. Trusts for spendthrifts are designed to protect a cestui que trust from extravagance, debts, creditors, etc., 3958 Where a legatee or creditor is interested in preserving the lien of a judgment held by the decedent against the executor, he may suggest his interest, issue sci. fa., etc., 4200 A creditor wishing to charge realty with payment of his claim must make widow, heirs, devisees, guardians, parties, 4201 If they are non-residents, court is to direct manner of service — Debt shall not be paid out of the estates of those not served (Brews. Prac, §256), 4201 When executors and administrators not liable and when liable to creditors after distribution, 4210 A creditor is a party in interest to cite an executor to file account, 4234 Upon the audit all parties in interest : creditors, claim- ants, legatees, and all entitled, should present their claims, 4256 Creditors must present their claims at the audit, 4257 But if a creditor fails to do so, he is not concluded from asserting it by an action at law, 4257 Creditors of non-resident distributee, 4258 Non-resident creditors have no status to claim, 4258 What are proper credits — Funeral expenses, 4259 Where creditor wishes to except to account, but does not do so at audit, he must apply for re-hearing, 43 n Distribution will be ordered in the jurisdiction of the ancillary administration where there are creditors, 4321 Creditors are entitled to full amounts awarded when estate solvent, 4324 On insufficiency of assets creditors share rateably, 4324 Pennsylvania creditors to be preferred whenever the laws of decedent's domicil prefer other citizens, 4325 No action to be brought on refunding bond after five years, 4337 Exceptions in favor of persons under disabilities, cred- itors, etc., 4337 A decree against the claim of a creditor conclusive, 4967 INDEX. I 1 09 (The references are to the Sections.) Daughter. Trusts for the benefit of daughters, 3959 Form of trusts for the benefit of a married daughter or one about to be married, 3960 See Feme Covert, Married Women, Trusts and Trustees. Death. Death, resignation, removal of executor or testamentary trustee shall not abate suit — His successor to be sub- stituted, etc. (Brews. Prac, § 2387), 4213, 4214 Death, dismissal, resignation, renunciation of executors or administrators, revocation of their letters, etc., shall not abate suit, etc. — How it shall proceed (Brews. Prac, §2386), 4215 Debts. Orphans' court has no jurisdiction to determine as to debt due by distributee to administrator, 3897 Nor of private claim against executor, 3898 Nor against residuary legatee, 3899 Nor by co-heir against heir in partition, 3900 Sale for payment of debts where decedent did not die seized — No jurisdiction to decree, 3903 No jurisdiction of debt due by an attorney toadministrator, 3923 Trusts for spendthrifts designed to protect a cestui que trust from extravagance, debts, creditors, etc., 3958 Foreign executors and administrators may transfer loans of the state and of Philadelphia held by their dece- dents, first filing evidence of authority and affidavit as to debts, etc., 4064 Appointment of a debtor as executor, does not release the debt, 4138 When an executor ascertains that personalty is insufficient for the payment of debts, it is his duty to petition for leave to sell real estate, 4169 As to payment of debts, legacies, dower, mortgages fall- ing due, etc., 4188 Debts to be paid before legacies, dower, etc., 4188 How debts in an insolvent's estate should be paid, 4188 IIIO INDEX. (The references are to the Sections.) , Debts — continued. Lien of decedent's debts on realty limited to two years after death, unless suit prosecuted within that period, 42 1 1 If debt not payable, copy or statement must be filed within two years, 42 11 Debt due by executor, 4277 Where administrator is debtor to estate — ^Interest, 4278 When administrator improperly pays debt, 4287 Interest on unpaid debt where assets sufficient, 4290 Order for payment of debts — ^AIl to wait a year, except the first preferences, 4323 Where real estate sold under order for distribution before five years, 4324 Administrators may apply proceeds for debts, 4324 If distributees object to payment, debts not to be made unless real estate were liable, etc., 4324 Pecuniary legacies to abate in proportion if not sufiicient after discharging debts, etc., 4328 Unless provided otherwise by the will, 4328 Trustee cannot buy up debts, 4447 Trustee cannot be allowed for a claim he voluntarily pays pending time for an appeal if there be a reversal, 4449 Nor for a debt he pays owing by husband of cestui que trust, 4449 An executor is not entitled to commissions upon a debt due by him to testator, 4454 See Liens, Payment of Debts, Real Estate, Sales. Decedent's Debts. See Liens. Declaration. Of rights of parties under a will, no jurisdiction to decree, 391 1 Decrees. Orders and decrees may be transferred to another county, 3834 To be prepared by counsel in certain cases, 3837 INDEX. I I 1 1 (The references are to the Sections.) Decrees — continued. Cannot be attacked collaterally, 3838 Common law action will not lie upon, 3849 When decrees may be made for sale — Mortgage — Lease — Ground rent, etc., 3873 Decree as to administrator conclusive as to sureties, 3889 Decree as to balance due conclusive as to distributees, 3889 Decree piay be corrected by court where erroneous, 3890 Decree for specific performance, when jurisdiction as to, 3909 When no jurisdiction to open decree confirming account, 3920 Decree as to grant or refusal of issue d. v. n. to be con- firmed unless exceptions filed, 3978 Decree of register cannot be collaterally attacked, 4108 Conclusiveness of decree as to advancements, 4634 Conclusiveness of decree where land directed to be sold for purpose of paying legacy charged on it, 4658 Decree of specific performance of contract of decedent in sales of real estate, 4668, 4669, 4670, 4675 Conclusiveness of decree for the sale or mortgaging of decedent's real estate, 4738 Decree authorized in sales under the Price act, 4780 When decree can be made, 4780 Decree under the Price act not of right but in dis- cretion of court, 4780 When decree under the Price act secured by fraud may be impeached, 4783 Decree for private sale of minor's estate, 4785 Decree confirming sale, 4786 Decree of confirmation upon return of inquest in parti- tion is final, 4829 Decree in partition by orphans' court conclusive, 4909 Conclusiveness of decree of orphans' court, 4961 No action of debt will lie thereon, 4962 But a transcript may be filed in common pleas, 4963 The orphans' court is not of general jurisdiction, 4964 It is a court of record, 4965 The court can correct its decrees during the term, 4966 The court cannot alter its decrees entered after the end of the term, 4966 1 1 I 2 INDEX. (The references are to the Sections.) Decrees — continued. When decrees are conclusive, 4967 A decree secured by fraud or collusion may be vacated, 4967 The decree against an administrator is conclusive as to his sureties, 4967, 4969 Although the decree be clearly voidable it cannot be impeached collaterally, 4968 Omission to notify, 497° Notice must be served, 49 71 Orphans' court may enforce its decree, 4986 Decree cannot be revived hysci. fa. issued out of orphans' court, 5016 Certified transcripts of amounts due by executor, admin- istrator, guardian or or other accountant to be filed in common pleas, 5017 Liens created thereby, 5017 Set. fa. thereon, 5017 Provisions as to increase or reduction of the amount on appeal, 5017 Form of certificate of decree against executor, 5018 Decree may be transferred to another county and there be enforced, S019 Advantage of filing certificate, 5020 Filing certificate does not prevent issuing of writ in the orphans' court, 5021 Set. fa. on the transcript, 5022 See Petition. Decree Pro Confesso. On proof of service of alias citation or of publication decree pro confesso may be entered and auditor appointed, 3815 On repMjrt of auditor court may decree, 3816 Attachment — Sequestration — Fi. fa. may be issued to enforce decree, 3817 Decree fro confesso — ^When no answer filed, 3837 Decree /r<7 confesso in partition proceedings, 4816 INDEX. I I I 3 (The references are to the Sections.) Definite Failure of Issue. Clauses in wills, .3955 See Executory Devises, Failure of Issue. Demurrer. Demurrer to petition for citation to file account, 4239 When a defendant may take advantage of the statute of limitations by demurrer, 4461 Demurrer to petition in partition, 4819, 4820 Demurrer to bill of review, 4953 Depositions. Depositions of witnesses in issues d. v. n., 3977 Register may issue commissions to take depositions of witnesses in probate of will, 3983 See Commissions. Devastavit. See Administrators, Executors, Guardians, Trusts AND Trustees. Devisavit Vel Non. See Issue, Wills. Discharge. Discharge of guardians — Jurisdiction over, 3838 Discharge of executor or administrator — ^Jurisdiction over, 3839 The orphans' court can only discharge executor or order security after grant of letters, 3884 How new letters granted if administration become vacant, 4044 When resident guardian discharged and ordered to deliver to foreign guardian, 4381, 4382, 4388, 4389 Guardian discharged for using trust funds, 4423 Ignorance resulting to prejudice of ward ground for removal, 4423 As to discharge of guardian upon his own petition, 4438 Removal of guardian for mismanagement, 4439 I I 14 INDEX. (The references are to the Sections.) Discharge — continued. If trustee neglect to give additional security he may be discharged, 4444 Where an application is pending to compel a trustee to sell real estate, he will not be discharged on his own petition, 4444 Trdstees may be discharged on settlement of their accounts, etc., 4462 Discharge and dismissal of executors, administrators, guardians and trustees, 4491 Distinction between discharge and dismissal, 4491 When executors or administrators may be discharged, 4493> 4494 Requisites of petition for discharge, 4502 Philadelphia rules as to discharge, 4503 Form of petition for discharge, 4504,. 4505 Eiifect of discharge, 45°? Discharged executor cannot make distribution, but pays fund over to successor, 4533 A decree discharging an executor is conclusive, 4967 See Administrators, Dismissal, Executors, Guardians, Removal, Trusts and Trustees. Discovery, The orphans' courts have all powers of discovery neces- sary for exercise of their jurisdiction, 3872 Dismissal. Dismissal of executors — How new letters granted, 4044 Dismissal of executors, etc., shall not abate suit — How it shall proceed (Brews. Prac., §2386), 4215 When trustees may be dismissed, 4462, 4471, 4479, 4494, 4519 On dismissal the court may order all books, papers, moneys, etc., to be delivered to a receiver on giving security, 4462 Trustee may be discharged on settlement of accounts, notice to all, and surrender to a successor appointed by the court, 4462 INDEX. I I 15 (The references are to the Sections.) Dismissal — continued. Before entering on duties of trust a trustee may be dis- missed, 4485 Failing to enter the required security is ground for dis- missal, 4485 Lending trust funds on personal security ground for dis- missal, 4485 Trustee may be dismissed without first requiring security, 4486 Discharge and dismissal of executors, administrators, guardians and trustees, 4491 Distinction between discharge and dismissal, 4491 When executors and administrators may be discharged, 4492, 4493, 4522 When executor may be dismissed, 4521 Refusal to allow co-trustees to examine papers of estate, 4521 Insolvency, 4521 Obstructing the settlement of the estate, 45 2 1 Hostility toward co-trustees or parties in interest, 4521 Appropriating the funds of the estate, 4521 Failure to file inventory, 4521 Suffering property to become worthless, 4521 Lunacy and habitual drunkenness, 4523 When executor cannot be dismissed, 4523 Denial of indebtedness, 4523 Fraud in securing letters, 4523 Differences between the executors, 4523 Where estate has been wasted, 4523 Purchase at his own sale, 4523 Authorizing a stranger to act in his stead, 4523 Form of petition for dismissal of an executor or execu- trix and decree thereon, 4526 Form of petition to dismiss trustee and decree thereon, 45 2 7 Proceedings after filing petition, 4528 When dismissal ordered without citation, 4528 How decree for dismissal enforced, 45 34 See Administrators, Discharge, Executors, Guardians, Removal, Trusts and Trustees. I 1 1 6 INDEX. (The references are to the Sections.) Distress. Executors or administrators may sue for rent due to dece- dent at time of his decease, and may distrain, etc., 4191 See Partition. Distribution. Jurisdiction to distribute assets after payment of cred- itors, 3839 The orphans' courts have jurisdiction to make and enforce distribution of decedents' estates, 3849 Whether the estate be solvent or insolvent, 3849 May adjudicate on the right of a person claiming to be creditor of the testator, 3849 Where the jurisdiction of the orphans' court attaches over a fund, it posesses all powers to make distribu- tion, 3849 It can settle questions of distribution where domicile of decedent in Pennsylvania, 3850 It can decide as to amount of debts and to whom due, 385 1 And distribute to judgment creditors proceeds of sale in partition and make full distribution, 3854 The orphans' court has no jurisdiction of claims by or against an executor, 3897, 3898 Distribution of minor's estate — When no jurisdiction, 3921 Discretion of trustees as to charitable distributions, 3939 If unseated land be sold for taxes and bond be given for surplus, executors or administrators may collect, pay into court — Distribution — ^Appeal, etc. , 4165 Executors making distribution not liable for claims not made known to them where security taken, 4210 Where executor fails to make distribution he will be per- sonally charged with the costs of a proceeding to compel him, 43^5 Where account shows no balance for distribution, 4310 Distribution — Matters of, 43^9 Will be ordered in the jurisdiction of the ancillary administration where there are creditors, 4321 Where real estate sold under order for distribution before five years from death, 4324 INDEX. I I 17 (The references are to the Sections.) Distribution — continued. Administrators may apply proceeds for debts, 4324 If distributees object, payment of debts shall not be made unless the real estate were legally liable, etc., 4324 Distribution only to be compelled after expiration of year, 4326 Necessary deductions to be allowed, 4326 And other distribution in six months, 4326 After one year executors shall, under direction of the court, pay legatees, etc., 4327 First deducting proper demands, 4327 Distribution of the residue — Security, etc. 4327 Administrator in making distribution must take refund- ing bonds, 4333, 4334, 4337 Refunding bonds to be given by distributees upon dis- tribution of estate of decedent presumed to be dead by seven years absence, 4334 Share of deceased distributee to be paid to his personal representative, 4338 Share of absent distributee to be invested, etc., 4339 Distribution of estate of person absent and unheard of, 4477 If distributees will not accept amounts awarded them, 4506 Distribution of proceeds of sale in partition proceedings, 491 1 Before distribution of proceeds of sale, refunding bonds to be given, 49^1 Distribution of proceeds of decedent's estate sold under execution, 494°) 494i A decree directing payment and distribution conclusive, 4967 A decree against the claim of a creditor conclusive, 4967 A decree awarding a fund to an assignee of a distributee, as against an attaching creditor, conclusive, 4967 - Domicil. Forum of, controls questions of distribution, 3850 Administrator must account for moneys received from ancillary administrator, 4263 See Administrators, Ancillary Administrators, Executors. I 1 1 8 INDEX. (The references are to the Sections.) Dower. If decedent die in possession the jurisdiction is exclu- sively in the orphans' court, 3881 The court can decree the determination of a trust created to pay dower, 3882- Widow electing against will must sue for dower in orphans' court, 3883 As to payment of dower, 4188 Proceeding to satisfy dower or other charges upon land, where the same have been paid or presumed to be paid, and no entry of satisfaction appears, 4667 Discharge of claim of dower, 4739 When dower remains charged on the land after sale, 4739 See Partition, Widow. Dry Trusts. Active and dry trusts, 3962 See Trusts and Trustees. Ejectment. No jurisdiction, 3927 Ejectment will not lie to enforce specific performance of a contract, 4680 When executor or administrator of a deceased creditor can sustain ejectment, 4692 Election. Widow electing against will must sue for dower in orphans' court, 3883 Election in the settlement of decedents' estates, 45^4 Where a husband elects to take against the will of the wife, 4565,4566 Decisions under the act of 1855, 4566 What husband may claim, 45^6 Committee of a lunatic may elect, 4566 When husband estopped, 4566 Where the widow elects to take against her husband's will, 4567 Where a widow or children elect to take certain portions of an estate under claim for exemption, 45^^ INDEX. 1 1 1 9 {The references are to the Sections.) Election — continued. Where an election is compelled by a court under incon- sistent provisions in a will, or under a will good in one jurisdiction, but void in some other state, 45^9 As to claims adverse to the estate, 457° Election by a widow against her husband's will, is no bar to claim for her exemption, 4584 Widow electing to take against her husband's will is entitled to same share in his estate as if he had died intestate, 4878 Where widow elects to take against the will, she may apply for partition, 4879 Where a husband elects to take against his wife's will, his share should not be burdened with costs of administration, 4982 Equity. Orphans' court within its sphere is a court of chancery, 3840 Within its jurisdiction it has full powers, 3841 Orphans' courts have the jurisdiction of a court of chan- cery for the perpetuation of testimony in cases of lost or destroyed records, 3842 Pleadings in equity to be printed — Amount paid to be allowed as costs, except in case of poverty, 4983 Rules, amendments to (page 1036). Practice as to appearance and answer in equity (page 1040) . See Chancery. Evidence. Certified copies of foreign will, 3984 Original wills and properly certified copies of wills out- side of state, 3986 Examiner. On appeals from register in Philadelphia, 3976, 4128 Form of reference to examiner and master of petition to invest, 4^75 Proceedings before examiner and master, 4176 Form of report by examiner and master, 4177 May require security for costs, 4178 1 1 20 INDEX. (The references are to the Sections.) Kxaminer — continued. No relative of any judge to be appointed examiner, 4178 When parties may nominate examiner, 4179 Examiner to be appointed to take proofs in proceedings for dismissal, 4528 When examiner appointed in proceedings under Price act, 4752 Form of reference to examiner, 4785 Proceedings before examiner, 4785 When petition to sell real estate free from lien of debts not of record referred to an examiner, 4925 Auditors, examiners and masters may require security for costs, 4984 In equity proceedings abolished (page 1036). See Master. Exceptions. In Philadelphia, the decision of one judge, as to granting or refusing an issue d. v. n., may be excepted to, 3978 When exceptions must be filed, 3978 Exceptions to sufficiency of bond in proceedings before register, 4100 Exceptions to report of master, 4i77 Exceptions to adjudication — Practice, etc., 4243> 43°8, 4309» 43i2, 431:4 In Philadelphia, where accountant is exceptant, the excep- tions must be supported by an affidavit that they are not intended for delay, 4309 Exceptions to adjudication sur guardian's account, 4433 When accountant exceptant, affidavit required, 4433 Confirmation of adjudication, 4433> 4434 A decree dismissing exceptions and confirming a report conclusive, 4967 To referee's findings in equity cases (page 1038). Execution. To be allowed by the court, 3817 Ft. fas. to be executed by sheriff or coroner, 3822 If no petition presented on behalf of defendant, final order may be made on sequestration — Ft fa., 3830 Testatum writs — Power to issue, 3831 Vend. ex. — Power to issue, 3832 INDEX. I 121 (The references are to the Sections.) Execution — continued. Vend. ex. may be issued in same manner as fi. fas. are allowed, 3832 Testatum fi. fa. may be issued in same manner zsfi. fas., 3832 Testatum vend. ex. may be issued in same manner as vend ex.', 3832 T'i. fa. may be awarded to collect balance due guardian on settlement of his account out of ward's estate, 3847 Fi.fa. may be issued by an administrator d. b. n., 416 1 In suits for legacies no execution shall issue until refund- ing bond filed, 4197 In suits against executors, etc., where judgment recovered, if executor aver want of sufficient assets execution to be stayed until account settled in orphans' court, 4203 Execution may issue in cases of trusts in common pleas, 4462 Such process shall issue to another county in certain cases, 4462 Levari facias may issue to collect legacy charged on land, 4654, 4657 In case of execution against decedent's estate, if per- sonal estate insufficient, execution to be stayed until application made for sale of real estate, 4714 The court may compel the application to be made and enforce order, 47 1 5 Execution upon the revived judgment, 4939 Distribution of proceeds of decedent's estate sold under execution, 494°) 494 1 Proceedings where defendant dies between judgment and execution, 4943 Execution may issue in the common pleas for costs of register, 49 7 6 Execution may issue for costs on interlocutory as well as final orders, 4978 Orphans' court may enforce its own decrees, 4986 General practice— How executions are issued, etc., 4987 Attachment — Sequestration — Power to issue, 4988 When attachment may issue, 4989 When attachment will not issue, 499° Practice on an attachment, 499 1 1 122 INDEX. (The references are to the Sections.) Execution — continued. Form of petition for an attachment, 4992 Subsequent proceedings, 4992, 4996 Form of writ of attachment, 4994 Writs must be directed to the sheriff, etc., 4995 How defendant may be released after commitment, 4996 When appeal a supersedeas, 4997 Attachment against absconding executors, etc., 4998 Writ of sequestration — Its nature and effect, 4999 Form of petition for writ of sequestration after life estate levied upon hy fi. fa. — Ven. ex. outstanding, 5000 Form of bond of sequestrator, 5001 Exemption, 5002 Stay of execution, 5003 ./^«. /a. may issue, S004 Practice as to issuing and service of Ji. fd., 5°°5 Fi. fa. may issue after five years without revival, 5005 Fi. fa. may be awarded in favor of guardian against ward, 5005 Fi.fa. against personalty and practice, SooS Fi. fa. against realty and practice, S005 Fi. fa. against corporations and practice, 5005 Fi.fa. against life estate and practice, 5005 Testatum fi.. fa. , 5005 Fi. fa. to enforce decree on which writ of sequestration has issued, 5005 Form of petition {01 fi. fa., 5006 Form of writ oi fi. fa., So°7 Vend. ex. and practice, SQ07 Vend. ex. against life estates and practice, 5007 Testatum vend, ex., 5007 Form of petition for a vend, ex., 5008 Form of writ of ve7id. ex., So°9 Writ of attachment — Execution may issue, 5010 Service of attachment execution, 5010 Attachment execution and practice, 5010 Attachment execution against corporations, 5010 Form of petition for attachment execution, 501 1 Form of writ of attachment execution, 5012 Testatum writs against executor, 5° 13 INDEX. I 123 (The references are to the Sections.) Execution — continued. As to testatum writs of execution and the practice thereon, 5013 Form' of petition for a testatu7n fi. fa., 5014 Lev. fa. may issue, SoiS Decree cannot be revived, 5016 Certified transcripts of amounts due by executor, admin- istrator, guardian or other accountant to be filed in common pleas — Liens, 5017 i'«". /a. thereon, 5017,5022 Provisions as to increase or reduction of amount on appeal, 5017 The transcript may be filed in another county, 5017 Form of certificate of decree against executor, etc., 5018 Decree may be transferred to another county and there enforced, 5019 Advantage of filing certificate, 5020 Filing certificate does not prevent issuing writ in orphans' court, 5021 See Attachment, Sequestration Executors. Process may issue to another county against executors and others in certain cases, 3831 Removal and discharge of executors and administrators and settlement of accounts, 3839 Orphans' courts have jurisdiction in all cases wherein executors are possessed of or are in any way accountable for any real or personal estate of a decedent, 3839 When executor or administrator to execute deed under contract of decedent, 3861 Where the grantee in the deed is executor or adminis- trator, 3862 Contracts by tenants in common, , 3863 Sale of real estate to pay balance due executor, 3877 Testamentary power of sale, 3878 The court has only jurisdiction to discharge executor, to order security, etc., after grant of letters, 3884 1 1 24 INDEX. (The references are to Lhe Sections.) Executors — continued. The court may allow compensation to an executor for efforts to sell land under power, 3885 Orphans' court decree is conclusive of balances due by executors or administrators, 3889 The court has no jurisdiction to enforce individual claims against executor, 3898 Nor to enforce payment of rents of real estate received by an executor, 3902 Nor to decree payment of commissions to a co-executor, 3910 Letters not to be vacated except after notice, or refusal of administrator or executor to give security, etc., 3913 Orphans' court cannot order grant of letters to second applicant, in addition to the letters granted origi- nally by the register of wills, 39 14 The court has no jurisdiction over non-residents' estates, 3916 Wills proved here by two witnesses and copies of wills under seals of the offices where proved and here recorded, shall pass lands and goods, 3984 Definition of executor, 4025 'ExecutOT de son tort, 4027 Probate of wills, 4028 Form of petition for grant of letters testamentary, 4029 Form of oath of subscribing witnesses, 4030 Form of proof of signature of subscribing witnesses to will, 4031 Form of oath of non-subscribing witness, 4032 Letters before death void, 4°33 If there be no creditors a testator may lawfully stay the grant of letters, 4034 Renunciation, 4035 Form of renunciation as executor, 4036 Executor bound to act if he accept, 4038 Where executor will not apply, 4°39 Where will creates the same person executor and trustee, he may decline the latter, 4039 Administration to be granted during minority of exec- utor, 4040 INDEX. I 125 (The references are to the Sections.) Executors — continued. Where there is a will, no executor named, or where exec- utor renounces, 4041 The executor of an executor cannot act in the first estate, 4050 An executor found an habitual drunkard, subsequent to the finding, sold real estate under a power in the will, 4060 No foreign letters confer authority to act in Pennsyl- vania, 4062 Foreign executors and administrators may transfer state, municipal loans, stocks, etc. , 4063 Foreign executors and administrators may transfer loans of the state and of Philadelphia held by their dece- dents — First filing evidence of authority and affida- vit as to debts, etc., 4064 Foreign executors or administrators may issue sci. fas. sur judgments, but letters must be granted here before further proceeding, 4065 Ancillary letters, 4066 Rights and duties of ancillary administrators, 4067 Directions as to obtaining ancillary letters, 4068 Form of commission to prove will, 4070 Form of interrogatories to prove will, 4071 Execution of commission to prove will, 4072 Form of petition for ancillary letters, 4073 'Letters /entente lite, 4° 7 4 When the register may grant \ettexi, pendente lite, 4075 Form of petition for letters pendente lite, 4076 The petition for letters testamentary or of administration should contain affidavit of day and hour of death, 4084 Affidavits to be filed — Date of death to be recorded, 4085 Administrators and executors to be sworn, 4086 Form of oath of executor, 4°S7 How to oppose the claim of petitioner for the letters, 4089 If the register decide against your claim to administer, or if without any claim on your part he grant letters improperly, 4090 Where a will is offered bya resident executor, no bond is required, ■ 4091 I I 26 INDEX. (The references are to the SectiODS.) Executors — continued. Foreign executor to give bond, 409S When letters to executor may be revoked, 4100 Probate of will, 4104 Form of letters testamentary, 4105 Form of short certificate of grant of letters testamentary, 4106 Decree of the register cannot be attacked collaterally, 4108 When letters of administration may be revoked, 4109 How letters may be revoked, 41 10 Form of petition to revoke letters, 41 11 General form of citation, 41 12 Service of citation, 41 13 On return of citation, ' 41 14 Power of register to revoke, 41 15 Appeals from decisions of register, 41 16 Testimony to be taken in writing — Appellate court may reverse, affirm, modify, etc., 41 17 Form of appeal from probate of will, 41 18 Forms of appeal in other cases, 4119 No caveat or appeal to be entertained unless security entered within ten days — Bond to remain on file with register (Brews. Prac, §2626), 4120 If no security entered, caveat or appeal to be dismissed (Brews. Prac, §2626), 4121 In cases of appeal from Registers, court may fix amount of costs and by whom to be paid — Process upon the bond (Brews. Prac, §2627), 4122 All registers' decrees as to costs shall be subject to appeal to orphans' court (Brews. Prac, §2628), 4123 In Philadelphia, upon appeal, record and testimony cer- tified shall be sent to orphans' court, 4124 Appeal must be filed with register and security entered and record filed, 4125 Upon appeal, petition for citation must be presented, 4126 Form of issue devisavit vel non must be set forth in peti- tion, 4127 Application for issue must be put on a list — Judge of the orphans' court sits as examiner, 4128 INDEX. I 127 (The references are to the Sections.) Executors — continued. How testimony is taken in Philadelphia on application for issues, 41 2g In Philadelphia the judge hearing testimony as to issue shall decide thereon — His decision is subject to exception, 4130 The testimony taken by the stenographer filed, 4131 Duty of administrators and executors to advertise, 4132 Form of advertisement of grant of letters, 4133 How executors and administrators are to advertise grant of letters, etc. , 4134 Inventory to be filed in thirty days — ^Account in one year, or when legally required — In cases of foreign wills the inventory and account to be of goods within this state, 4135 Subsequently acquired asssets to be inventoried in four months from discovery, 4136 Inventory to include all personal property, 4137 Appointment of a debtor as executor does not release the debt, 4138 Rents due to a tenant for life shall be vested in his exec- utor or administrator, 4^39 Rents due to any tenant shall be put in inventory, 4140 Estates Z^;- auter vie to be included in inventory, 4141 Inventory of goods sold at public sale to be filed, 4142 Securities in hands of and claimed by others should not inventoried, 4143 Inventory not binding on distributee, 4144 The inventory binds the administrator or executor until mistake clearly shown, 4^45 Appraisement to be made, 4146 The appraisement is not binding on the parties in interest, 4147 Appraisement to be filed with register, 4148 Appraiser's fee, one dollar per day, 4149 Form of inventory and appraisement, 4150 On failure to file inventory and appraisement citation may issue, 41 51 Form of petition to secure filing of inventory, 4152 Form of citation to compel filing of inventory, 4^53 1 1 28 INDEX. (The references are to the Sections.) Executors — continued. Register to record and index inventory — Exemplification to be evidence, 4154 Duties, rights and powers of executors, 4^55 Executors must notify public corporations of devises and bequests within six months, 4156 Legatee entitled to notice of the conditions of a bequest, 4157 Collection of assets and defence of the estate, 4158 Form of substitution of administrator or executor as plaintiff, 4^59 Form of substitution of administrator or executor as defendant, 4160 Proceedings by and against the supposed decedent — Pros- ecuting and defending claims — Opening judgments — Lien of judgment against decedent, 4162 Executors and administrators may collect bonds given for the surplus on tax sales — Power of court to sus- pend the collection, 4164 If unseated land be sold for taxes and bond be given for surplus, executors or administrators may collect, pay into court — Distribution — ^Appeal, etc., 4165 Although the teste of execution be before death of defend- ant, a scire facias must issue, 4166 Where real or personal property shall be sold on execution for more than the record liens, the surplus shall be paid to executor or administra- tor, he giving security, 4166 Proceeds of realty to be distributed as the realty would be, 4166 What are assets, 4168 When executor ascertains that personalty is insufficient for the payment of debts, it is his duty to petition to sell real estate, 4169 Sale of real estate under power in will — Who may exer- cise it, 4170 Power to compromise, release, invest, confess judgment, submit to arbitration, 41 71 Administrator may confess judgment for debt contracted by decedent, 41 71 INDEX. I 129 (The references are to the Sections.) Executors — continued. But not for a debt subsequently contracted for the estate, 41 71 By signing the warrant of attorney he does not become liable personally, 41 71 He may waive inquisition and submit to arbitration, 41 71 As to investments made by decedent, 4172 Executors and all trustees may petition for order to iiTvest — Court may so order in United States, state or Philadelphia loans, in real securites or municipal investments, 4173 All trust moneys may be invested in ground rents or other real estate by leave of the court, 4173 Investments may be ordeted pendenie lite, 4180 Executors and all trustees may deposit bonds, etc., for safekeeping with real estate companies, 4181 When indentures of apprenticeship extend to executors or administrators they may assign remainder of term — When the master may assign, etc., 4182 When executors, administrators and others in represent- ative character may appeal without payment of costs or recognizance, . 4183 Executors, administrators and trustees entitled to costs and necessary expenses when made garnishees under act of April 13, 1843, §10, 4184 An administrator has no power to deliver a deed executed by the decedent in his lifetime, 4185 He cannot bind the estate so as to take the assets out of the course of distribution, 4185 How far the act of an executor or administrator binds his co-executor or co-administrator, 4187 As to payment of debts, legacies, dower, mortgages fall- ing due, etc., 4188 Executors and all trustees paying taxes, costs, etc., may defalk the same, 4189 If executor pay judgment against estate personally, and the personal estate is exhausted, he may recover amount against realty, ' 4189 Actions by and against executors and administrators, 4190 1 1 30 INDEX. (The references are to the Sections.) Executors — continued. Executors and administrators may sue for rent due to decedent at time of his decease, and may distrain, etc., 4191 Executor or administrator of a tenant for life may sue under-tenant for whole or proportion of rent, 4192 Right to sue in trespass and for breach of contract, 4193 When action may be maintained against executor or administrator by his successor in office, . 4194 Actions against executors and administrrftojs, 4^95 Legatees may sue executor, etc., 4195 Unless otherwise directed, legacies are due in one year, 4196 No suit can be brought for legacy until after reasonable demand, 4^97 No execution shall issue until refunding bond filed, 4197 Executors and all trustees residing out of the county where their accounts are to be settled may be sued in that county, 4198 Service may be made outside the county or upon any surety, 4198 When executor or administrator of a deceased plaintiff or defendant resides out of the county, set. J a. may be served by sheriff of county where he resides, 4199 If this not practicable, or if he reside out of the state, court may order publication, etc. (Brews. Prac.,§2263), 4199 Where a legatee or creditor is interested in preserving the lien of a judgment held by the decedent against the executor, he may suggest his interest, issue j«./a., etc., 4200 Creditor wishing to charge realty must make widow, heirs, et al. parties, 4201 If executor plead "not sufficient assets," suit to be stayed until account settled in orphans' court, 42c 2 Executor may be compelled by attachment to file account, etc., 4202 After judgment the executor may aver want of sufficient assets, 4203 ExecutiOTi to be stayed, 4203 Account to be filed, 4203 INDEX. I 131 (The references are to the Sections.) Executors — continued. Order to file it may be enforced by attachment, 4203 Omission to plead //if«i? administravit , or to reply to the plea when filed, shall not prejudice, etc., 4204 Executors and administrators only liable for the assets, 4204 In suits by legatee, nonsuit to be entered if no assets, etc., 4205 In suits for legacies, costs discretionary with the court, 4206 • In suit against estate of deceased partner for firm debt, plaintiff need not aver or prove that surviving part- ner is insolvent, 4207 In executions against executors in foreign attachment — Bond to be given, 4208 Where money, etc. , in hands of an executor or adminis- trator shall be attached, he may, after the third term, obtain an order to proceed, and in default of proceeding the garnishee and property may be dis- charged from all liability, 4209 When executors not liable and when liable to creditors after distribution, 4210 Ijen of decedent's debts on realty limited to two years after death, unless suit prosecuted within that period, 42 11 If debt not payable, copy or statement must be filed within two years, etc., 42 n Personal actions, abatement, etc. — When actions abate (Brews. Prac, §2384), 4212 No suit shall abate or judgment be reversed because of removal, etc., or omission to name any parties (Brews. Prac, §2387), 4213 Death, resignation, removal of executor or testamentary trustee shall not abate suit — His successor to be substituted, etc. (Brews. Prac, §2387), 4214 Death, dismissal, resignation, renunciation of executors or administrators, revocation of their letters, etc. , shall not abate suit, etc. — How it shall proceed (Brews. Prac, §2386), 4215 Actions for injuries to person by negligence or default not to abate by death of plaintifif^Personal repre- sentatives to be substituted (Brews. Prac, §2391), 4216 When actions abate, 4217 1132 INDEX. (The references are to the Sections.) Executors — continued. When actions do not abate, 4218 When executor or administrator not liable upon a per- sonal promise, 4222, 4223 Nor any person liable upon agreement for another's default, unless on writing signed, etc., 4222, 4223 Accounts, 4224 Form of account, 4225 Imperfect account, 4226 Executor must not include in his account rents, taxes, insurance and repairs, 4226 Rules of the orphans' court of Philadelphia as to accounts, 4227 Form of notice of filing account, 4228 Failure to file account — Remedy, 4229 Must file account in one year, though will allows longer, 4230 Account must be filed, though litigation pending, 4231 Where an executor dies, 4232 Form of petition for citation to account, 4233 Who are parties in interest, 4234 Who are not parties in interest, 4235 Who may be cited, 4236 Who cannot be cited, 4237 Service of citation to file an account, 4238 General form of citation — Proceedings after service, 4239 Answer that assets received were rents, etc. , insufficient, 4240 Lapse of time no bar, 4241 Form of order for filing an account, 4242 Account advertised — Practice — Directions, 4243 Certified copies of accounts to be sent by register to orphans' court — Notice to be given, 4244 No account to be confirmed unless notice of presentation given, 4245 Rules in Philadelphia county as to accounts and audits, 4246 Accounts to be examined by the court, or referred to auditors, 4247 Outside of Philadelphia, accounts to be confirmed if no exceptions, ' 4248 INDEX. I 133 (The references are to the Sections.) Executors — continued. The act of 1835 provided that in case of excep- tions, auditor may be appointed, 4248 Under acts of 1832 and 1835, one or three auditors may be appointed, 4249 Appointment may be made on application of cred- itor, legatee, heir or other person interested, 4249 Philadelphia court rules as to auditors — Application — Notice — Report, 4250 Audit — Philadelphia rules as to times of audits, 4251 Evidence to be exhibited showing existence and holding of cash and investments, 4251 Copy of inventory to be produced at audit, 4251 Accounts to be vouched, 4252 Statement or petition to be handed to auditing Judge, 4253 Form of petition to be handed to auditing judge, 4254 Form of memorandum for auditing judge, 4255 Upon the audit, all parties in interest, creditors, claimants, legatees, and all entitled, should present their claims, 4256 If a creditor fail to present his claim, he is not con- cluded from asserting it by an action at law, 4257 Creditors of non-resident distributee, 4258 What are proper credits — Funeral expenses, 4259 The estate of a decedent not liable for the funeral expenses of his widow, 4259 Nor for expenses at the decedent's wake, 4259 Erection of tombstone or monument, 4260 Executors may expend a reasonable sum for tombstone, etc., 4260 But this expenditure is always at the risk of the account- ant, 4260 Reasonable allowance for mourning clothes for family of decedent, 4260 Bank deposits, 4261 An executor not to be surcharged the amount of a bank deposit continued in a bank where origi- nally made by decedent, 4261 I 134 INDEX. (The references are to the Sections. 1 Executors — continued. Where securities pledged by decedent remain in a broker's hands who hypothecated them, executor will not be liable, 4261 Nor chargeable for assets in another state, 4262 Not liable for loss in collections where due diligence shown, 4264 May incur proper expenses for collection, 4265 When executor is stakeholder between charity and heirs and acts in good faith, not liable for expenses, 4266 Nor liable for loss on investment in mortgage if in good faith and due precautions taken, 4267 An executor not personally liable on an agreement signed in an official capacity from which he derives no benefit, 4268 An executor acting in good faith is not liable when sale of real estate under power in will brings less than full value, 4268 Nor is he liable where he received proceeds of land not belonging to the estate and omitted to charge him- self, 4268 Loss by continuing or settling business of decedent, 4269 Failure to insure after directions not to do so, 4270 As to credits for counsel fees, 4271 When executor or administrator surcharged, 4272 Applying assets to payment of legacies to prejudice of creditor, 4272 Cost of obtaining sureties on bond, 4273 For delay and loss in converting personalty, 4274 When mortgage or repairs to real estate paid out of rents they must not be included in personal account, 4275 Failure to account for personalty — Practice, 4276 Debt due by executor, 4277 Where administrator is debtor to estate — Interest, 4278 Accepting bill of exchange, 4279 Failure of bank — Deposit in name of executor, 4280 An executor or administrator cannot sell, pledge or use the trust property for his private purposes, 4281 INDEX. I I 35 ^ (The references are to the Sections.) Executors — continued. When executor gains discount on notes, 4282 When administrator carries on business for his own bene- fit, 4283 Loss by sale of personalty — Negligence, 4284 Negligence in collection, 4285 When executor makes partial payments of ground rent, 4286 When admihistrator improperly pays debt, 4287 Contest over a will — Costs, 4288 Interest on balance due at last account, 4289 Interest on unpaid debt where assets sufficient, 4290 Interest on uninvested balances, 4291 Executor must account for interest earned, 4291 Executors only liable for interest on surplusage, except where he has used the funds, 4291 It is the duty of an executor to invest, 4291 Any presumption which may arise that trustee has accounted for assets may be rebutted nor does time run against interest on the fund, 4291 Neglect to invest fund so as to make it productive justifies surcharge of interest, 4291 Interest surcharged shall not exceed six per cent., 4291 Rule as to surcharging with interest, 4291 Interest accruing after account is filed belongs to the distributees, 4292 As to surcharges for counsel fees, 4293 When account does not embrace the total assets — When discovered — Method of surcharge, 4294 Joint and several liability — Executors and adminis- trators, 4295 Result of neglect when executors jointly enjoined by will to perform certain duties, 4296 An executor liable who knowingly assists his co-executor to appropriate to his use the funds of the estate, 4297 Where executors jointly receive a sum of money, they are jointly and separately liable, 4297 Where one executor permits his co-executor to receive money, having reason to believe it is safe, he is not liable, 429? I 136 INDEX. (The references are to the Sections.) Executors — continued. A joint account establishes joint liability, 4^97 Separate accounting, 4297 Executor not liable for devastavit of securities by co-exec- utor unless negligent, 4298 Joint and individual liability of co-executors explained, 4299 Counsel fees, 4301 When allowed, 4302 When not allowed, 4303 Commissions of executors and administrators, 4304, 4422, 4423, 4424, 4435, 4451-4458 When costs of audit imposed, 4305 When account waived — Effect, 4306 Finding of auditing judge of facts has force of verdict, 4307 Philadelphia rules as to iiling exceptions to adjudica- tion, 4309 Must be filed and copy sent to the judge, 4309 The arguments upon such exceptions heard on the argu- ment list, 43°9 If exceptions not filed within time limited, adjudication will become absolute, 4309 Where accountant is exceptant exceptions must be accompanied by an affidavit that they are not for delay, 4309 Partial confirmation of adjudication, 4309 What agreements for confirmation must contain, 43°9 Where account shows no balance for distribution, 4310 Where no objection is made to an account and after the the adjudication is filed, a creditor wishes to except to a credit, 43 n Form of exceptions to adjudication, 4312 Under the Philadelphia rules an auditor must notify all parties ten days before filing report, 4313 Exceptions must be filed with auditor, 4313 Auditor must then re-examine report, 4313 All reports of auditors shall be filed on Saturday, 43^3 If no exceptions, shall be confirmed absolutely on the second Saturday succeeding, 4313 INDEX. 1-^37 (The references are to the Sections,) Executors — continued. If no exceptions be filed to adjudication, 4314 If exceptions be filed the case goes on argument list, 4314 No case will be placed on the argument list within five days without a special order, 4314 Philadelphia rule as to paper books, sur exceptions to adjudication, 4315 As to paper books, sur exceptions to auditor's report, 4316 If exceptions dismissed, appeal lies, 4317 If sustained, a new schedule may be prepared, 4317 Any party aggrieved may appeal to the supreme court, 4317 An administrator has no right to appeal from the decree awarding distribution, 4317 Power to decree another or further account, 4318 Distribution, 4319 Court may direct accountant to retain fund during litiga- tion, 4320 The personal estate is the primary fund, 4322 Order for payments of debts — All to wait a year, except the first preferences, 4323 An executor advancing money to pay debts stands in place of the creditors, 4324 Pennsylvania creditors to be preferred whenever the laws of decedent's domicile prefer other citizens, 4325 Distribution only to be compelled after expiration of year, 4326 Necessary deductions to be allowed, 4326 Further distribution in six months, 4326 After one year executors shall, under direction of the court, pay legatees, etc., 4327 First deducting proper demands, 4327 Distribution of the residue — Security, etc., 4327 Pecuniary legacies to abate in proportion if not sufficient after discharging debts, etc., 4328 Unless provided otherwise by the will, 4328 Executor shall not be compelled to pay or to deliver to legatee for life or for years or on condition or con- tingency until remainderman secured to satisfaction of orphan's court, 4329 1 1 38 INDEX. (The references are to the Sections.) Executors — continued. Owner of contingent interest may require legatee to give security before receiving property, etc., 433° Where property bequeathed for life, or on contingency, executors shall deliver it on security satisfactory to orphans' court, 433 1 When executors, administrators and guardians may require refunding bonds, 433^ Feme covert may give refunding bond when she comes of age to her guardian (under act of 1859). 4332 Married woman may give refunding bond whenever enti- tled (under act of 1856), 4333 Refunding bonds to be given by distributees upon distri- bution of estate of decedent presumed to be dead by seven years' absence, 4334 Condition of the refunding bond — If it cannot be given the fund to be invested, etc., 4335 Interest to be paid to party entitled, 4335 Form of refunding bond, 4336 No action to be brought on refunding bond after five years, 4337 Exceptions in favor of persons under disabilities, creditors, etc., 4337 Share of deceased distributee to be paid to his personal representative, 433^ Share of absent distributee to be invested, etc., 4339 Order to pay, 434° Form of petition for order to pay, 434i Certificate of order to pay, 4342 Form of return to order to pay, 4343 If answer filed, the court may order it on argument list, 4344 Form of decree dismissing answer — Awarding attachment, 4345 If the executor or administrator fail to pay or to file an answer, or, having filed an answer, the same is dismissed, a petition may be presented for an attachment, 4346 INDEX. 1 1 39 (The references are to the Sections.) Executors — continued. Executor or administrator of an estate in which minor is interested, shall not be appointed guardian by the court, 4349, 4367 When appointment of executor as guardian allowed to stand, 4349, 4373 An executor appointed guardian to receive a pension only, 4350 When executors and guardians may require a refunding bond, 4437 If executors be named as testamentary trustees, after eight years' omission to renounce, their acceptance of the trust will be presumed, 4443 When executor may purchase from testamentary trustee, 4447 An executor of deceased partner may be employed as a clerk by the surviving partner, 4448 When executor or administrator carries on the business of decedent or is partner, 4453) 4454 An executor is not entitled to commissions upon the principal of an irredeemable ground rent, which is payable out of and forms part of the price of real estate sold by him, 4457 The act of March 17, 1864, does not apply to a trustee appointed after settlement of his administration account, 4458 A co-executor need not sign a receipt, he is responsible in solido if he do so, 4459 Executor may decline to act as trustee and retain exec- utorship — Court to fill vacancy, 44^9 But he cannot renounce the executorship and keep the trust, 4469 Courts may dismiss executors for waste or mismanagment — Failure to pay — Failure to obey order, 4479 Courts may make orders for surrender, etc., 4479 Executor may be ordered to convey to a testamentary trustee, 4479 Discharge and dismissal of executors, administrators, guardians and trustees, 449 1 When executors and administrators may te discharged, 4492 1 140 INDEX. (The references are to the Sections.) Executors — continued. Rules of the orphans' court of Philadelphia — Discharge of executors, administrators, guardians and trus- tees, 4503 Form of petition for discharge of the estate of a deceased executor and trustee (filed by his executors), 4504 Form of petition to be filed by an executor for his dis- charge, 4505 If distributees will not accept the amounts, 4506 Statutory provisions as to when executor may be removed,45o8 Waste, 4508 Mismanagement, 4So8 Likely to prove insolvent, 4508 Failure to file inventory, 4508 Failure to account, 4So8 Upon refusal to give additional security, letters to be vacated and new letters granted, 4So9 Upon refusal to comply with order of court, pro- ceedings to be had against party so refusing, 45 10 In case of removal from state, letters to be vacated and new letters granted, 4513 In cases of waste, mismanagement, etc. , surety may make application to the court for his protection, 4514 In cases of waste, mismanagement, insolvency, etc., court may vacate letters without requiring additional security, 45 iS Removal for lunacy, drunkenness, etc., ' 4516 Removal for incompetency arising from sickness, etc., 4517 Waste, etc., of trustees, 4519 Surety of any trustee may compel statement of invest- ments, and if bad, trustee may be removed, 45 20 Cases in which an executor may be dismissed, 4521 Testator's will cannot relieve executors from liability for mismanagement, 4522 When an executor cannot be dismissed, 4523 Requisites of petition to remove executor, etc., 4524 Form of petition to yacate the letters of an executor or executrix for removal from the state, and decree thereon, 4525 INDEX. I 141 (The references are to the Sections.) Executors — continued. Form of petition for dismissal of an executor or execu- trix (removal, devastavit, etc. ), and decree thereon, 4526 Proceedings after filing of petition to dismiss executor, 4528 When attachment may issue in the first instance, 4529 When security can be required, 453° Requiring additional security does not relieve original surety, 4531 When bond given, sureties cannot be released by orphans' court if parties interested would thereby be prejudiced, 4532 Discharged executor musfpay assets to his successor, 4533 How decree for dismissal enforced, 4534 New executor, etc., may proceed at law, 4535 Duties' of executor as to collateral inheritance tax, 4535,4564 When bequests to executors subject to tax, 4539 Executors to notify register of decedent's real estate, 4545 Executor paying collateral inheritance tax to take duplicate receipts — Auditor-general to countersign receipt, etc., 4546 How collateral iijheritance tax paid on transfer by foreign executor of loans in this state belonging to decedents, 4547 Executor's duty in paying collateral inheritance tax — Decisions, 45^3 When executors directed to pay collateral inheritance tax, 4563 If executor refuse to allow appraisement, widow may bring suit, 4613 Real estate, securities, etc., set apart by court shall con- tinue with executors, etc., subject to annuities and legacies charged upon it — Report to be made yearly — Order as to surplus, 4641 As to sale of real estate under written or parol contract of decedent, 4667 When executor may petition court for leave to execute deed, 4668, 4669, 4670, 4673 Executors may prove decedent's counterpart of contract for payment of consideration for lands, and they may petition the court, 4669 No deed made shall discharge lien of purchase money until it be paid or secured, 4669 I 1 42 INDEX. (The references are to the Sections.) Executors — continued . Executor of an executor may convey lands under act of 1792, 4670 In parol contracts, executors shall have the remedy pro- vided by act of March 31, 1792, 4671 A co-executor may be ordered to convey to his colleague, 4671, 4672 Duty of executor to execute conveyance as directed by the court, 4672 Where one of two vendors dies, executor to deliver deed upon giving bond, 4672 Where land devised to be sold and executor .dies, or renounces, or is dismissed, the surviving executor may bring action to recover possession, 4683, 4684, 4686 AVhen remaining executor may sell realty, execute trusts of will, etc., 4686 All powers, etc. , as to realty in any will not given to any person shall be exercised by executors under direc- tion of orphans' court, 4687 A naked authority to executors to sell real estate shall give power to sell, and remedy by entry as if the land had been devised to them to be sold, saving testator's right to direct otherwise, 4688 Power of suniving executor and of acting executor over realty, etc., 4689 When an executor of a deceased creditor can sustain ejectment for purchase money, 4692 Executor with power to convey may do so by attorney, but no trustee shall delegate the discretion for gen- eral management of estate, 4693 Sale of real estate where the personalty is insufficient for the payment of debts, 4699 Where the interests of minors or cestuis que trustent will be promoted, 4699 Proceedings where the real estate lies in the same or in different counties, 4700 Court may refer applications for sale or mortgage to a master, 4701 INDEX. I I 43 ^ (The references are to the Sections.) Executors — continued. When personal estate insufficient, real estate may be sold for payment of debts, 4702 Before sale or mortgage of real estate, inventory and bond to be filed, 4703 Rules of the orphans' court of Philadelphia as to petitions for the sale or mortgage of real estate of a decedent for the payment of debts and petitions for the sale of real estate in other cases, 4704 Proceedings to mortgage real estate for the payment of debts to be by petition, etc., 4704 By act of 181 1 sales for payment of debts were to be held after final settlement of administration account, 4705 Application for sale may be made by the administrator at any time subsequent to the decedent's death, 47oS Where the administrator has no funds to pay expenses he need not apply for the order to sell unless the costs be advanced by creditors, 4705 When interest on debt stops, 4705 When rent goes to heirs, 4705 AVhen burial lot can be sold, 4705 Purchaser's title cannot be attacked collaterally, 47oS Requirements of petition to sell for payment of debts, 4706 Petition to sell at public sale should include all the real Estate of which decedent died seized, 4706 Form of petition to sell real estate where personal prop- erty insufficient to pay debts and decree, 47°7 When debts disputed, proof required before sale ordered, 4708 When order for sale or mortgage for payment of debts will be granted, 4709 When order for sale or mortgage for payment of debts will be refused, 4710 Order will not be granted for payment of a first mort- gage, 4710 Refunding bond to be given by distributee upon distribu- tion of proceeds of real estate, 47 1 1 When land sold for payment of debts, life tenant to give security before payment to him, 4712 1 144 INDEX. (The references are to the Sections.) Executors — continued. Upon failure to give refunding bond, money to be put out at interest, 4713 In case of execution against decedent's estate, if personal estate insufficient, execution to be stayed until appli- cation made for sale of real estate, 4714 Court may compel application to be made, 47 iS Sale authorized for payment of debts, though land lies in different counties, 4716 Where sale of real estate authorized in other cases, 4717 Upon application for sale, day to be fixed and parties notified, "4718 How notice to be given, 4719 Requisites of petition for sale, 4720 Guardian ad litem to be appointed, 4720 Person executing order of sale to give bond for faithful appropriation of proceeds, 4721 No sale to be avoided for misapplication or for error of judgment, 47 zi No executor to sell until he gives bond for faithful appli- cation of proceeds, 4722 Title of purchaser at orphans' court sale not to be affected by subsequent revocation of letters, 4724 Purchaser may obtain possession in same manner as pur- chasers at sheriffs sale, 4724 When real estate sold by executors, proceeds to be paid into court, 4725 When one or more executors die after sale under order of court, but before conveyance made, deed to be made by survivor, 4726 Prior sales to be perfected by surviving executors in case of death of their associates, 47^7 In case of death or removal of executor after sale, the deed to be made by his successor, or if latter fail to enter security, deed to be made by clerk of court, 4728 Public notice of sale to be given, 4729 Lien of first mortgage not to be destroyed by orphans' court sale, 4730 When lien of mortgage preserved against all sales, 473i INDEX. I 145 (The references are to the Sections.) Executors — continued. Sale for payment of debts may discharge mortgage if mortgagee consent, 4732 Sales outside of Philadelphia may be made partly upon credit, 4733 Return to order of sale, 4734 Confirmation of sale, 4734 Postponement of sale, 4735 Insufficient bids, etc., 4735 Setting aside orphans' court sales, 4737 Executors in Philadelphia and Pittsburg holding public sale to proclaim names of their testates and intestates, 4748 Deed by executor residing out of county may be acknowl- edged where they reside, 4760 Non-resident executors may acknowledge deeds outside of the state, 4765 If executor die before executing deed, court may order clerk to convey, 4774 Where executor buys at his own sale with leave, court may order clerk to execute deed, 4775 Certified transcripts of amounts due by executor, admin- istrator, guardian or other accountant to be filed in common pleas, 5017 Liens created thereby, 5017 Sci. fa. thereon, S017 Provisions as to increase or reduction of the amount on appeal, 5017 Form of certificate of decree against executor, etc., 5018 See Discharge, Dismissal, Removal, Renuncia- tion, Wills. Executor de son tort. Definition, 4027 Letters void, if no bond, and the person may be sued as executor de son tort, 4093 Executor de son tort cannot be cited to file account, 4237 1 1 46 INDEX. (The references are to the Sections.) Executory Devises. Whenever limited on real estate, Court may decree sale, mortgage, lease or conveyance on ground rent, 3873, 4705 See Failure of Issue. Executrix. How minor's interest protected when executrix married or about to become married, 451I) 4512 Petition to vacate letters, 45^5 Decree thereon, 45^5 Petition to dismiss, 4526 Decree thereon, 4526 Where a widow is executrix, she may retain three hun- dred dollars in cash without notifying herself as exe- cutrix or presenting a petition for exemption, 4581 See Executor, Wills. Exemption. Where a widow or children elect to take certain portions of an estate under claim for exemption, 4568 Exemption when claimed by widow and children — Statutory provision, 4571 Exemption may be claimed out of money, stocks, debts due and to be appraised by the appraisers of the estate, 4572, 4579, As to exemption claimed out of real estate, 3905, 4573, 4579 See note after Preface. Where widow demands appraisement of real estate to secure her exemption, although no appraisement be made, she may claim her exemption from the pro- ceeds of the sale, 4573 If widow or children take real estate, it vests in them absolutely on paying the surplus, but if it be sold, they take the three hundred dollars in cash, 4574 If no widow, but a child under fourteen, exemption to be allowed and appraisement made without request, 4575 How selection to be made on behalf of a minor under fourteen, 4576 INDEX. I 147 (The references are to the Sections.) Exemption — continued. Widow and children may petition the orphans' court for appraisement when no letters have been granted by register and estate valued at less than three hundred dollars, 4577 Practice in Philadelphia under the exemption act, 4578 By whom the exemption is to be claimed, 4579 When there is a minor under fourteen, 4579 Widow's right — When it vests, 4579 Election of property — As to realty — Claim by children, 4579 If widow non compos, 4579 If two claim as widow, 4579 When the widow cannot claim, 4580 How the widow's claim is restricted — How paid, 4581 The claim must be paid directly to the widow, 4581 When the widow is executrix, how claim paid, 4581 The claim must be paid directly to the widow when she is claimant, 4581 Where a widow is executrix she may retain three hundred dollars in cash without notifying herself as executrix or presenting a petition for exemption, 4581 As to effect of mortgages, mechanic and municipal claims, judgments, etc., upon the exemption, 4582 If widow die after claiming exemption, ' 4583 Her election to take under husband's will, 4584 Necessity for prompt appraisement on claim of exemption, 4585 Widow must demand appraisement promptly, 4585 When appraisement not necessary, 4586 When appraisement necessary, 4587 When the exemption is a charge on land, 4587 What laches will bar claim for exemption, 4588 Second marriage, 4588 When delay in making claim does not bar, 4589 What the appraisement must show, 459° Objections to appraisement, 459 '^ When appraisement confirmed, etc , 459^ Form of claim of exemption, 4593 Rule of the orphans' court of Philadelphia, as to exemp- tion, 4594 1 1 48 INDEX. (The references are to the Sections.) Exemption — continued. Form of petition for widow's exemption out of person- alty — Oath — Appraisement, etc., 4595 Form of decree for exemption, 459^ Form of petition for exemption out of real estate, 4597 Form of decree for exemption out of real estate, 459^ Form of petition for exemption out of real estate valued at six hundred dollars or less, 4599 Form of decree, 4600 Form of petition for exemption under act of June 4, 1883, 4601 Form of decree, 4602 Form of decree in exemption. Act of June 4, 1883, 4603 Form of advertisement where the widow elects to take part in personalty and part in realty, 4604 Form of advertisement where the widow elects to retain personalty under the Act of June 4, 1883, 4605 Form of advertisement where the widow elects to take personalty other than cash for her exemption, 4606 Form of advertisement where three hundred dollars in cash is elected to be retained by the widow, 4607 Form of advertisement where widow elects to take her exemption out of real estate, 4608 As to filing proof of publication and obtaining decree, 4609 Form of proof of publication of widow's claim, 4610 Practice outside of Philadelphia, 46 11 Exceptions to the petition and appraisement, 4612 If exceptions insufficient, 4612 ^^^len exceptions sustained, 4612 When exceptions filed — Burden of proof upon exceptants, 4612 Form of exceptions to petition and appraisement, 4612 If executor refuse to allow appraisement, widow may bring suit, 4613 Costs of advertising to be paid by widow, 4614 Upon execution of an order to pay costs, defendant entitled to claim exemption, 4982 ^^^len administrator not entitled to exemption in cases of execution, 5002 Exemption in cases of execution — Practice, 5002 INDEX. I 1 49 (The references are to the Sections.) Factory. Labor acts and penalties for their violation, 4361 Minor under fourteen not to be employed about elevators, 4363 Minors not to be employed in certain occupations over twelve hours a day, or sixty hours a week, 4364 Minor under thirteen not to be employed in certain works — Aiifidavit to be made, registry kept, etc., 4365 See Minors. Failure of Issue. Clauses as to definite and indefinite failure of issue, 3955 Fee Tail. Whenever real estate entailed, decree may be made to sell, mortgage, lease or convey on ground rent, 3873 See Indefinite Failure of Issue, Shelley's Case, Wills. Fees. Fees and mileage of sheriffs, etc., 3833 Counsel fees — Power to award, 3855 As to credits for counsel fees, 4271 As to surcharge for counsel fees, 4293 Rule as to counsel fees, 43° i As to counsel fees — When allowed, 4302 As to counsel fees — When not allowed, 4303 Fees of sheriff and appraisers in appraisements of real estate under act of 1869, 4699 The fees of the clerks of the orphans' court, 4973 Separate orphans' courts may establish register's fee bill, 4974 Fee bill of register of wills of Philadelphia, 4975 Fee bill of clerk of orphans' court in Philadelphia, 4977 Fees of clerks for entering proceedings in partition, 4979 General rules as to liability for costs, 498° Auditors, examiners and masters may require'security for costs, 4984 Fees of accountants in equity cases (page 1038). Fees of referees in equity cases (page 1040). 1 1 50 INDEX. (Tbe references are to the Sections.) Feigned Issues. On disputed facts before orphans' court (Brews. Prac, §2602). Uevisavit vel nomiter caycsX (Brews. Prac, §2603). Register's precept (Brews. Prac, §2603). The finding final (Brews. Prac, §2604). Immaterial variation from form does not vitiate (Brews. Prac, §2605). General principles applicable to feigned issues (Brews. Prac, §2621). Necessary allegations (Brews. Prac, §2622). Questions of law cannot be certified (Brews. Prac, §2624). Material allegations must be supported (Brew. Prac, §2624). No appeal from award of issue (Brews. Prac, §2625). Refusal of issue reviewable (Brews. Prac, §2625). Rulings on trial, charge, etc., reviewable (Brews. Prac, §2625). As to wills, register can award precept before probate (Brews. Prac, §2625). Register cannot act after probate (Brews. Prac, §2625). After probate, dissatisfied party must appeal (Brews. Prac, §2625). Bond for costs to be filed by caveator or appellant (Brews. Prac, §2626). Decree for costs (Brews. Prac, §2627). Appeal lies from register's orders as to security, etc. (Brews. Prac, §2628). Evidence must be sufficient to sustain verdict against will (Brews. Prac, §2629). Disputed wills (Brews. Prac, §2631). Contestant of will should file caveat if will has not been probated (Brews. Prac, §2640). Form of caveat (Brews. Prac, §2641). Another form of caveat (Brews. Prac, §2643). Form of affidavit to caveat (Brews. Prac, §2644). If all caveators cannot make affidavit (Brews. Prac, §2646). INDEX. I 151 (The references are to the Sections.) Feigned Issues — continued. If caveators are not heirs-at-law (Brews. Prac, §2647). After caveat filed (Brews. Prac, §2648). On appeal to orphans' court, notice must be given (Brews. Prac, §2649). Form of petition sur appeal for issue (Brews. Prac, §2650). 5024 Form of decree for citation (Brews. Prac, §2651). Form of affidavit of service of citation (Brews. Prac, §2652). Form of answers to petition (Brews. Prac, §§2653, 2654). Form of replication (Brews. Prac, §2655). If issue be granted proponent cannot appeal (Brews. Prac, §2656). If issue granted contestant files in common pleas certified copy, etc. (Brews. Prac, §2656). Form of feigned issue (Brews. Prac, §2657). Plea in feigned issue devisavit vel non (Brews. Prac, §2658). Replication in feigned issue devisavit vel non (Brews. Prac, §2659). Subsequent proceedings (Brews. Prac, §2660). When caveat not necessary (Brews. Prac, §2661). Issue will be refused on matter of law (Brews.. Prac, §2662). Feme Covert. y 4424. 445 1> 4452, 4453, 4454, 4455, 4456, 44S7> 44S8 When executors, administrators and guardians may require refunding bonds, 4332 I 1 70 INDEX. (The references are to the Sections.) Guardian — continued. y^hexi. feme covert may give refunding bond, 433^ Guardians of distributees may object to sale of real estate for distribution within five years and notify adminis- trator, ' 4324 General remarks as to guardians, 4347 Jurisdiction of orphans' court over minors, 4348 Appointment of guardians, 4348 Same religious persuasion to be chosen, etc., 4348 Executor or administrator of an estate in which minor is interested, shall not be appointed guardian by the court, 4349 When appointment of executor as guardian allowed to stand, 4349 An executor may be appointed guardian to receive only ♦ a pension, 435° Protection of minors against cruelty, 435 1 Against being employed in dangerous or indecent vocations, or as beggars, or in concerts, drink- ing houses, mines, etc., 435 1 Powers of orphans' court in all such cases, 435 1 Punishment for cruelty, abandonment, neglect, etc., 4352 Employment of children in dangerous, indecent voca- tions, etc., forbidden, 4353 Orphans' court to have jurisdiction to appoint guardians in cases of cruelty, danger to morals, etc., 4358 When child may be committed to humane society as its guardian, 4359 When child may be committed to the guardians of the poor, 4360 Labor acts and penalties for their violation, 4361 Jurisdiction of court in appointment of guardian, 4366 Executor and administrator excluded, 4367 A parent, if living, is guardian of the person and is entitled to notice, 43^7 An appeal lies from decree appointing a guardian, 4367 Notice to mother — Minor — Next of kin, 4368 Discretion in making appointment not reviewable, 4368" IXDEX. I 171 (The references are to the Sections.) Guardian — continued. Irregular appointment may be revoked before guardian qualifies, 4368 When guardian can be appointed during life of parents, 4369 Neglect of father, 43^9 If mother unsuitable, etc., 43^9 How to have guardian appointed, 437° Whom to be appointed, 437° Whom not to be appointed, 437° Requisites of petition for appointment of guardian, 437 1 Duty of guardian as to investment, 437 1 Form of petition for appointment of a guardian, the minor being under fourteen, 4372 Form of petition for appointment of a guardian, the minor being over fourteen, 4373 Tenant in common with a minor cannot object to the validity of the appointment of guardian, 4373 Court can act where thcminor is over fourteen and refuses to petition, 4373 Where father denies that the minor has any estate, court may still appoint, '4373 Petition for guardian may be amended, 4373 Petition should state that proposed guardian is not exec- utor or administrator, etc., 4373 Executor may be appointed guardian under conditional devise, 4373 Testamentary guardians, 4374 Father may appoint testamentary guardian for un- married child, 4375 Except where, for one year prior to his death, he has refused to support his child, 4376 When mother may appoint testamentary guardian, 4377 Putative fathers cannot appoint by testament, 4377 Form of testamentary appointment of guardian, and decisions as to testamentary guardians, 43 7 8 Non-resident guardian — Appointment of non-resident guardian not to authorize interference with minor in this state, 4379 Court may appoint foreign guardian on his giving security, 4379 I I 72 INDEX. (The references are to the Sections. ) Guardian — continued. Court may appoint guardian for minor outside the state and having estates within the jurisdiction of the court, 4380 When the resident guardian may be discharged and • ordered to pay over and to deliver to the foreign guardian, 4381 Court may order resident guardian to pay over to non- resident guardian property of a non-resident ward, 4382 Foreign executors, administrators and guardians may transfer state loans, collect dividends, etc., 4383 Foreign e.xecutors, administrators and guardians may transfer stock of banks and incorporated compa- nies in this state, collect dividends, etc., 4384 Foreign executors, administrators and guardians may transfer stocks and loans of Philadelphia, collect interest, etc., 4385 Foreign executors, etc., may transfer loans of incorpo- rated companies withiiiithis state, 4386 Collect the interest, etc., 4386 Foreign executors, administrators, guardians, etc., may transfer stocks and loans of any incorporated com- pany of this state, 4387 Receive dividends, etc., on filing copy of their authority, etc., 4387 Where guardian and ward both non-resident, such guardian, on proof that he has given security, may demand and remove property of the ward from the state, 4388 When resident guardian may pay over property to non- resident guardian and be discharged, 4389 When the court may appoint in absence of the minor, 4390 Minor may subsequently choose, 439° Guardians ad litem — Service of writs upon guardians, 4391 How process served on minor under fourteen, 4392 Guardians ad litem may be appointed when neces- sary, 4392 How notice to be served on minors of proceedings in the orphans' court, and how guardian ad litem appointed in orphans' court, 4393 INDEX. I I 73 (The references are to the Sections.) Guardian — continued. Security may be required from guardian ad litem, 4394 Where no guardian appointed, money may be paid into court, 4354 Suggestions as to form of petition for appointment of guardian ad litem, 4395 Duties, liabilities and powers of guardians, 4396 Court may require bond from guardian, 4397 Form and condition of bond, 4397 Bond cannot be cancelled until duties performed, 4397 No suit can be brought on bond until account settled, 4397 The guardian should file an inventory of property within thirty days, 439^ As to manner of keeping accounts, 4399 Custody of estate, 4399 The Philadelphia rule as to keeping account, 4399 Suggestions to guardians, 4400 Support of ward, etc., 4401 Orphans' court may make allowance for support and edu- cation of minor, 4402 Allowance may be made for minor out of state, 4403 Real estate of minor may be sold for maintenance, etc. 4404 For improvement and benefit of estate when it is unproductive, 4404 When a sale is for the minor's interest, etc., 4404 How order is to be made if land be in another county, 4405 What must be done to obtain the order, 4406 Court may refer petition to sell minor's real estate to auditors, 4407 Sale of minor's land for interest of minor, 4408 Sale of minor's estate in remainder, 4409 Sale of estates in trust, 4410 How these sales to be effected, 441 1 Notice of petition for sale, 4412 Requisites of petition for sale of land, 4413 Bond to be entered before sale confirmed, 4414 Letting the estate of minors on ground rents and extin- guishment of same, etc., 44iS I I 74 INDEX. (The references are to the Sections. ) Guardian — continued. When orphans' court may authorize guardian to let on ground rent, 44 15 Orphans' court of Mercer County may authorize guar- dian to lease mineral lands, 4418 Bond to be filed, 4418 Allowance may be made notwithstanding direction to accumulate, 4419 Adequacy of allowance, 4420 When order to be made, 4420 To whom paid, etc., ' 4420 Allowance may be made on settlement of account, 4420 Where guardian has been in loco parentis he will not be allowed for support, 4420 Order made for allowance, although legacy is payable at majority, 4420 The principal may be taken for maintenance, if neces- sary, and interest upon legacy vested but not pres- ently payable, 4420 Even if fund is to go to a survivor, 4420 Trustee of adults may be ordered to pay out of a vested fund, payable in future, 44*o Order will be made to pay out of income, though there be a gift over, 4420 Past and future maintenance allowed where parent unable to support child, 4420 Past maintenance not allowed where parent able to sup- port child, 4420 Full proof required of all the circumstances, 4420 Past maintenance allowed out of principal where neces- sary, 4420 Guardian expends at his own risk if without an order, 4420 Yet he loses costs of an unsuccessful application, 4420 Allowance will not be made to a person who maintains the ward against the guardian's consent, 4420 Guardian must pay ward for services rendered, 4420 Credits allowed — For medical education, 4421 For insurance, 4421 INDEX. I 175 (The references are to the Sections,) Guardian — continued. For counsel fees, 4421 For bill for printing paper-books allowed, 4421 Credits not allowed, 4422 Goods sold to ward after majority, 4422 A lien claimed by guardian to have been paid to hiniself, 442 2 Commissions not allowed on a fund never received, 4422 Commissions not allowed on triennial account, 4422 Commissions not allowed on an overcharge, 4422 Counsel fees not allowed in a personal litigation, 4422 Education and foreign travel not allowed to a father as guardian, the father having means, 4422 Bad investment not allowed, 4422 When guardians liable, 4423 Erections of buildings without authority, 4423 Converting personalty into realty, 4423 Violations of trust, 4423 Culpable indifference, 4423 CJonsenting to wrongful act of colleague, 4423 Depositing with colleague, 4423 Allowing administrator to collect minor's rents, 4423 Receipt of depreciated stocks, 4423 Conversion of stocks, 4423 Borrowing ward's money, 4423 Setting up ward in business, 4423 Using fund, or neglecting to invest it, 4423 Use of fund reason for removal, 4423 Ignorance resulting to prejudice of the ward is reason for removal, 4423 Keeping no books condemned, 4423 Failing to keep separate bank account, 4423 Use of ward's estate in guardian's business, 4423 Interest compounded, 4423 Commissions refused, 4423 Omission resulting in loss, 4423 Consent of guardian to divesting title of ward to real estate by judicial sale is wrongful, 4423 Though lease be void, minor's acquiescence with knowl- edge after maturity may validate it, 4423 I I 76 INDEX. (The references are to the Sections.) Guardian — continued. If two sales of real estate, sureties on first bond liable for proceeds of second sale unless bond specially worded, 4423 Guardian's original sureties not liable for proceeds on sale of real estate sold under an order of orphans' court, 4423 For loss by a guardian's neglect he is chargeable, 4423 Where a guardian fabricates accounts all credits may be disallowed, 4423 When guardian not liable, 44^4 Employment of common skill and caution will exon- erate guardian, 4424 Powers of a guardian when acting in good faith, 4425 Accounts and settlements with wards, 4426 Laches a bar, 4426 Nineteen years, 4426 Seven and a half years, 4426 Where a settlement is made shortly after the ward arrives at age the burden is on the guardian to show that settlement was fair, 4426 On attaining fourteen the minor may select a fit person in place of the former guardian, 4427 By whom account of deceased guardian to be filed, 4428 Triennial accounts, 4429 Xot conclusive, 4429 Guardian to file an account every three years, and when- ever required, and when ward attains majority, 4430 Final account, confirmation, etc., 4431 Affidavit to account, 4431 Audit, 4431 Orphans' court of Philadelphia meets on the first Monday of every month, except August and September, for audits, 4431 Philadelphia court rule provides that the ward, if of full age, or some disinterested friend, if in his minority, must have notice, 4431 Form of memorandum for auditing judge, 4432 Exceptions to adjudication, 4433 INDEX. I I 77 (The references are to the Sections.) Guardian — con tinued . Where accountant is exceptant he must attach affida- vit that ' ' the foregoing exceptions are not in- tended for delay," 4433 Release within four months after maturity and a subse- quent confirmation of the account, does not prevent a bill of review when an item was omitted from the account, 4433 Confirmation of adjudication, 4434 Execution may be decreed in orphans' court against ward's estate, 4434 The only remedy of guardian is in that court, 4434 Account of deceased guardian must be filed by his exec- utor, 4434 Remedy against deceased guardian is on settlement of his estate, 4434 Where ward refuses to elect between interest and profits the court elects, 4434 Guardian's compensation, 4435 May be forfeited by gross neglect or by fraud, etc., 4435 Though a guardian disclaim commissions, yet when he render particular service he will be entitled to com- pensation, 4435 Suits on guardian's bonds, 443^ Liability of sureties, etc., 443^ When executors and guardians may require a refunding bond, 4437 Discharge of guardian, account to be filed, 443^ Residue to be surrendered, etc., 443^ Removal of guardian for mismanagement, 4439 Court may bind out minors, 444° Persons to whom bound and guardians to be of same religious persuasion as parent of minor, 444^ Trustee to hold until minors arrive at majority cannot be ordered to pay income to guardian, 4444 A guardian is only responsible for what he receives, unless he stands supinely by whilst his colleague impairs the estate, 4459 1 1 78 INDEX. (The references are to the Sections.) Guardian — continued. When the ward comes of age, the fiduciary relation ceases, and the statute of limitations may be pleaded by guardian in certain cases, 4461 In the absence of fraud, a settlement between the guar- dian and ward cannot be impeached after six years, 4461 Where one is trustee under a deed, which also makes him guardian of minors, he should first account in the common pleas, 4468 Discharge and dismissal of executors, administrators, guardians and trustees, 4491 Rules of the orphans' court of Philadelphia — Discharge of executors, administrators, guardians and trustees, 4503 Statutory provisions as to when guardians may be removed, 4508 Waste, 4508 Mismanagement, 4508 Likely to prove insolvent, 4508 Failure to file inventory, 4508 Failure to file account, 4508 Upon refusal to give additional security, guardian may be removed and new guardian appointed, 45 °9 Upon refusal to comply with order of court, proceed- ings to be had against party refusing, 4510 In case of removal from state, guardian may be removed and new guardian appointed, 45 13 In cases of waste, mismanagement, etc., surety may make application to the court for his protection, 4514 In cases of waste, mismanagement, insolvency, etc., court may remove the guardian instead of requiring additional security, 45^5 Removal for lunacy, drunkenness, etc., 4516 Removal for incompetency, arising from sickness, etc., 4517 Surety of any guardian may compel statement of invest- ments, and if bad, etc., guardian may be removed, 4520 Improper use by guardian of trust inoneys is ground for discharge, 45 2 1 Proceedings after filing of petition to dismiss guardian, 4528 When attachment may be issued in the first instance, 4529 INDEX. I I 79 (The references are to the Sections.) Guardian — continued. Sales of real estate for payment of debts, 4699, 4700 Sales of real estate where interests of minors will be pro- moted, 4699, 4700 Sale of real estate where the personalty is insufficient for the payment of debts, 4699 Sale of real estate where the interests of the minors or cestuis que i7~ustent will be promoted, 46991 4717 Proceedings where the real estate lies in the same or dif- ferent counties, 4700 Court may refer applications for sale or mortgage to a master, 4701 Guardian may be heard against an order of sale for pay- ment of debts which are disputed, 4708 Prior sales to be perfected by surviving guardian in case of death of associates, 4727 In proceedings under the Price act, in case of appoint- ment of a guardian and the payment of money to him or payment of money to a former guardian, adequate security shall be entered, 475i Deeds by guardians residing out of county may be acknowledged where they reside, 4760 Non-resident guardians may acknowledge deeds outside of the state, 47^5 Guardians may make deeds without public sale and accept deeds changing rights of way, 4766 If guardian die before executing deed, court may order its clerk to convey, 4774 Where guardian purchases by leave at his own sale, court may order clerk to execute deed, 4774 Parties siii juris shall unite in a guardian's petition under the Price act and the representatives of a decedent should be made parties where there are debts due by such decedent under whom the minor claims, 4781, 4782, 4783 Guardian may accept purpart for his ward and give recognizance, 4872 When guardian's account will not be opened, 4956 I 1 8o INDEX. (The references are to the Sections.) Guardian — continued. In suits between guardian and ward, upon whom costs imposed, 4982 Where guardian settles his account out of court and ward subsequently endeavors to surcharge him, the costs of audit imposed on ward, 4982 Certified transcripts of amounts due by executor, admin- istrator, guardian or other accountant to be filed in common pleas, 5017 Liens created thereby, 5017 Set. fa. thereon, 5017 Provisions as to increase or reduction of the amount on appeal, 5017 Form of certificate of decree against executors, 5018 See Discharge, Dismissal, Partition, Removal, Renunciation. Guardian Ad Litem. When clerk of court appointed, 43 71 Sale of real estate where personalty insufficient, etc. , 4699, 4700 Sale of real estate where interests of minors will be pro- moted, 4699, 4700 Guardians ad litem to be appointed to guard interests of minors in sales of real estate, 4720 Guardian ad litetn appointed by the court in proceedings under the Price act, 475 1> 4783 Guardian ad litem appointed by court in partition pro- ceedings, 4816, 4817, 4823 Form of notice to minors that guardian ad litem will be appointed, 4817 Form of petition for guardian ad litem and decree, 4818 See Guardian. Habitual Drunkard. Real estate held for, or owned by, may be sold, mort- gaged, leased and conveyed upon ground rent, 3873. 4750 As to granting letters to habitual drunkard, 4060 INDEX. I I 8 I (The references are to the Sections.) Habitual Drunkard — continued. An executor found an habitual drunkard subsequent to the finding, sold real estate under a power in the will, 4060 When trustee an habitual drunkard, he may be dismissed, 4462 When habitual drunkard maybe removed, 4516 Heirs. Cases where the word "heirs" has been held to be a word of limitation, 3942 " Heir " held to be a word of purchase, 3943 " Heirs of the body " held to be words of limitation, 3944 " Heirs of the body " held to be words of purchase, 3945 Words equivalent to " heirs " held to be words of limita- tion, 3951 Words equivalent to ' ' heirs ' ' held to be words of pur- chase, 3952 See Shelley's Case, Wills. History of Orphans' Courts. First law passed 1693, 3777 By it the justices sat twice a year in every county, 3777 Name and jurisdiction borrowed from London, 3777 Act of 1701, 3777 Act of 1713, 3777 Provisions of constitution of 1874 as to orphans' courts, 3778 New orphans' courts established, 3779 An orphans' court in every county where population exceeds 150,000 shall be established, 3779 In any county of less population, an orphans' court may be established, 3779 Orphans' courts to have one or more judges, 3779 Judges must be learned in the law, 3779 Where orphans' courts are established, the jurisdiction of common pleas judges ceases in orphans' court pro- ceedings, 3779 An orphans' court established in every county, 3782 1 1 82 INDEX. (The references are to the Sections.) History of Orphans' Courts — continued. Except in Philadelphia, Allegheny and Luzerne, the orphans' courts shall be composed of common pleas judges, 3783 Berks county — Separate orphans' court, 3784 Philadelphia orphans' court to have three judges learned in the law, 37^5 Additional associate in Philadelphia, 3787 Luzerne and Allegheny courts — Each one judge, 3785 Allegheny county court — to have an associate judge, 3786 Holland. Holland, will in — Requirements, 4007 Husband. Where husband entitled to administer, 4052 A husband under his own marriage settlement ought not to be appointed trustee, 4444 Where a husband elects to take against the will of the wife, 4565 Taking by husband in right of his wife in partition pro- ceedings, 4846 When share of married woman may be paid to husband, 4847 In partition suits, ' 4848 Indefinite Failure of Issue. Clauses as to definite and indefinite failure of issue, 3955 Infant. See Minors. Injunction. Injunctions — Petitions for, to be printed, 3837 Injunctions may issue — Security to be given, 3871 Injunctions to restrain tenant for life .from exhausting open mines — No jurisdiction, 3895 Trustee can restrain cestui que trust from collecting the trust moneys, 4446 Practice as to — Under equity rules (page 1039). INDEX. I 183 (The references are to the Sections.) Insolvency. Insolvency renders a person incompetent to receive let- ters of administration, 4060 A trustee is not liable for mismanagement or insolvency of agents, 445° Insolvency is ground for removal, 4515; 4521 Interest. If administrator be debtor, he is chargeable with interest until money shown to be in his hands as adminis- trator, 4278 On balance due at last account, 4289 On trust funds when mingled, 4289 On unpaid debt where assets sufficient to pay, 4290 On uninvested balances, 4291 Where administrator neglect to invest trust fund safely, 4291 To be at the rate of six per cent., 4291 Rule as to surcharging accountant, 4291 On balance after account filed, 4292 Guardian surcharged with interest where he uses trust funds, 4423 Interest charged where guardian uses ward's estate, 4423 When interest compounded, 4423 When guardian charged with interest pending exceptions or appeal, 4424 Guardian not liable for interest on moneys kept unin- vested to meet an emergency. 44^4 When cestui que trust entitled to interest where trustee speculates with trust fund, 4447 Where he deposits trust funds with a bank, and receives no interest, 4447 Trustee cannot obtain compound interest by filing his accounts too frequently, 4449 Trustee is liable for interest if he put purchaser into pos- session without payment, 4449 And if he allow the fund to be held by his surety, 4449 An assignee who did not invest for fifteen months was not charged with interest, 4449 1 1 84 INDEX. (The references are to ibe Sectioas.) Interest — continued. Where will directs trustee to invest, he will be charged if he fail to do so. 4449 If he use trust fund in his business, he will be liable to pay legal interest, 4449 So if he allow his surety the use of the trust fund, 4449 AVhen charged, it is computed after six months on the balance, less his commission, 4449 For gross delinquency, compound interest will be charged,4449 Unfaithful trustee chargeable with interest, 4449 Interest chargeable on failure to invest, 4449 Mixing private and trust funds subjects trustee to interest, 4449 When compound interest charged, 4449 Interest will only be compounded in case of fraud, 4449 Trustee not liable for interest on fund whilst exceptions pending, 4450 Nor for interest whilst fund locked up in his hands, 445° Nor if trustee pay over in due season, 445° Nor on a fund until it comes into his hands, 445° When trustee will not be surcharged with a higher rate of interest than he receives, 445° Trustee may charge interest on advances, 4458 Interest on advancements, 4629 When interest on debts of decedent ceases, 4705 Calculation of interest on revived judgments, 493^ Bill of review not allowed for a miscalculation of interest, 4956 Inventory. To be filed in thirty days — Account in one year, or when legally required — In cases of foreign wills, the inventory and account to be of goods within this state, 4135 Subsequently acquired assets to be inventoried in four months from discovery, 4136 Inventory to include all personal property, 4137 Debt due from executor to decedent to be included, 4138 Rents due to any tenant shall be put in inventory, 4139, 4140 Estates /^r auter vie to be included in inventory, 4141 Inventory of goods sold at public sale to be filed, 4142 INDEX. I 185 (The references are to the Sections.) Inventory — continued. Property covered by a bill of sale as security for payment of a debt should be included, 4142 Inventory should not include real estate, 4142 Nor the interest of decedent in a firm, 4142 Securities in hands of, and claimed by others, should not be inventoried, 4143 A life insurance policy payable to a designated bene- ficiary, 4143 Inventory not binding on distributee, 4144 The inventory binds the administrator until mistake clearly shown, 414S Appraisement to be made, 4146 The appraisement is not binding upon distributees, 4147 Appraisement to be filed with register, 4148 Appraiser's fee, one dollar per day, 4149 Form of inventory and appraisement, 4150 On failure to file inventory and appraisement, citation may issue, 41 51 Form of petition to secure filing of inventory, 4152 Form of citation to compel filing of inventory, 4iS3 Register to record and index inventory — Exemplification to be evidence, 41 54 What are assests, 4168 Good will and unexpired term of a lease, 4168 Arrears of rents due a widow as her thirds, 4168 Choses in action bequeathed to legatee, 4168 A lease on property held by deceased lessee, 4168 Growing timber when immediate severance contem- plated in a conveyance, 4168 An insurance policy payable to "legal representa- tives," 4168 A pension is not an asset, 4168 Copy of inventory and appraisement to be produced at audit, 4251 The guardian should file an inventory of property within thirty days, 4398 Inventory to be filed by trustee of person absent and unheard of for one year, 4476 I 1 86 INDEX. (The references are to the Sections.) Inventory — continued. Failure to file inventory and suffering property to become worthless, are grounds for dismissal, 4521 Investment. Power to compromise, release, invest, confess judgment, submit to arbitration, 4171 As to investments made by decedent, 4172 Executors and all trustees may petition for order to invest — Court may so order in United States, state or Philadelphia loans, in real securities or municipal investments, 4173 All trust moneys may be invested in ground rents or other real estate by leave of court, 4i73; 4761 Form of petition to invest in real estate, 4174 Form of reference to examiner and master of petition to invest, 4175 Proceedings before examiner and master, 4176 Form of report by examiner and master, 41 77 Investment of {mviA pendente lite, 4180 Loss on investment in mortgage — Due precaution taken, 4267 After a year from the death, an administrator will be charged with interest if he neglect to invest, 4291 It is the duty of an executor to invest, 4291 A neglect to invest fund so as to make it productive justifies surcharge of interest, 4291 Fund reserved to await result of litigation should be invested, 4320 If refunding bond cannot be given, the fund to be invested, etc., 4334, 4335 Interest to be paid to party entitled, 4334> 4335 Share of absent distributee to be invested, etc., 4339 Duty of guardian as to investment, 4371 Bad investment by guardian — Consequences, 4422 Neglect of guardian to invest — Consequences, 4423 Trustee can invest to produce annuity, 4446 Trustee is liable for loss on bonus mortgage, 4449 Trustee cannot invest in bad security he holds as execu- tor in same estate, 4449 INDEX. I I 87 (The references are to the Sections ) Investment — continued. Nor in second lien without margin, 4446 Trustees are liable for investing in bank stock, 4449 A trustee was relieved from liability for loss from an investment in the stock of the United States Bank, 4449 Trustee is liable, although cestui que trust receive the dividends, 4449 And for purchase of stock of a navigation company, 4449 And of a manufacturing company, 4449 And lending on personal security, 4449 And taking stock in part payment, 4449 And investing in his own name, 4449 And for investing in securities not authorized, 4449 Trustee must follow the will or invest under order of court, 4449 Trustee is entitled to reasonable time for investment, 4449 A trustee is not liable for holding in good faith invest- ments made by testator or by his predecessor, 445° Nor for investing in the loans of a company in good credit owning lands, 445° When request of a cestui que trust relieves trustee, 445° Each trustee is responsible for disobedience by either of a joint duty to invest, 4459 A trustee must not rely upon his colleague's statement as to investment, 4459 Issue. " Issue " held to be word of limitation, 3946 " Issue " held to be a word of purchase, 3947 Clauses as to definite and indefinite failure of issue, 3955 Issues d. V. n. — Pleadings, etc., 3974 Philadelphia rules as to the taking of testimony for issues, 3975 Orphans' court judge sits as examiner, 3976 No continuance except for cause — Depositions — Com- missions — Subpoenas, 3977 Decisions — Exceptions, 39 7 8 Testimony to be taken by stenographer and filed, 3979 Issue list to be made up every month, 3979 Form of precept — Issue devisavit vet non, 3980 I 1 88 INDEX. (The references are to the Sections.) Issue — continued. Register may issue commission to take depositions ot witnesses, 39^3 In Philadelphia the form of issues devisavit vel non must be set forth in petition, 4127 Application for issue must be put on a list, 4128 Judge of the orphans' court sits as examiner, 4128 How testimony is taken in Philadelphia on application for issues, 4129 In Philadelphia the Judge hearing testimony as to issue shall decide thereon — His decision is subject to exception, 4130 When executor is a stakeholder between charity and heirs — Expenses, 4266 Issue will be awarded where a judgment is confessed by an administrator, the validity of which is disputed, 4708 Where issue will be awarded to test validity of a lien — Where sheriff makes special return and lien creditor is the purchaser at sale, 4744 Application for issue — Practice, 4744 AVhere issue awarded fund may be voMfsXtA pendente lite, 4745 Issue may be awarded to try disputed questions of fact in partition proceedings, 4819 Costs in issues devisavit vel non, 4981 Issue List. In issues d. v. n., 3979 Judges. Orphans' courts to have one or more judges, 3779 Judges must be learned in the law, 3779 Jurisdiction of common pleas judges within county where orphans' court established shall cease in orphans' court proceedings, 3779 Where two or more judges hold commissions of the same date, etc., they are to draw lots, 3793 Where two or more are elected at same election who have not been commissioned, etc., they are to draw lots, 3794 INDEX. I 1 89 (The references are to the Sections.) Judges — continued. When president or additional law judge of common pleas may hold orphans' court, 3795, 3796 Law judges may grant rules and citations in vacation, 3797 If orphans' court judge be unable to sit, he may call on any other orphans' court judge or judge of com- mon pleas to preside, etc., 3799 No relative of any judge to be appointed auditor, master, examiner, commissioner or appraiser, 4178 See Audit. Judgment. Judgment in dispute — Orphans' court has no jurisdic- tion, 3894 Foreign executor or administrator may issue sci. fa. sur judgment, but letters must be granted before pro- ceeding, 4065 Proceedings by and against a supposed decedent — Pros- ecuting and defending claims — Opening judgments Lien of judgment against supposed decedent, 4162 Power of executor or administrator to confess judgment, 4171 Where party in interest desires to preserve lien of judg- ment held by decedent against executor, he may suggest his interest, issue sci. fa., etc., 4200 When trustee can confess judgment, 4446 When trustee may consent to revival of lien of judgment, 4446 Jurisdiction. General jurisdiction over guardians — Administrators — Executors — Decedents' estates — Sale — Partition — Specific performance — Legacies — Trustees, 3839 Orphans' court can appoint, control, remove guardians and settle their accounts, 3839 It has also jurisdiction for the removal and discharge of executors and administrators, 3839 Over the distribution of the estates of decedents, 3839 Sale of real estate of decedents, 3839 Partition of the real estate of intestates, 3839 IigO INDEX. (The references are to the Sections.) ' Jurisdiction — continued. Specific execution of contracts by decedents to sell real estate, 3839 For the recovery of legacies. 3839 All cases in which executors, administrators, guardians or trustees are in any way accountable for any real or personal estate of a decedent, 3^39 The orphans' courts have within their sphere the juris- diction of a court of chancery, 3840 Within their jurisdiction they have full powers, 3841 When testimony of orphans' court records may be per- petuated, 3842 Orphans' courts have the jurisdiction of a court of chan- cery for the perpetuation of testimony in cases of destroyed records, , 3842 Orphans' courts may compel settlement of accounts by a testamentory trustee, 3844 Concurrent jurisdiction with the common pleas over tes- tamentory trusts, though trustees appointed in the will, 3844 A testamentory trustee whose office is annexed to that of executor, quasi executor, or ratione officii, amenable alone to the orphans' court, 3844 Orphans' court has exclusive jurisdiction to compel an executrix to account as to a testamentary trust vested in her by the will to sell real estate, 3844 Orphans' court has jurisdiction on petition of ward to cite a guardian, 3845 And to direct filing of account by testamentary guardian appointed in another state, where the guardian, ward and estate are within the jurisdiction, 3845 To compel payment of balance due ward by guardian, 3846 Orphans' court has power to settle the account of a guardian, 3846 May compel payment by attachment or sequestration, 3846 Court may award fi. fa. to collect balance due guardian out of his ward's estate, 3847 And to compel the surrender of a ward's property in the hands of the surety of guardian, 3848 INDEX. 1191 (The references are to the Sections.) Jurisdiction — continued. To make and enforce distribution, 3849 If the estate be solvent or insolvent, 3849 May adjudicate the right of a person claiming to be creditor of the testator, 3849 Common law action will not lie upon a decree of the orphans' court for the payment of a legacy from the funds in the possession of an executor, 3849 Where the jurisdiction of the orphans' court attaches over a fund, it possesses all powers to make dis- tribution, 3849 To settle questions of distribution where domicile of decedent in Pennsylvania, 3850 To decide as to amount of debts and to whom due, 3851 To enforce right of assignee of a legacy, and to pass upon validity of assignment of a legacy, 385 2 To pass upon the validity of an assignment of real estate, 3853 To distribute to judgment creditors proceeds of sale in partition, and to make full distribution, 3854 To allow counsel fees out of a fund, 3855 To retain possession of a fund to await result of suit, 3856 Advancements — Exclusive jurisdiction, 3857 Specific performance — ^When contract for sale of realty enforceable in orphans' court, 3858 When parol contract enforceable in orphans' court, 3859 Decree for specific performance may be recorded — Effect thereof, 3860 When executor or administrator to execute deed under contract of decedent, 3861 Where the grantee in the deed is executor or administrator, 3862 Contracts by tenants in common, 3863 When decree may be made for payment of money charged on real estate, 3864 Owner of real estate may pay charge thereon when due into court — Proceedings thereon, 3865 Decreeing payment of annuity charged on land, 3866 Decreeing payment of legacy charged or not charged on land, , 3867 Settling accounts between legatee and devisee, 3868 1 192 INDEX. (Ttic references are to the Sections.) Jurisdiction — continued. Orphans' courts and its auditors have power to examine parties, and the court has power to compel produc- tion of books, etc. — Accounts to be audited by court — Auditors, 3869 To appoint auditor to distribute assets of an insolvent estate, 3870 Injunctions may issue — Security, 3871 Discovery — Orphans' court has full power, 3872 When decrees may be made for sale, mortgage, lease, ground rents, etc., 3873 Court to direct terms of sale — Purchase money to be a lien, 3874 When minor's vacant ground may be let on ground rent, 3875 To decree the extinguishment of a ground rent, 3876 Sale of real estate to pay balance due executor, 3877 Testamentary power of sale, 3878 To set aside sale and order re-sale, 3879 Where the administrator purchases at his own sale and the rights of third parties have not intervened, the sale may be set aside, 3880 Dower — When jurisdiction is exclusively in orphans' court, 3881 The court can decree the determination of a trust created to pay dower, 3882 Widow electing against will must sue for dower in orphans' court, 3883 The court cannot discharge executor or compel security, etc., until after grant of letters, 3884 It can allow compensation to an executor for efforts to sell land under power, 3885 It has jurisdiction of the petition of an administrator to grant him leave to give extension of time to a debtor, 3886 Bill of review — When re-hearing granted, 3887 Orphans' court may open and re-examine accounts, 3888 Orphans' court decree is conclusive of balances due by executors or administrators, 3889 INDEX. I 193 (The references are to the Sections.) Jurisdiction — continued. Orphans' court may correct errors in original decree, notwithstanding such decree has been affirmed by supreme court, 3890 Claimant may sue at law if his claim be not presented to the auditor appointed in proceedings instituted by claimant, ' 3891 Agreements to devise, 3892 The orphans' court has no jurisdiction over persons, funds, lands, etc., outside of the county, 3893 It has no jurisdiction when the right to a judgment is in dispute, 3894 No jurisdiction of common law suits, 3895 No jurisdiction when personalty has been given by decedent in his lifetime, 3896 Nor over a personal claim due administrator by distri- butee, 3897 Nor to enforce individual claims against executor, 3898 Nor to enforce a personal claim against a residuary legatee, 3899 Nor to enforce a claim by co-heirs against heir in partition proceedings, 39°° Nor to entertain a claim adverse to the estate founded on an alleged gift, 3901 Nor to enforce payment of rents of real estate received by an executor, 3902 Nor to decree sale for payment of debts when intestate does not die seized, 3903 Nor on petition of stranger to decree mortgage for payment of debts, ' 39°4 Nor to decree sale of real estate to satisfy widow's exemption, 3 9° 5 Nor to order sale of real estate for payment of a judgment obtained on a legacy, the petition for sale showing no other liabilities, 3906 Nor to decree specific performance where the con- tract not completed, 3 9° 7 No jurisdiction to decree against vendor for amount over-paid by purchaser, 39°8 I 1 94 INDEX. iThe references are to the Sections.) Jurisdiction — continued. Nor to rescind a decree of specific performance on petition of a stranger after six years, 39^9 Nor to decree payment of commissions to a co-executor, 3910 Nor to declare rights of parties under a will, 39 n Nor to revoke letters, 3912 Letters not to be vacated except after notice, or refusal of administrator or executor to give security, etc. ,3913 Orphans' court cannot order grant of letters to second applicant, in addition to the letters granted originally by the register of wills, 3914 Nor has the orphans' court jurisdicton over a case stated, 3915 Nor over non-resident's estates, 39^6 Nor to cite a trustee ex-maleficio 39^7 Nor to determine ownership of a fund, where both custodians are not joined, 3918 Nor to enforce sureties' liability, 39^9 Not to open decree confirming account after balance paid, 3920 Nor to distribute minor's estate, 3921 Nor to decree payment of an advancement, 3922 Nor of claim by administrator against an attorney, 3923 Nor to settle partnership accounts, 3924 Nor to compel satisfaction of mortgage held on secret trust, 3925 Nor to set aside sale by trustee for heirs, 3926 Nor where question of title raised, 3927 Nor to change conditions of bond on appeal, 3928 Nor to enforce a parol trust, 3929 Distribution will be ordered in the jurisdiction of the ancillary administration where there are creditors, 4321 Jurisdiction in appointment of guardian, 4366 Jurisdiction in cases of trust and appointment of trustees, 4462, 4468, 4469, 4470, 4471, 4472, 4473, 4474, 4475> 4479> 4494, 4495, 4496, 4497, 4498, 4499, 45°° Jurisdiction conferred upon Supreme Court in cases of trusts, 4462 INDEX. I 195 (The references are to the Sections.) Jurisdiction — continued. Orphans' court of the county where will proven has juris- diction of the account. 4488 Jurisdiction in cases of advancements, 4616 Jurisdiction of the orphans' court in cases of legacies charged on land, 4646 Jurisdiction of orphans' court to order payment of annuity out of land charged, etc., or from alienee's personal estate, 4653 Jurisdiction in cases of specific performance of contract of decedent for sale of realty, 4672, 4673, 4674, 4679, 4681 Jurisdiction in cases of sales of real estate for payment of debts or where the interest of minors or cestuis que irustent will be promoted, 4699 Where record fails to show that court has jurisdiction, an order to mortgage will be vacated, 4710 Jurisdiction as to sales under Price act, 4749. 4750, 4763. 4780 Jurisdiction of the orphans' court to award an inquest in partition on the application of widow or lineal descendant, 4792 Jurisdiction of the orphans' court embraces the partition of real estate of intestates among the heirs, 4795 Jurisdiction of the orphans' court not exclusive, 4796 Jurisdiction of the orphans' court extended to cases of testacy where minors are parties, or course of descent not changed, 4797 Jurisdiction of the orphans' court vests where land devised to two or more children, although in unequal parts, 4799 Jurisdiction in cases of birth of child after date of will, 4800 Jurisdiction in all cases of testacy, 4801, 4802 Jurisdiction extended to partition of undivided interest held by a decedent with others, 4803 Jurisdiction in cases of undivided interests from different ancestors in partition proceedings, 4804 Jurisdiction where land lies in different counties in par- tition proceedings, 4805 I 196 INDEX. (The references are to the Sections.) Jurisdiction — continued. Decisions as to jurisdiction of orphans' court, 4807 No jurisdiction in partition where purpart held in sever- alty, 4807 No action of debt will lie upon decree of orphans' court, 4962 But a transcript may be filed in common pleas and sci. fa. issued, 49^3 The orphans' court is not a court of general jurisdiction, 4964 It is a court of record, 49^5 The court can correct its own decrees, 4966 Conclusiveness of decrees. See Decree. Labor Act. Labor acts and penalties for their violation, 4361 Minor under fourteen not to be employed about elevators, 4363 Minors not to be employed in certain occupations over twelve hours a day, or sixty hours a week, 4364 Minors under thirteen not to be employed in certain works, affidavit to be made, registry kept, 43^5 .See Minors. Lease. When decrees may be made for sale — Mortgage — Lease — Ground rents, etc., 3873 Lease, with option of renewal, may be given under a power to lease, 4446 Where lease of mining lands decreed, such lands may be combined with other adjoining lands as to form one tract, 4771 Legacies. Orphans' court has jurisdiction of proceedings for the recovery of legacies, ' 3839 Common law action will not lie upon a decree of the orphans' court for the payment of a legacy from the funds in the possession of an executor, 3849 Orphans' courts have jurisdiction to -enforce right of assignee of a legacy and to pass upon validity of assignment of a legacy, 3852 INDEX. I 197 (The references are to the Sections.) Legacies — continued. And for decreeing payment of legacy charged or not charged on land, 3867 The court can settle accounts between legatee and devisee, 3868 The court has no jurisdiction to enforce a personal claim against a residuary legatee, 3899 Nor to order sale of real estate for payment of a judg- ment obtained on a legacy, the petition for sale showing no other liabilities, 3906 The attorney should never write himself in a will as leg- atee, 3968 Residuary legatee — When register will appoint nominee of a party in interest, 40S9 Executors must notify public corporations of devises and bequests within six months, 4156 Legatee entitled to notice, 4^57 As to payment of debts, legacies, dower, mortgages fall- ing due, etc., 4188 When legacies bear interest, 4188 Actions against executors and administrators — Legatees may sue executor, etc., 4^95 Unless otherwise directed, legacies are due in one year, 4196 No suit for legacy until after demand, and no execution shall issue until refunding bond filed, 4197 Where a legatee or creditor is interested in preserving the lien of a judgment held by the decedent against the executor, he may suggest his interest, issue sci. fa., etc., 4200 In suit by legatee, non-suit to be entered if no assets, etc., 4205 In suits for legacies, costs discretionary with the court, 4206 In executions against executors in foreign attachment — Bond to be given, 4208 Suit for the recovery of a legacy cannot be brought on administration bond, 4218 Under act of 1840 one or three auditors may be appointed — Appointment may be made on applica- tion of creditor, legatee, heir or other person inter- ested, 4249 I 198 INDEX. (The references are to the Sections.) Legacies — continued. Upon the audit all parties in interest : creditors, claim- ants, legatees, and all entitled, should present their claims, 4256 After one year executors shall, under the direction of the court, pay legatees, etc., 4327 First deducting proper demands, 4327 Distribution of the residue — Security, etc., 4327 Pecuniary legacies to abate in proportion, if not sufficient assets after discharging debts, etc., 4328 Unless provided otherwise by the will, 4328 Executor shall not be compelled to pay or to deliver to legatee for life, or for years, or on condition or con- tingency, until remainderman secured to satisfac- tion of orphans' court, 4329 Owner of contingent interest may require legatee to give security before receiving property, etc., 433° Where property bequeathed for life, or on a contingency, executors, etc., shall deliver it on security satisfac- tory to orphans' court, 433 1 Engagement by a legatee to hold upon a lawful trust can be enforced, - 4443 A testamentary trustee- may mortgage for payment of legacy charged on land, 4479 When legacy subject to collateral inheritance tax — Amount of, etc., 4542, 4543, 4544 When advancement may adeem legacy, 4631 Collection of legacies charged on land, and discharge of real estate from annuities and legacies, 4635 How legacy charged on land collected, * 4635 How payment of legacy charged on land enforced if real estate be in another county, 4636 Legatee named in preceding section shall give security, 4637 Discharge of parts of residuary estate not required for payment of annuities and legacies charged thereon, 4638 Provisions of the act of February 23, 1853, 4638 Requisites of petition to discharge residuary real estate from annuities, 4639 Proceedings subsequent to petition, 4640 INDEX. I I 99 (The references are to the Sections.) Legacies — continued. Real estate, securities, etc., set apart by the court shall continue with the executors, etc., to whom it was devised, subject to annuities and legacies, 4641 Trustee to report to court every year, 4641 Surplus to be paid to residuary legatee or to be invested, 4641 When charge or annuity extinguished, court may from time to time exonerate, etc., 4642 No rights in residuary estate shall be affected, 4643 Devisee, or owner of land claiming through him, may pay amount of legacy into court, and land may then be discharged from lien of legacy, 4644 Fund to be distributed as in cases of proceeds fronTsheriffs sales, 4645 Jurisdiction of orphans' court under act of 1834 exclu- sive, 4646 Attaches when testator's heirs entitled to legacy charged, 4646 Express words or necessary inference required to charge realty, 4647 Blending realty and personalty in general residuary clause constructively charges legacies on real estate, 4648 Personalty is primary fund for payment of legacies, 4649 If insufficient, realty liable in certain cases, 4649 Where personalty sufficient but misapplied, 4649 Realty specifically devised is not liable, 4649 Where personalty sufficient, charging real estate not enough, in absence of intention to exonerate per- sonalty, to authorize collection of legacy from the real estate, 4650 When legacies held to be charges on the land, 4651 Liens thereof superior to judgments subsequently entered against devisee, 4651 When legacies held not to be charged upon land, 4652 Acceptance of realty charged creates personal liability upon devisee and his alienee — Statute of limita- tions, 4653 Petition for payment of legacy charged on land — Prac- tice — Prayer and decree, 4654 Legatees should petition — Executors should defend, 4655 1 200 INDEX. (The references are to the Sections.) Legacies — continued. Fonn of petition for payment of legacy charged on land, 4656 Final decree, 4657 The decree charging the legacy cannot be attacked on dis- tribution of proceeds of sale, 4658 Court may dismiss petition and at same time decree legacy to proper party, 4^59 Discharge of the lien charged on the land — Sheriff's sale, 4660 Sale under power in will of devisee — Sale under Price act, 4660 Foreclosure under purchase- money mortgage to devisee, 4660 Where several legacies charged on same land and pro- ceeds realized by sale to pay one are insufficient to discharge all, fund to be distributed /r^? rata, 4661 Form of release of legacy charged on land, 4662 Execution of release of legacy charged on land — Record- ing — Certified copies, 4663 Proportionate part of legacy chargeable to one of several devisees, 4664 When life estate liable to charge and remainder exempt, 4665 When legacy charged on land abates, 4666 Proceedings to satisfy legacy or other charges upon land, where the same have been paid or presumed to be paid, and no entry or satisfaction appears, 4667 The owner of a legacy charged on land may maintain partition, 4807 Legatees. See Legacies. Legal Investments. See Investments, Real Estate, Securities. Letters of Administrators. See Administrators. See Discharge, Dismissal, Removal, Renunciation, Revocation. INDEX. I20I (The references are to the Sections.) Letters of Administration in Cases of Presumption of Death. See Administrators,. Presumption of Death, Revoca- tion. Letters Ancillary, See Ancillary Letters. Letters Pendente Lite. When SLdministratOT fendenU lite appointed, 4074 When the register may grant \e.XXex% pendente lite, 4075 Letters should be granted to the person entitled as if there were no will, 4°75 Form of petition for \t\Xtx?, pendente lite, 4076 Duties of a.AvL-nYii'sXzdXot pendente lite, 4163 Upon application, investment of i\mA pendente lite, 4180 Administrator /^/z;/(^///i? ///d^ may be cited to file account by preferred creditor, 4234 Administrator pendente lite cannot be cited by executors of an alleged will during litigation as to its vahdity, 4237 Letters Testamentary. Grant of, 3974 Form of petition for grant of letters testamentary, 4029 See Discharge, Dismissal, Executors, Removal, Renunciation, Revocation, Wills. Lev. Fa. See Execution. Liens. Of writ of sequestation, disolution thereof, 3821, 4999 Of decedents' debts not of record — Decree may be made to sell real estate of decedent or mortgage lease or convey upon ground rent, 3^73 Of purchase money under Price act, against premises sold, 3874 Order of— in the common pleas — Orphans' court will not disturb, 3894 I202 INDEX. (The references are to the Sections.) Liens — continued. Proceedings by and against supposed decedent — Prosecut- ing and defending claims — Opening judgments — Lien of judgment against supposed decedent, 4162 Of decedent's debts on realty limited to two years after death, unless suit prosecuted within that period, 42 11 If debt not payable, copy or statement must be filed within two years, etc., 42 11 A trustee may consent to revival of a lien, 4446 Liens against real estate of trustees, 4465 Lien of collateral inheritance tax, 4560 No deed executed in accordance with order of court decreeing specific performance of decedent's con- tract for sale of realty shall discharge lien of pur- chase money, 4669, 4673 In sales for payment of debts where land lies in differ- ent counties, any mortgage, judgment, etc., taken to secure the purchase money by lien on the land shall be recorded in each county in which land lies, 4716 Lien of first mortgage preserved in orphans' court sales, 4730. 473t In sales of real estate outside of Philadelphia made partly on credit, the purchase money shall be a lien on prem- ises sold until fully paid according to the decree, 4733 Discharge of liens in sales of real estate of decedents, 4739 Where lien creditor is the purchaser at an orphans' court sale, he may give his receipt in lieu of purchase money, 4743 When right of lien-creditor attacked, 4744 In proceedings under the Price act the purchase money or rent reserved shall be lien on the premises sold or let until fully paid, 4754 Recognizance in partition proceedings a lien on real estate, 4856, 4871 When recognizance satisfied, lien discharged, 4859 Recognizance binds the whole estate taken and the lien is not discharged by judicial sale when taken to secure widow's interest, 4871 Recognizance a lien, though not indexed, 4871 INDEX. 1203 (The rcfercDCes are to the Sections ) Liens — continued. Widow's interest in partition proceedings a lien on land, though not specially charged by order of court, 4883 Land cannot be assigned free from charge, 4884 Lien of judgment to secure dower interest-not discharged by sheriff 's sale, 4885 Where widow's death occurs between levy and sale of land charged with her interest, lien is discharged, 4889 In partition proceedings real estate sold after two years from grant of letters not liable for lien of decedent's debts, 4900 Lien of decedent's debts — History, 4921 Act of April 4, 1797, limiting the Hen to seven years changed to five years by act of 1834 and to two years by act of 1893, 4921 Decisions under act of 1797, 4922 The act of February 24, 1834 (lien for five years), 4923 The act of June 8, 1893 (lien for two years), 4924 Court may decree real estate to be sold free from the lien of debts not of record, 4925 Decisions under the act of 1834, 4926 When time begins to run, 4926 '^^asivag oi duly prosecuted, 4926 Act not applicable to judgments or mortgages, 4926 General rules as to effect of defendant's death upon judgment against him or his estate, 4926 Sci. fa. issued in county of administration continues lien throughout state, 4926 Real estate acquired by defendant between judgment and death not liable without sci. fa. against the heirs, 4926 Land bound, though aliened by defendant, within five years after judgment against him, 4926 Cases where the act was enforced against creditors, 4926 Lien not prolonged, though administrator pay the debts out of his own funds, 4926 Act not applicable to debt incurred in settling the estate, 4926 1 204 INDEX. (The references are to the Sections.) Liens — con tinued . Judgments existing at the date of death, continue valid liens against heirs and devisees until pre- sumption of payment arises, 4926 Statute may be waived by parties entitled to its benefits, 4926 When lien discharged by proceedings in partition, 4926 Lien discharged by sale for payment of debts, 4927 Rights of creditors, etc., 4927 A mortgage made by a prior owner is a debt of decedent, 4927 Where land was sold under order of court for a sum sufficient to pay all debts, 4927 When lien suffered to expire pending execution of order to sell, 4927 Order to sell will not be granted where lien of debts lost by lapse of time, 4927 Lien discharged by sale under the Price act, 4928 Effect of sale under testamentary power to pay debts, 4929 Effect of the statute of limitations upon claims against decedent's estates, 493° As to joining the widow and heirs of decedent where the plaintiff intends to charge the real estate with pay- ment of the (jlebt, 493 1 Devisees, etc., should be brought in after judgment against personal representatives, 4932 When alienee must be joined to continue lien, 4933 A judgment upon a sci. fa. against the executor, who is sole devisee, is conclusive, 4933 Where a person conveys lands in fraud of creditors, the widow and heirs need not be notified, 4933 When a sci. fa. against widow and heirs not required, 4933 Effect of two returns of " nihil,'' 4934 Revival and collectioQ of a judgment against joint defendants where one of them has died, 4935 Affidavits of defence by heirs and personal representa- tives, 4936 Definition of " /^rrf tenants," 4937 Calculation of interest on revived judgments, 493^ Execution upon the revived judgments, 4939 INDEX. k 1205 (The references are to the Sections.) Liens — continued. Preference as to debts for which suit is commenced within the five years, 4940 Distribution of proceeds of decedent's estate sold under execution, 4^41 When personal representatives must be brought in, 4942 Where a levy has been made during decedent's life the land cannot be sold, after his death, without a sci. fa. against the personal representatives, 4942 Proceeding where defendant dies between judgment and execution, 4943 Revival by foreign executors or administrators, 4944 Claims against decedent's real estate, 4945 Suggestions of defendant's death, after suit brought, filed to continue lien against realty, 4946 Proceedings upon sci. fa. and return, 4947 Lien creditor may apply for writ of sequestration on or before return day of iwnd. ex. against a life estate, 4999 Lien created by filing transcript of balance due by exec- utor in common pleas, 5017 See Legacies, Partition. Limitation. Coke's definition of, 394^ Cases where the word "heirs" has been held to be a word of limitation, 3942 " Heirs of the body" held to be words of limitation, 3944 " Issue" held to be a word of limitation, 394^ " Children" held to be a word of limitation, 394^ " Offspring" held to be a word of limitation, 395° Words equivalent to " heirs" held to be words of limita- tion, 3951 Lien of decedent's debts on realty limited to two years after death, unless suit prosecuted within that period, 42 11 If debt not payable, copy or statement must be filed within two years, etc., 4211 Lapse of time no bar to compel filing of account, 4241 When administrator may plead the statute, 4287 When laches a bar, to demand from guardian of account, 4426 I206 1. INDEX. (The references are to the Sections.) Limitation — continued. Trustee is liable for amount of a credit he allows for a note of decedent barred by the statute, 4449 Limitation and laches in cases of fraud, 4461 Administrator was obliged to file an account eighteen years after decedent's death, 4461 So where twenty-five years had elapsed, 4461 Sutute of limitation will be applied in all proper cases as well in equity as at law, 4461 Against a constructive trust the limitation commences at the date of the transaction, 4461 Equity follows the law in relation to lapse of time, 4461 A constructive trust may be barred by long acquiescence, 4461 When the statute does run in favor of a trustee, 4461 When the statute does not run, 4461 A defendant may take advantage of the statute by demurrer where the length of time appears on the face of the bill, 4461 When the statute of limitations applies in proceedings by a ward against his guardian, 4461 In the case of a bank, the statute begins to run after demand made by the depositor and the bank's refusal to pay, 4461 When twenty years, such laches as bar recovery, 4461 Decisions under act of April 22, 1856, barring certain suits after five years, 4461 That it did not protect a trustee ex maleficio, the fraud being unknown, 4461 The recording of a deed to the defendant is not notice, 4461 That it does not run in favor of a devisee for life during his life, 4461 That it does not apply whilst the cestui que trust is in possession, 4461 But if cestui que trust neither enters nor takes possession within five years, and there be no written acknowl- edgment of the trust, the statute bars, 4461 Retention of a part of purchase money as attorney for a co-heir at orphans' court sales creates a construct- ive trust, 4461 INDEX. 1207 (The references are to the Sections.) Limitation — continued. And a purchase by an attorney under judgment of a client, 4461 The act does not apply to an ejectment by the sheriff's vendee against an alleged fraudulent grantee, 4461 Equity adopts the principle of the statute of limitations in favor of a trustee, 4461 The statute bars a constructive trust and where trustee denies the trust, 4461 It also runs against the trust resulting from payment of purchase money where warrantee takes out patent, 4461 It also raises a legal presumption against a citation to an administrator for an account after the lapse of twenty years, 446 1 Vendor disavowing trust, the statute runs in his favor, 4461 Trustee, paying to a married woman the principal of which she had absolute disposal, was protected after six years from the death of her husband, 4461 If the trust be continuing, exclusively cognizable in equity, as between cestui que trust and trustee, the statute is no bar, 4461 The statute is no bar in favor of an administrator hold- ing proceeds of real estate, 4461 An assignee for benefit of creditors cannot set up the statute against claims of a creditor, 4461 Statute does not run until trustee makes known his dis- claimer of trust, 4461 Nor does it run against a purchaser who has paid pur- chase money and exercised control, 4461 Cestui que trust may sue for waste committed during minority and statute is no bar, 4461 When statute does not run in cases where an executor purchases at his own sale by fraud, 4461 When husband's resulting trust in his wife's property barred, 44^1 Parol evidence of what was said at a judicial sale cannot affect purchaser after five years, 4461 When claim for collateral inheritance tax barred, 4562 1 208 INDEX. (The references are to the Sections.) Limitation — continued. When debt from child to parent barred by the statute, it cannot be converted into an advancement by parent without child's consent, 4622 Debts barred by the statute cannot be offset against legacies, 4625 In ca-ses of loans and decedent dies, when statute begins to run, 4626 When statute of limitations may be pleaded in proceed- ings on legacies charged on land, 4653 Unnecessary delay in enforcing specific performance of a contract by decedent for sale of land will bar the claim, 4680 Where debts of decedent by lapse of time have lost their lien, the order of sale will not be granted, 4710 Partition was decreed after lapse of twenty-six years from death of decedent, 4807 Effect of the statute of limitations upon claims against decedents' estates, 4930 When bill of review barred by lapse of time, 4953; 4955 When right to bill of review lost by laches, even in cases of fraud, 4955 Lis Pendens. Power to direct a portion of a fund to be retained to await determination of, 3856, 4320 When a bar to a claim in orphans' court, 3891 The orphans' court will not cite an executor to account for assets, the title to which is being litigated and the proceeding is pending, 4237 Where the jurisdiction of the orphans' court first attaches it is exclusive, 4807 See Suits. Loans. Foreign executor or administrator may transfer state loans, municipal loans, stocks, loans of the city of • Philadelphia, loans of incorporated companies, etc. , 4063, 4064 INDEX. 1209 (The references are to the Sections.) Loans — continued. Investments in United States, state, county, municipal loans, etc. — When legal, 4173 When an advancement treated as a loan, 462c, 4622, 4623, 4624, 4627 When a loan held not to be an investment, 4630 Ltost Record, etc. How proved, etc., 3842 Lost Will. How proved, etc, 3986 Lunatics. Real estate held for or owned by, may be sold, mort- gaged, leased or conveyed upon ground rent, 3873, 4750 Where husband owns real estate and wife is a lunatic, what may be done under the Price act, 3873) 475° If trustee named in deed be a lunatic the conveyance is not void, 4444 A trustee is not bound to pay over the corpus to the com- mittee in lunacy, 4449 If trustee declared a lunatic he may be removed, 4462, 4516 Removal of trustees for incompetency arising from sick- ness, etc., 4517 The committee of a lunatic may maintain partition, 4807 Luzerne. An orphans' court established in every county, 3782 Except in Philadelphia, Allegheny and Luzerne, the orphans' courts shall be composed of common pleas judges, 3783 Luzerne and Allegheny courts — Each one judge, 3785 He must be learned in the law, 3785 In Philadelphia, Allegheny and Luzerne, register of wills shall be clerk ot orphans' court and subject to its directions, 379° I 2 10 INDEX. (The references are to the Sections.) Luzerne — continued. With approval of court he may appoint one assist- ant in Luzerne, 379° Salary first assistant ^i8oo, 379° How paid, 3790 Mariner. Mariners and soldiers not affected by the act of April 8, 1833, regulating nuncupative wills, 3992 See Seamen. Mark. Will may be executed by a mark, 397° Marriage. See Married Women, Married 'Women. Real estate owned by or held for, may be sold, mort- gaged, leased, conveyed on ground rent, 3873; 475° When married woman owns real estate and her husband has abandoned her for two years, or been absent and unheard from for seven years, what may be done under Price act, 3873, 4750 Trusts for the benefit of daughters, 3959 Form of trust for the benefit of a married daughter, or one about to be married, 3960 Conditions in restraint of marriage are invalid, 3966 A married woman may make her will, 3973 Married women may give refunding bond, 4331, 4332; 4333 Rights of married women, 4333 When a ward is a married woman of age she may give gtiardian a refunding bond, 4437 A married woman may be appointed a trustee, 4444 Trustee may be appointed for a married woman, 4468 Married women may make deeds without public sale and accept deeds changing rights of way, 4766 When share of married women may be paid to their hus- bands in partition proceedings, 4848 See Daughter — Feme Covert. INDEX. 121 I (The references are to the Sections.) Master. Form of reference to examiner and master of petition to invest, 4i7S Proceedings before examiner and master, 4176 Form of report by examiner and master, 41 77 Notice of filing — Exceptions — Filing report, 4177 May require security for costs, 4^77 No relative of any judge to be appointed auditor, master, examiner, commissioner or appraiser, 4178 When parties may nominate master, 4^79 Applications for sale or mortgage of realty may be referred to a master, 47°! Where facts set out in a petition for sale of land for pay- ment of collateral inheritance tax denied, a master will be appointed, 4708 When petition for sale of real estate free from liens of debts not of record referred to master, 49^5 Auditors, examiners and masters may require security for costs, 4984 In equity proceedings abolished (page 1037). See Examiner. Medicine. Medical attendance — Preferred debt, 4323 Mercer County. Orphans' court of Mercer county may authorize guardian to lease mineral lands, 44^8 Bond to be filed, 44^8 Mileage. Fees and mileage, 3833 See Fees. Military. Wills of military men under the Code Civil, 4021 See Soldier. I 2 I 2 INDEX. (The references are to the Sections.) Mills. Labor acts and penalties for their violation, 4361 Minor under fourteen not to be employed about elevators, 4363 Minors not to be employed in certain occupations over twelve hours a da)' or sixty hours a week. 4364 Minors under thirteen not to be employed in certain works — Affidavit to be made — Registry kept, etc. 4365 See Minors. Minors. Notices to minors, 3836 If guardian, notice must be served on guardian, 3836 If no guardian, notice to be served on minor if above fourteen, 3836 If under fourteen, and no guardian, notice must be served on next of kin, 3836 If no guardian, court must appoint a guardian, 3836 Where minors are interested, notice to perpetuate testi- mony shall be served upon said minors and their guardians, 3842 Real estate held for or owned by, may be sold, mort- gaged, leased or conveyed upon ground rent, 3873, 4750 When husband owns real estate and wife is a minor, what may be done under Price act, 3873, 475° When minor's vacant ground may be let on ground rent, 3875 The court has no jurisdiction to distribute minor's estate, 3921 Minors cannot make valid will, 3973 Administration to be granted during minority of execu- tors, 4040 Powers of register to revoke letters granted during minority upon minor attaining his majority, 41 15 Male could take oath of allegiance at twelve, marry, choose guardian at fourteen, act as executor at seventeen, 4347 Alien his property at twenty-one, 4347 Female could be betrothed at seven, 4347 Entitled to dower at nine, 4347 Might marry at twelve, 4347 INDEX. 12 13 (The references are to the Sections.) Minors — continued. Choose her guardian at fourteen, 4347 Act as executrix at seventeen — Dispose of herself and her property at twenty-one, 4347 Jurisdiction of orphans' court over minors, 4348 Appointment of guardians — Same religious persua- sion to be chosen, etc., 4348 Protection of minors against cruelty, 43Si Against being employed in dangerous or indecent vocations, or as beggars, or in concerts, drink- ing houses, mines, etc., 435 1 Powers of orphans' court in all such cases, 435 1 Punishment for cruelty, abandonment, neglect, etc., 435^ Employment of children in dangerous, indecent voca- tions, etc., forbidden, 4353 Employment of minors as musicians or beggars on high- ways, etc., forbidden, 4354 Employment in dance houses, concerts, etc., forbidden, 4355 Employment in mines, etc., forbidden, 435^ Criminal proceedings against offenders, 4357 Orphans' court to have jurisdiction to appoint guardians in cases of cruelty, danger to morals, etc., 4358 When child may be committed to humane society as its ' guardian, 4359 When child may be committed to the guardians of the poor, 4360 Labor acts and penalties for their violation, 4361 Protection to minors, 4362 Minor under fourteen not to be employed about eleva- tors, 4363 Minors not to be employed in certain occupations over twelve hours a day or sixty hours a week, 4364 Minor under thirteen not to be employed in certain works, aifidavit to be made, registry kept, etc, 4365 Where minor incorrigible, vagrant, etc., 4365 Jurisdiction of court in appointment of guardian, 4366 Executor and administrator excluded, 4367 A parent, if living, is guardian of the person and is entitled to notice, 43^7 I 2 14 INDEX. [The references are to the Sections.) Minors — continued. An appeal lies from decree appointing a guardian, 4367 Notice to mother — minor — Next of kin, 4368 When guardian can be appointed during life of parents, 4369 Neglect of father — If mother unsuitable, etc. , • 4369 How to have guardian appointed, 437° Requisites of petition for appointment of guardian, 4371 Duty ot guardian as to investment, 437 1 Form of petition for appointment of guardian, the minor being under fourteen, 4372 Form of petition for appointment of guardian, the minor being over fourteen, 4373 Tenant in common with a minor cannot object to the validity of the appointment of a guardian, 4373 Court can act where the minor is over fourteen and refuses to petition, 4373 Father denies that the minor has any estate — Court may still appoint, 4373 Petition for guardian may be amended, 4373 Petition should state proposed guardian is not executor or administrator, etc. , 4373 Executor may be appointed guardian under a conditional devise, 4373 Father may appoint testamentary guardian for unmarried child, 4375 Except where, for one year prior to his death, he has refused to support his child, 4376 When mother may appoint testamentary guardian, 4377 Putative father cannot appoint, 4377 Form of testamentary appointment of guardian^Deci- sions, 4378 Non-resident guardian — Appointment of non-resident guardian not to authorize interference with minor in this state, 4379 Court may appoint foreign guardian on his giving security, 4379 Court may appoint guardian for minor outside of the state and having estates within the jurisdiction of the court, 4380 INDEX. I 2 I 5 (The references are to the Sections.) Minors — continued. When the resident guardian may be discharged and ordered to pay over and to deliver to the foreign guardian, 4381 Court may order resident guardian to pay over to non- resident guardian property of a non-resident ward, 4382 Foreign executors, administrators and guardian may transfer state loans, collect dividends, etc., 4383 Foreign executors, administrators and guardians may transfer stock of banks and incorporated companies in this state, collect dividends, etc., 4384 Foreign executors, administrators and guardians may transfer stocks and loans of Philadelphia — Collect ' interest, etc., 4385 Foreign executors, administrators, guardians, etc., may transfer stocks and loans of any incorporated com- pany of this state — Receive dividends, etc. , on filing copy of their authority, etc., 4387 Where guardian and ward both non-resident, such guar- dian, on proof that he has given security, may demand and remove property of the ward from the state, 4388 When resident guardian may pay over property to non- resident guardian and be discharged, 4389 When the court may appoint in absence of the minor, 439° Minor may subsequently choose, 439° Guardians ad litem — Service of writs upon guardians, 4391 How process served on minors under fourteen, 4392 Guardians ad litem may be appointed when necessary, 4392 How notice to be served on minors of proceedings in the orphans' court, and how guardian ad litem appointed in orphans' court, 4393 Security may be required from guardian ad litem, 4394 Where no guardian appointed, minor's money may be paid into court, 4394 Suggestions as to form of petition for appointment of guardian W ///i?w2, 4395 Duties, liabilities and powers of guardians, 439^ Court may require bond from guardian, 4397 12l6 INDEX. (The references are to the Sections.) Minors — con tinued. Form and condition of bond, 4397 Bond cannot be cancelled until duties performed, 4397 No suit can be brought on bond until account settled, 4397 The guardian should file an inventory of property within thirty days, 439^ As to manner of keeping accounts, 4399 Custody of estate, 4399 The Philadelphia rule as to keeping account, 4399 Suggestions to guardians, 4400 Support of ward, etc., 4401 Orphans' court may make allowance for support and edu- cation of minor, 4402 Allowance may be made for minor out of state, 4403 Real estate of minor may be sold for maintenance, etc., 4404 For improvement and benefit of estate, when it is unproductive, 4404 When a sale is for the minor's interest, etc., 4404 How order is to be made, rf land be in another county, 4405 What mu.st be done to obtain the order, 4406 Court may refer petition to sell minor's real estate to auditors, 4407 Sale of minor's land for interest of minor, 4408 Sale of minor's estate in remainder, 4409 Sale of estates in trust, 4410 Hovs- these sales to be effected, 441 1 Notice of petition for sale, 4412 Requisites of petition for sale of land, _ 4413 Bond to be entered beforu sale confirmed, 4414 Letting the estate of minors on ground rents and extin- guishment of same, etc., 4415 When orphans' court may authorize guardian to let on ground rent, 4415 How ground rent extingui-shed when it is vested in a minor, 4417 Orphans' court of Mercer county may authorize guardian to lease mineral lands, 4418 Bond to be filed, 4418 INDEX. I217 (The references are to the Sections.) Minors — continued". Allowance may be made notwithstanding direction to accumulate, 44^9 Adequacy of allowance, 4420 When order to be made — To whom paid, etc., 4420 Allowance may be made on settlement of the account, 4420 Where guardian has been in loco parentis he will not be allowed for support, 4420 Order made for allowance, although legacy payable at majority, 4420 The principal may be taken for maintenance if necessary, 4420 And interest upon legacy vested, but not presently payable, 4420 Even if fund is to go to a survivor, 4420 Trustee of adults may be ordered to pay out of a vested fund, payable in future, 4420 Order will be made to pay out of income, though there be a gift over, 4420 Past and future maintenance allowed where parent unable to support child, 4420 Past maintenance not allowed where parent able to support child, 4420 Full proof required of all the circumstances, 4420 Past maintenance allowed out of principal where necessary, 4420 Guardian expends at his own risk if without an order of the court, ^ 4420 Yet he loses costs of an unsuccessful application, 4420 Allowance will not be made to a person who main- tains the ward against the guardian's consent, 4420 Guardian must pay ward for services rendered, 4420 Credits allowed for medical education, 4421 For insurances, 44^1 For counsel fees, 442 1 For bill for printing paper-books, 4421 Credits not allowed, 4422 Goods sold to ward after majority, 4422 Lien claimed by guardian to have been paid to him.- self, 4422 I2l8 INDEX. (The references are to the Sections.) Minors — continued. Commissions on a fund never received, 4422 Commissions on triennial account, 4422 Commissions on overcharge, 4422 Counsel fees not allowed in a personal litigation, 4422 Education and foreign travel not allowed to a father as guardian, the father having means, 4422 Bad investment not allowed, 4422 When guardians liable, 4423 Erection of buildings without authority, 4423 Converting personalty into realty, 4423 Violations of trust, 4423 Culpable indifference, 4423 Consenting to wrongful act of colleague, 4423 Depositing with a colleague, 4423 Allowing administraltor to collect minor's rents, 4423 Receipt of depreciated stocks, 4423 Conversion of stocks, 4423 Borrowing ward's money, 4423 Setting up ward in business, 4423 Using fund or neglecting to invest it, 4423 Use of fund reason for removal, 4423 Ignorance resulting to prejudice of the ward is reason for removal, 4423 Keeping no books, condemned, 4423 Failure to keep separate bank account — Mingling assets, 4423 Use of ward's estate, 4423 Interest compounded, 4423 Commissions refused, 4423 Omission resulting in loss, 4423 Consent of guardian to divesting title of ward to real estate by judicial sale is a wrongful act, 4423 Though lease be void, minor's acquiesence with knowledge after maturity, may validate it, 4423 If two sales of real estate, sureties on first bond liable for proceeds of second sale unless bond specially worded, 4423 Guardian's original sureties not liable for proceeds of real estate sold under an order of orphans' court, 4423 INDEX. I 2 19 (The references are to the Sections.) Minors — continued. For loss by guardian's neglect he is chargeable, 4423 Where a guardian fabricates accounts, all credits may be disallowed, 4423 When guardian not liable — Employment of common skill and caution will exonerate guardian, 4424 Powers of a guardian when acting in good faith, 4425 Accounts and settlements with wards, 4426 Laches a bar, 4426 Nineteen years, 4426 Seven and a half years, 4426 Where settlement is made shortly after the ward arrives at age, 4426 The burden is on the guardian to show that settlement was fair, 4426 On attaining fourteen the minor may select a fit person in place of the former guardian, 4427 By whom account of deceased guardian to be filed, 4428 Triennial accounts not conclusive, 4429 Guardian to file an account every three years, and when- ever required, and when ward attains majority, 4430 Final account, confirmation, etc., 4451 Affidavit to account, 4431 Audit, 4431 Orphans' court of Philadelphia meets on the first Mon- day of every month, except August and September, for audit, 4431 Philadelphia court rule provides that the ward, if of full age, or some disinterested friend, if ward in his minority, must have notice, 4431 Form of memorandum for auditing judge, 4432 Exceptions to adjudication, 4433 Where accountant is acceptant he must attach affidavit that the foregoing exceptions are not intended for delay, 4433 Release within four months after maturity and a subse- quent confirmation of the account does not prevent a bill of review when an item was omitted from the account, 4433 Confirmation of adjudication, • -:434 I2 20 INDEX. (The references are to the SectionsO Minors — continued. Execution may be decreed in orphans' court against ward's estate, 4434 The only remedy of guardian is in that court, 4434 Account of a deceased guardian- must be filed by his executor, 4434 Remedy against deceased guardian is on settlement of his estate, 4434 Where ward refuses to elect between interest and profits the court elects, 4434 Guardian's compensation, 4435 May be forfeited by gross neglect or by fraud, etc., 4435 Though a guardian disclaim commissions, yet when he renders particular service he will be entitled to compensation, 4435 Suits on guardian's bonds, 4436 Liability of sureties, etc., 4436 When executors and guardians may require a refunding bond, 4437 Discharge of guardian, account to be filed, residue to be surrendered, etc., 4438 Removal of guardian for mismanagement, • 4439 Court may bind out minors, 4440 Persons to whom bound to be of same religious persua- sion as parent or minor, 444 1 A minor should not be appointed a trustee, 4444 Trustees to hold until minors arrive at age cannot be ordered to pay income to guardians, 4444 How minor's interest protected when executrix married or about to marry, 4Sii) 4512 How selection to be made on behalf of a minor under fourteen, 4576, 4579 Minor may petition for exemption when no letters granted and estate valued at less than three hun- dred dollars, 4577 By whom the exemption is to be claimed — When there is a minor under fourteen — Widow's right — When it vests — Election of property — As to realty — Claim INDEX. I 22 I (The references are to the Sections.) Minors — continued. by children — If widow non compos — If two claim as widow, 4579 Sale or mortgage of real estate for payment of debts, 4699 Sale or mortgage of realty where interests of minors will be promoted, 4699, 4717 Guardians of minors have a right to te heard in opposi- tion to an order of sale for payment of debts which are disputed, 4708 Sale of minor's real estate will be ordered, although in case of death during minority the proceeds would go to parties other than those to whom the land descended, 4781 Sale of minor's real estate under the Price act need not be made by the court having jurisdiction of guar- dian's account, 4782 In partition proceedings, if minors interested, notice shall be given to guardians, 4817 Form of notice to minors as to appointment of guardian ad litem, 4817 In partition, guardian may accept purpart for his ward and give a recognizance, 4872 Mortgage. When decrees may be made for sale, mortgage, lease, ground rent, etc., 3873 The court has no jurisdiction on petition of stranger to decree mortgage for payment of debts, 3904 No jurisdiction to decree satisfaction of mortgage held on secret trust, 3925 As to payment of debts, legacies, dower, mortgages fall- ing due, etc., 4188 Mortgage should be paid out of personalty, and not realty, 4188, 4322 Lien of first mortgage not to be destroyed by orphans' court sale, 473° When lien of mortgage preserved against all sales, 4731 Sale for payment of debts may discharge mortgage if mortgagee consent, 473^ 1222 INDEX. (The references are to the Sections.^ Mystique Will. The French code admits the mystique, 4010, 4019 It need not be written by testator or signed by him, 4020 Nominee. When nominee of party is entitled to letters, 4052 When nominee of next of kin entitled to letters, 4°S9 When nominee of residuary legatee entitled to letters, 4059 When nominee of majority of parties in interest entitled to letters, 4059 When nominee not respected, letters may be revoked, 4109 When next of kin willing to act, widow cannot nominate, 4ri5 Where legatee for life can nominate trustee, still the orphans' court must approve, 4444 Where parties long in litigation, court will appoint, 4444 See Administrators, Trusts and Trustees. Notice. Courts may regulate advertisements, notices, costs, etc., 3804 On grant of second citation, court may make order for publication, 3813 On proof of publication court may proceed, 3814 Decree /w confesso may be entered, 3815 Auditor may be appointed, 3815 On report of auditor court may decree, 3816 Provisions as to notices, advertising, etc., in all cases except accounts of executors, etc., 383S Notices to minors — On guardian, if any — If no guardian, on minor if above fourteen — If under fourteen, on next of kin of full age, 3836 Court must appoint guardian, 3836 In proceedings to perpetuate testimony, where records lost, notice to be served upon minors or their guar- dians, 3842 Notice required to administrator or executor before revo- cation of letters, 3913 Notice to next of kin required in issuing letters of admin- istration, d. b. n. c. t. a., 4045 INDEX. 1223 (The references are to the Sections.) Notice — continued. Notice of application for letters required when person presumed to be dead, 4077 Final notice that court has decreed that presumption of death has been made out required, 4079 Form of final notice, 4083 Executors must notify public corporations of devises and bequests within six months, 4156 Legatee entitled to notice, 4157 Notice of meeting before examiner and master, 4176 Notice of filing report by examiner or master, 4177 Form of notice of filing account, 4228 Additional notice to non-residents, etc., may be required, 4228 Certified copies of accounts to be sent by register to orphans' court — Notice to be given, 4244 No account to be confirmed unless notice of presentation given, 4245 Clerk to give notice of hearing of audit lists by advertise- ment, 4246 Philadelphia court rules as to auditors — Application — Notice — Report, 4250 Auditor to give notice of filing account, etc., 4313 Distributees, their guardians or agents, may notify admin- istrator of their objection to sale of real estate for distribution within five years, 4324, 4723 Parent to have notice of application for appointment of guardian, 4367, 4368 Notice required to minor or next of kin in appointing guardian ad litem, 4368 Notice required when foreign guardian applies for dis- charge of resident guardian and removal of prop- erty, 438i> 4389 Notice shall be given to guardian ad litem of his appoint- ment, 4392 How notice to be served on minors of proceedings in the orphans' court, and how guardian ad litem appointed in orphans' court, 4393 Notice to be given to parties in interest upon sales of real estate, 44 1 1 , 44 1 2 1224 INDEX. (The references are to the Sections.) Notice — continued. Notice to ward of audit of guardian's account required, 4431 Notice must be given by citation, etc., for removal of trustee, 4444 Want of notice to cestui que trust is ground of revocation of appointment of trustee, 4444 Advertisement of filing of trustee's account, notice to all, _ 4488 Notice must be given executors and parties in interest in proceedings to enforce contract of decedent for sale of realty, 4670, 4675, 4971 When notice not necessary in cases of specific perform- ance, 4682 Notice to all parties required in appraisement of real estate under the act of April 17, 1869, 4^95 Notice to widow and heirs not necessary in proceed- ings for sale of land for payment of debts. 4709 Where sale authorized for payment of debts, though land lies in different counties, notice required, 4716 When notice of application for sale of real estate required, 4718, 4719 Public notice of sale of real estate, 4729 Notice of the filing of petition for private sale required, 4747 When such notice advertised, ' 4747 Proof of publication required, 4747 Form of notice of filing of petition for private sale, 4747 Notice should be given to all parties in interest in pro- ceedings under the Price act, else no title passes, 4783- 4788 In partition suits minors entitled to notice by guardians, 4817, 4823 Form of notice to minors that guardian ad litem will be appointed, 4817 Notice required in partition proceedings, 4814, 4823, 4970, 4971 When notice required in proceedings by petition for sale of real estate free from the lien of debts not of record, 4925 INDEX. 1225 (The references are to the Sections.) Nuncupative Wills. Requisites of a nuncupative will, 399°) 3991 Mariners and soldiers not affected by act of 1833, 3992, 4000 How nuncupative will probated, 3993 Testimony to prove nuncupative will not admissible after lapse of six months, unless reduced to writing within six days after making of will, 3994 All the requisites must be clearly shown, 3995 Where estate over one hundred dollars, testator must bid witnesses present bear witness to will, 399^ Verbal will must have been committed to writing within six days if attempt made to probate will after lapse of six months, 3997 Can only be made in extremis, 3998 An unsigned written will cannot be proved as a nuncupa- tive one, 3999 When soldier cannotmake nuncupative will, 4000 Form of probate of nuncupative will, 4001 Offspring. " Offspring'" heldto be a word of limitation, 3950 Olographe Will. Olographe will, 4010 Every word must be written by testator and he must sign, 4011 Good if written in account book, 4012 Signature essential, 4013 Must be at end, 4°i4 Date need not be on last page, 4015 If date be anterior and impossible, yet it may be corrected, 4016 The custom of Paris required that, if not olographe, it may be before two notaries, or curate (vicar) and one notary, or curate (vicar) and three witnesses, or one notary and two witnesses, dic- tated by testator, read, signed, etc., 4017 12 26 INDEX. (The references are to the Sections.) Opening Decree. When defendant in default may be admitted to a defense in sequestration proceedings, 3829 Within one year after personal notice, _ 3829 Within five years after entry when no notice given, 3829 See Decrees. Order. Order of publication of alias citation, 3813 On proof of service or of publication court may proceed, 3814 Decree /r<7 confesso may be entered, 3815 Auditor may be appointed, 3815 On auditor's report court may decree, 3816 Orders and decrees may be transferred to another county, 3834 Order to put petition for issue d. v. n. on issue list, 3979 Order to file account, 4242 Order to pay award adjudged in adjudication, 4340 Service of order to pay, 434° Petition for order to pay, 434 1 Certificate of order to pay, 4342 Return to order to pay, 4343 See Decrees. Organization of Orphans' Court. First law passed, 1693, 3777 By it, the justices sat twice a year in every county, 3777 Name and jurisdiction borrowed from London, 3777 Act of 1 701, 3777 Actofi7i3, . 3777 Provisions of constitution of 1874 as to orphans' courts, 3778 New orphans' courts established, 3779 An orphans' court in every county where population exceeds 150,000 shall be established, 3779 In any county of less population an orphans' court may be established, 3779 Orphans' courts to have one or more judges, 3779 Judges must be learned in the law, 3779 Jurisdiction of common pleas judges ceases in orphans' court proceedings where orphans' courts established, 3779 INDEX. 1227 (The references are to the Sections.) Organization of Orphans' Court — continued. An orphans' court established in every county, 3782 Except in Philadelphia, Allegheny and Luzerne, the orphans' courts shall be composed of common pleas judges, 3783 Berks county — Separate orphans' court, 37^4 Philadelphia orphans' court to have three judges learned in the law, 3785 Additional associate in Philadelphia, 3787 Luzerne and Allegheny courts each one judge, 3785 Allegheny county court to have an associate judge, 3786 Register of wills to be clerk of orphans' court, 3780 Accounts to be audited without expense, 3781 Auditors may be chosen, 3781 Orphans' courts possess all the powers of register's courts which are abolished, 3781 In every county of less than 150,000 inhabi- tants the register of wills shall be clerk of the orphans' court when established, 3788 Register may, with approval of court, appoint an assistant, 3788 Salary of assistant two thousand dollars, 3788 How salary paid, 3788 In Philadelphia, Allegheny and Luzerne, register of wills shall be clerk of court, subject to its directions, 3 790 With approval of court he may appoint not exceeding three assistants in Philadelphia, 3790 And two assistants in Allegheny, 3790 One in Luzerne, 379° Salary in these counties, first assistant, eighteen hundred dollars, 379° Salary in these counties, second assistant, fifteen hundred dollars, 379° All other assistants not exceeding twelve hun- dred dollars, 3790 How salaries paid, 379° In every county whose population exceeds 150,000 the register shall be clerk of the orphans's court, 3790 1228 INDEX. (The references are to the Sections.) Organization of Orphans' Court — continued. With consent of court he may appoint assistants, 3790 Salary of first assistant in such counties two thou- sand dollars, 3790 Of second assistant, eighteen hundred dollars, 3790 Of third assistant, twelve hundred dollars, 3790 All other assistants, one thousand dollars, 3790 How these salaries paid, 37,9° County commissioners to provide rooms for courts and records, 3791 Seal of the court, 3792 Commission to president judge, 3793 Where two or more new judges are elected they shall draw lots, 3794 When president judge of the common pleas can hold orphans' court, 3795> 379^ When additional law judge of common pleas may hold orphans' court, 3796 Law judges may grant rules and citations in vacation, 3797 When orphans' courts to be held, 3798 If orphans' court judge be unable to sit, 3799 Return days and rules, 3800 All writs, etc., to be attested in name of president judge, 3801 Courts may issue process to collect fines, etc., 3802 Courts may establish rules, 3803 May regulate advertisements — Notices — Costs, etc., 3804 May issue subpoenas into any county, 3805 Proceedings to obtain an appearance, 3806 Citation may issue, 3807 Citation may be served by party, or agent, or sheriff, etc., 3808 Manner of service, personal or on member of family, 3809 When service may be made on surety, 3810 Return to citation — When it must be under oath, 381 1 Return to citation must state manner of service, 3811 When alias citation to issue, 3812 Order of publication of alias citation, 3813 On proof of service or of publication court may proceed, 3814 INDEX. 1229 (The references are to the Sections.) Organization of Orphans' Court — continued. Decree /r(7 confesso may be entered, 3815 Auditor appointed, 3815 On report of auditor court may decree, 3816 Attachment — Sequestration — Fi. fa. may be issued to enforce decree, 3817 How attachment or sequestration to be executed, 3818 Form of sequestration, 3819 Sequestration not to abate by death, 3820 Duty of sheriff receiving sequestration, 3821 Lien of sequestration, 3821 Fi. fas. to be executed by sheriff or coroner, 3822 When attachment or sequestration may issue in the first instance, 3823 When they may be dissolved, 3824 When trust property may be taken possession of by sheriff, 3825 When debts due to a trust, stock, etc., may be attached, 3825 Sheriff or coroner may demand security before executing writ attaching trust property, 3825 Orphans' Court. Declared a court of record, 3838 Effect of decrees, 3838 Shall not be reversed or avoided collaterally in any other court, 3838 Liable to reversal, or modification, or alteration by the supreme court, 3838 Owelty. See Partition. Paper Books. 52^r exceptions to adjudication — What to contain, 4315 Sur exceptions to auditor's report, 4316 1230 INDEX. (The references are to ihe Sections.) Parol Contract. When parol contract relating to real estate enforceable in orphans' court, 3859 When parol contract among tenants in common relating to real estate may be carried out, 3863 Parol contract to sell real estate made by decedent — When parties in interest do not think it expedient to plead the statute, what may be done under Price act, 3873. 475° Parol contract for sale of real estate by decedent — How proved, 4670, 4672, 4678 In parol contracts, executors and administrators shall have the remedy provided by Act of March 31, 1792, 4671 Parol Declaration. When trust created by, 4443 See Trusts and Trustees. Parties. Who are parties in interest to cite executor to file account, 4234 A widow is entitled to cite an executor to account, 4234 A creditor is party in interest, 4234 Legatee, distributee, preferred creditor, etc., are parties in interest, 4234 Who are not parties in interest, 4235 Partition. Notice to parties in interest to be regulated by rule, 3804 Orphans' courts have jurisdiction over the partition of the real estate of intestates, 3839 Jurisdiction lo award to judgment creditors the share of an heir, 3854 When, in partition proceedings, it shall appear that real estate cannot be divided without prejudice to the interests of the owner, court may decree sale, mort- gage, lease or conveyance on ground rent, 3873, 4705 Orphans' court has no jurisdiction to decree partition where premises in adverse possession of another, 3895 INDEX. I 23 I (The references are to the Sections.) Partition — continued. The orphans' court has no jurisdiction to enforce claim by co-heirs against heir in partition proceedings, 3900 In partition, real estate is not liable in hands of purchaser where the sale made after two years, 42 1 1 Powers of a guardian in partition proceedings, 4425 Partition does not divide collateral inheritance tax, 4562 Advancements may be settled in partition proceedings, 4634 Where common pleas had ordered a sale in partition, the orphans' court will not order a sale for payment of debts, 4710 Share of tenant for life to be charged on land in sales under proceedings in partition, 4712 Partition in the orphans' court, 479? Jurisdiction, 4792 Orphans' court shall have power to award inquest in par- tition on application of widow or lineal descendant, 4792 In place of inquisition, three or more commissioners may be appointed, 4792 Widow may have partition, 4793 Partition may be made between widow and the only heir or his alienee, or a child, if estate not prejudiced, 4793 Widow of deceased remainderman may have partition of the original estate, 4794 Jurisdiction in partition conferred upon the orphans' court by the act of 1836, 4795 Act of 1832 does not vest in the orphans' court exchi- sive jurisdiction in partition of estates of intestates, 4796 Jurisdiction conferred in cases of testacy, where parties minors or course of descent not changed, 4797 Statute inapplicable where estate given executors to sell, 4798 Jurisdiction vests where land devised to two or more children, although in unequal parts, 4799 Jurisdiction in case of birth of child after date of will, 4800 Jurisdiction in cases of testacy, 4801 Former proceedings validated, 4801 Where course of descent altered, no jurisdiction prior to act of 1889, 4802 1232 INDEX. (The references are to the Sections. j Partition — continued. Jurisdiction of undivided interest held by decedent with others, 4803 Former partitions confirmed, 4804 Undivided interests from different ancestors may be parted in one proceeding in orphans' court, 4804 Practice in partition where land lies in different counties, 4805 Where petition in such cases should be presented, 4806 General decisions upon questions of jurisdiction, 4807 Pending action at law, 4807 Decreed after lapse of twenty-six years, 4807 While contingent interests outstanding, 4807 May be had by lunatic's committee, 4807 , By owner of legacy charged on real estate, 4807 By alienee of heir, 4807 By owner of the estates of minor children of an appointee, 4807 No jurisdiction where purpart held in severalty, 4807 Where verdict against will, proceedings were stayed until intestacy established by action in ejectment, 4807 All the parties must be interested in all the land, 4807 Tenant for life enjoying sole and exclusive possession cannot have partition, 4807 AVhat is subject to partition, 4808 All persons known must be named in petition, 4809 If unknown, publication to be made, 4809 Remaindermen to be made parties, 4810 When remaindermen to be bound by recognizance, 4810 Share of tenant for life to remain charged on land, 48 11 No one can maintain partition who has not an estate which entitles him to immediate possession, whether legal or equitable, 48 11 In cases of testacy, 481 1 In cases of intestacy, 48 11 Where title derived from different ancestors by descent or devise, 48 11 Sketch of the statutes as to intestacy, 48 11 The petition, whom to be named, 4812 Necessary averments, 4812 General directions as to preparation of petition, 4813 INDEX. 1233 (The references are to the Sections.) Partition — continued. Form of petition for partition and decree, 4814 Where the petition and writ inadvertently state that part of the land is in possession of an adverse claimant, such statement may be stricken out after appeal, 4815 General directions as to filing petition, 4816 Forms of return to citation, 4817 If there be non-resident parties, 4817 Form of order awarding alias citation and order of pub- lication, 4817 Form of return to alias citation and order of publication, 4817 Notice to minors — Guardians ad litem, 4817 Form of notice as to appointment of guardian ad litem, 481 7 Form of petition for appointment of guardian ad litem and decree, 4818 Answer to petition, 4819 Mere denial of right not enough, 4819 Testimony may be heard upon the title asserted, 4819 Issue may be awarded to try disputed facts, 4819 Where legitimacy involved, finding of the orphans' court is conclusive, except in case of clear error, 4819 Demurrer to petition, 4819 Form of demurrer to petition for partition, 4820 Form of petition to intervene and decree, 4821 Decree awarding inquest, 4822 Execution of inquest, 4822 Notice of proceedings must be given, 4823 Effect of omission to notify, 4823 Who entitled to notice, 4823 Who not entitled to notice, 4823 Return to inquest should show how land appraised and should describe each purpart, 4824 The allotments should be just, 4825 When inquest set aside, 4825 Separate estimates of jurors do not invalidate inquest, 4826 Nor presence of sheriff, if no interference on his part, 4827 Proceedings stayed after inquest because of a will shown, although verdict had been against it in ejectment, 4828 Decree of confirmation final, 4829 1234 INDEX. (The references are to the Sections.) Partition — continued. Land may be divided into more purparts than there are heirs, 4830 Where land equally divided and allotted it need not be appraised, 4831 Orphans' court may make partition among heirs upon return of inquest, 4832 Where an estate cannot be divided, court to award same to proper parties, 4833 Rights of respective parties to take, 4833 Parties accepting estate to secure other parties' interests by recognizance, etc., 4834 Where equal partition cannot be made, purparts to be appraised and awarded to parties entitled, 4835 Owelty, 4835 Purparts to be appraised and awarded to persons entitled, 4836 Rule to accept or refuse, 4837 Form of rule to accept or refuse, 4838 Heir to have preference as to one share only, 4839 Shares of parties appearing may be allotted, and remain- der of premises may remain subject to future parti- tion, 4840 Service of rule to accept or refuse, 4841 Right to take land at valuation, 4842 Who entitled to exercise right, 4842 Bidding for purparts, 4843 When land assigned to widow, if no appeal, such defect cannot defeat recovery by her of purchase money, 4843 Confirmation to heir not conclusive against another heir claiming adversely and disputing proceedings, 4843 Oral bids not allowed, but party so taking cannot object to title of others obtaining their purparts in like manner, 4843 When mortgage to be given to protect other interests, party accepting purpart acquires no title until such mortgage executed, 4844 Award to one heir divests title of other heirs, 4845 Taking by husband, 4846 INDEX. 1-35 (The references are to the Sections.) Partition — continued. Share of married ^yoman not be paid to her husband before entry of security by him, 4847 The wife may declare that such husband need not give security, 4847 Form of such declaration, 4847 Where such declaration filed by wife and the parties shall be divorced before payment to the husband, the wife's share to be collectible by her for her own use, 4848 Setting aside award, 4849 When orphans' court may appoint commissioners to desig- nate boundaries of curtilage, etc. 4850 Duty of curtilage commissioners, 4851 Effect of report in such proceeding, 4851 Costs in the above, 4851 The recognizance of party accepting, 4852 Where recognizance required for payment of any part of valuation, the clerk of the orphans' court shall make a calculation of the amounts due the respective par- ties and file the same of record, 4852 The taking of bonds in lieu of recognizances con- demned, 4852 Court may fix time for payment of principal of owelty, 4853 Costs, expenses and trustee's compensation may be ordered paid upon confirmation of sale, 4854 Purchaser to enter into recognizance for balance of pur- chase money, 4854 Party suing on such recognizance to first give securit)' against debts of the decedent, 4855 Such recognizance to be a lien until paid, 4856 Upon petition, orphans' court may compel payment of money charged upon real estate, 4857 Petition may be presented for payment of owelty, 4858 When acknowledgment of satisfaction of recognizance to be entered, 4859 Its effect, 4859 In default of acknowledgement of satisfaction, damages to be imposed or court to make order in relief of cognizor, 4860 1236 INDEX. (The references arc to the Sections.) Partition — continued. Proceedings to obtain satisfaction of recognizance where recognizee dead or removed from state, the same as in proceedings to obtain satisfaction of mortgage upon death of mortgagee or his removal from state, 4861 Where share of real estate decreed to non-resident, owelty to be paid by such non-resident, 4862 In default of payment, land to be sold, 4862 Form of recognizance, 4863 Need not be taken in open court nor copied at length on docket, 4864 Defective recognizance cannot be reformed to prejudice of surety, 4865 Heir should be given opportunity to remedy defective recognizance, 4866 Liability of heir not to be increased or diminished after award, 4867 After recognizance given, heir's share of realty converted into personalty, 4868 Suit on several recognizances when land taken jointly, 4869 Recognizance may be given to secure widow's interest, 4870 The recognizance is a first lien and binds the entire estate of the heir giving it, 4871 As to the character of the widow's interest secured by the recognizance in partition, 4871 The recognizance is in the nature of a judgment, 4871 It is a lien from its date, 4871 It is not a lien upon the land of a surety, 4871 It binds the whole' estate taken, 4871 It is not discharged by judicial sale when taken to secure widow's interest, 4871 It is a lien, although not indexed, 4871 A continuing lien, 4871 Guardian may accept purpart for his ward and give a recognizance, 4872 Rights of widow in partition proceedings, 4873 Share to remain charged on land, 4873 Widow's interest in deceased husband's land held by him as tenant in common or coparcener, 4874 INDEX. 1237 (The references are to the Sections.) Partition — continued. Inquest to be awarded in such cases, 4874 Share of widow to be secured, 4874 Interest to be paid, 4874 How interest secured and paid, 4874 Widow's interest may be charged on one or more pur- parts, • 487s Commissioners may be appointed in York and Fayette counties to value widow's dower, 4876 Widow's share of purchase-money may remain in hands of purchaser,, ' 4877 Interest to be paid, to be recovered by distress, etc., 4877 Widow electing to take against her husband's will is entitled to same share as if he had died intestate, 4878 If widow elect against her husband's will she or any party in interest may maintain partition, 4879 Her interest should be secured by decree and payment may be enforced by distress, 4880, 4881 Widow's right to mansion house, 4882 Widow's interest remains a lien, although not specially charged by order of the court, 4883 Land cannot be assigned free from its charge, 4884 Lien of judgment to secure dower interest is not dis- charged by sheriff's sale, 4885 Purpart taken at valuation is subject to widow's interest and to payment of other heirs' shares of principal at her death, 4886 In such case' the heir accepting has no interest in prin- cipal at vvidow's death, 4887 Principal divisible among heirs only when land divided into less parts than there are heirs, 4888 Where widow's death occurs between levy and sale of the land charged, lien is discharged, 4889 Sale of the land, 4890 Upon neglect or refusal of parties to take at the valua- tion, rule to show cause why land should not be sold shall be granted, 4891 To be returnable as court may direct, 4891 1238 INDEX. (The references are to the Sections.) Partition — continued. Upon refusal of parties to take, the court may order the real estate to be sold, 4892 Form of order of sale, 4893 Philadelphia court rule as to widow's share, 4894 Land cannot be sold until all the heirs refuse to take, 4895 Trustee to be appointed to execute order of sale, where there is no administrator or executor, or they refuse to act, 4896 Form of petition for appointment of trustee upon refusal of executor or administrator to act, and decree, 4897 A stranger should not be appointed unless cause exists for not appointing executor or administrator, 4898 When sale to be made by administrator d. b. n. c. t. a., 4899 Real estate sold after two years from grant of letters, not to be liable for decedent's debts, 4900, 4926 Title of purchaser at bona fide sale not to be affected by subsequent revocation of letters testamentary or of administration, 4901 Where trustee dies after sale, but before execution of deed, the same to be executed by administrator of the decedent or of the trustee, or by clerk of orphans' court, 4902 Form of petition of trustee for leave to bid at sale, and decree, 49°3 Re-sale may be ordered, 4904 Form of petition for re-sale, and decree, 4905 Form of purchaser's answer to the above, 4906 Form of decree setting aside sale, and ordering re-sale, 4907 When title may be disputed, 4908 Title cannot be attacked collaterally, 4909 Return to order of sale, 4910 Confirmation, 4910 Form of return to order of sale and decree, 4910 Form of return where the trustee purchases at his own sale, 4910 Form of return where any portion of the property was unsold, 4910 Form of petition to confirm sale of balance of properties, 4910 INDEX. 1239 (The references are to the Sections.) Partition — continued. Orphans' court may appoint an auditor, and may distrib- ute proceeds of sale among creditors of parties interested, . 49 n Before distribution of proceeds of sale, refunding bonds to be given, 4912 In partition, administrators acting .as trustees are not required to take refunding bond, 4912 In cases of partition, purchaser may pay money into court for distribution, 49^3 The court may require payment into court, or may make such order as may be just, 4914 Trustee to file an account of proceeds of sale, 4915 When share of proceeds of sale in partition descends as real estate, 4916 Costs and counsel fees to be paid by all parties in propor- tion to their interests, 4917) 4918 Former partitions otherwise regular, not to be invalidated for want of jurisdiction, 49^9 Partition docket to be kept, 4920 Fees, etc., 4920 A decree in partition conclusive, 4967 Notice required in partition proceedings, 4970, 4971 Fees of clerks for entering proceedings in partition, 4979 Costs in partition with counsel fee to be paid out of fund, 4979 A purchaser at a sale in partition may be compelled by attachment to comply with his bid, 4989 Payment of owelty in partition may be enforced by attachment, 4989 See Price Act, Real Estate, Sales. Partners. The court has no jurisdiction to settle partnership accounts, 39^4 A surviving partner should not be appointed administrator of the estate of his deceased partner, 4060 In suit against estate of deceased partner for firm debt, plaintiff need not aver or prove that surviving part- ner is insolvent, 4207 1 240 INDEX. (The references are to the Sections.) Partners — con tinued. When executor or administrator carries on the business of decedent or is partner, , 4453 The partner of a decedent who is made his administrator is not entitled to commissions for winding up the partnership, 4454 See Administrators, Executors, Trusts and Trustees. Payment into Court. Payment of money into court, in cases of charges on land, 3865 When money due minor may be paid into court, 4394 Where distributees will not accept awards, money and securities may be paid into court, 4So6 When legacy charged on land, devisee may pay legacy into court and land will be discharged from lien thereof, 4644, 4645 Where proceeds of real estate may be paid into court by an executor, 4725 When purchaser of real estate sold under order of court may pay purchase money into court, 4774 When lien creditors of parties in interest protected by payment into court in partition proceedings, 4911, 4914 When purchaser may pay into court in partition suits, 4913 When the court may require money to be paid into court, 4914 Application to impose costs on a claimant who has ordered money into court should be made to the auditor, 4980 Payment of Debts. No jurisdiction to decree sale where decedent did not die seized, 3903 No jurisdiction to decree mortgage except on petition of minors or creditors, 3904 The petition for sale must show other liabilities due beside a debt of record, 3906 See Debts, Liens, Real Estate. INDEX. 1 241 (The references arc to the Sections.) Pendente Lite. Where an issue is awarded in cases where the sheriff makes a special return to a sale and the lien credi- tor purchases, the fund may be invested pendente lite, 4745 See Administrator, Letters Pendente Lite. Pension. An executor appointed guardian, to receive a pension only, 4350 Guardians may be appointed under Pennsylvania pen- sion act, 4350 Perpetuation of Testimony. When testimony of orphans' court records may be per- petuated, 3842 Orphans' courts have the jurisdiction of a court of chan- cery for the perpetuation of testimony in cases of destroyed records, 3842 Where minors are interested, notice to perpetuate testi- mony shall be served upon said minors and their guardians, 3842 Perpetuities. When charitable bequest void as a perpetuity — How property goes, 3938 Trusts for accumulation — Perpetuities, 3963 Prohibition of accumulations beyond term named, 4758 Personal Actions. Personal actions, abatement, etc. — When actions abate (Brews. Prac, §2384). 4212 No suit shall abate or judgment be reversed because of removal, etc., or omission to name any parties (Brews. Prac, §2387), 4213 1242 INDEX. (The references are to the Sections.) Personalty. Will as to personalty — How revoked, 3972 Will conclusive as to personalty, unless decree of register appealed from in three years, 3989 Administrators liable for delay and loss in converting personalty, 4274 When mortgage or repairs to real estate paid out of rents, they must not be included in personalty, 4275 Failure to account for personalty — Practice, 4276 Loss by sale of personalty — Negligence, 4284 Personalty the primary fund for payment of debts including mortgages, 4322 See Nuncupative Will. Petition. What must be set forth, ■> 3807, 3837 Must be sworn to, 3807, 3837 For sequestration where defendant has absconded, 3823 For sequestration to preserve trust property, 3825 To enter into a defense in sequestration proceedings, 3829 For injunctions and review, to be printed, 3837 For review — What must be set forth, 3887 For review, must be verified by oath or affirmation, 3887 To mortgage for payment of debts — By whom to be pre- sented, 39°4 For sale for payment of debts must exhibit liabilities other than a debt of record, 3906 For letters testamentary, 4029 For letters of administration c. t. a., 4042 For letters of administration d. b. n. c. t. a., 404S For letters of administration, ' 4049 For ancillary letters, 4073 For \tXXtTS> pendente lite, 4076 To fix amount of bond in granting letters c. t. a. as agreed upon by parties in interest, 4102 For revocation of letters — What must be averred, 41 10 For revocation of letters — Form, 41 11 On appeal from decision of register — What must be averred, 4126, 5024 INDEX. 1243 (The references are to the Sections.) Petition — continued. To compel filing of inventory and appraisement, 4152 By administrator for order to pay him balance of pro- ceeds of realty sold at sheriff's sale, 4167 To invest in real estate, 4174 For leave to sell realty for payment of debts, 4169 For citation to file account, 4229, 4233 To be handed auditing judge, 4254, 4255 For order to pay, 434°; 4991 Form of petition for order to pay, 434i! 499i Petition for an attachment, 4346, 4991J 4992 Requisites of petition for appointment of guardian, 4371, 4373 Petition for appointment of guardian may be amended, 4373 When petition for guardian may be presented without minor appearing in court, 4380 Petition for appointment of guardian ad litem, 4395 Court may refer petition to sell minors' real estate to auditors, 4407 Notice of petition for sale, 4412 Petition for sale of real estate — Statutory provisions, 4413 Petition for extinguishment of a ground rent vested in a minor, 44^7 Requisites of petition for discharge, 4502 Philadelphia rules as to petition for discharge, 4503 Form of petition for discharge, 4504, 45 °5 Requisites of petition for removal, 4524 Form of petition to vacate letters of an executrix on removal from state, 4525 Form of petition for removal of executrix for a devasta- vit, 4526 Form of petition to dismiss a trustee, 4527 Proceedings after filing petition to dismiss, 4528 Petition cannot be taken /w confesso, 4528 Petition may be presented by register to orphans' court to enforce payment of collateral inheritance tax, 45S3> 4554, 4708 Petition for widow's exemption, 4577. 4578, 4594, 4595, 4597, 4599, 4601, 4602 1244 INDEX. (The references are to the Sections.) Petition — continued. Petition for discharge of legacy or annuity charged on land, 4638 Requisites of petition, 4639 Proceedings subsequent to petition, 4640 Petition for payment of legacy charged on land, 4654, 4656 Who may petition, 4630, 4655 Petition to decree satisfaction of dower or other charges on land, where the same have been paid or pre- sumed to be paid, but no record thereof, 4667 Petition for leave to make and execute a deed upon dece- dent's contract for sale of realty, 4668, 4669, 4670, 4673, 4678, 4682 Petition for leave to prove decedent's parol contract for sale of land, 4670 Requisites of petition as to contracts for sale of land, 4675. 4677 Form of petition to enforce performance of written con- tract made with decedent in his lifetime, 4676 Who to be made parties, 4682 Petition for appraisement in cases where testator directs real estate to be appraised and sold, or devises it to any person at an appraisement and does not direct how appraisement shall be made, 4694, 4695 Petition for sale or mortgage of land for payment of debts, 4699, 4700, 4703, 4704, 4705 Petition for sale or mortgage of land where interests of minors or cestuis que trustent\i\\\ be promoted, 4699, 4704 Requisites of petition for sale of land for payment of debts, 4706 Petition to sell at public sale should include all real estate of which decedent died seized, 4706 Form of petition to sell real estate for payment of debts, 4707 Requisites of petition for sale of real estate under act of 1851, 4720 Petition to compel conveyance of title of land sold at an orphans' court sale, 4740 Petition where real estate valued at not more than a thousand dollars and parties desire to sell for dis- tribution, 4741 INDEX. 1245 (The references are to the Sections.) Petition — continued. Petition for sale of real estate, where all parties in interest desire to convert into cash, 4742 Petition for sale of decedent's real estate at private sale, 4746, 4747 Petition for sale, mortgaging, leasing or conveyance on ground rent under the Price act — Requisites, 4751. 4754> 4784 Petition to bar an entail or defeat contingent remainder under the Price act, 4754; 47^7 Petition under the Price act to sell at private sale, 4784 Form of petition by guardian for sale under Price act, 4785 Form of petition of guardian to confirm sale, 4786 Petition in partition proceedings where land lies in dif- ferent counties, 4805, 4806 Petition in partition proceedings, 4809, 4810, 4812, 4813, 4816, 4879 Form of petition for partition, 4814 Form of petition for guardian ad litem and decree, 4818 Form of petition to intervene in partition proceedings, 4821 Petition to compel payment of money charged on land, 4857 Petition for payment of owelty, 4858, 4862 Form of petition for appointment of trustee upon refusal of administrator or executor to act, , 4897 Form of petition of trustee for leave to bid at sale, and decree, 49° 3 Form of petition for re-sale, 490S Form of petition for sale of property remaining unsold for want of buyers, 49 1° Petition for sale of real estate free from the lien of debts not of record, 49^5 Petition for writs of execution — Requisites, 4987 Petition after defendant has been committed by attach- ment, 4996 Petition for an attachment against absconding executor, 4998 Form of petition for writ of sequestration after life estate levied upon hy fi. fa. and vend. ex. outstanding, 5000 Petition to set aside appraisement in claim for exemption in executions, 5°°^ 1246 INDEX. (The references are to the Sections.) Petition — continued. Petition for ^. /a., 5005,5006 Petition iox vend, ex., 5008 Petition for attachment-execution, 501 1 Petition for testatum fi. fa. , 5°i4 Petition for review. See Bills of Review. See Forms. Philadelphia. An orphans' court established in every county, 3782 Except in Philadelphia, Allegheny and Luzerne, the orphans' court shall be composed of common pleas judges, 3783 Philadelphia orphans' court to have three judges learned in the law, 37^5 Any of them may hold the court, 37'85 Additional associate in Philadelphia, 3787 In Philadelphia, Allegheny and Luzerne, register of wills shall be clerk of court and subject to its directions, 3790 With approval of court he may appoint, not exceed- ing three assistants in Philadelphia, 379° Salary of first assistant, eighteen hundred dollars, 3790 Salary of second assistant, fifteen hundred dollars, 3790 All other assistants not exceeding twelve hundred dollars, 3791° How salaries paid, 379° In every county containing over 150,000 inhabitants and in which separate orphans' court exists, the register of wills shall be clerk of orphans' court and subject to its directions, 379° With approval of court, register may appoint assist- ant clerks, 379© They shall receive annual salaries payable monthly, 3790 First assistant, two thousand dollars, 379° Second assistant, eighteen hundred dollars, 379° Third assistant, twelve hundred dollars, 379° All other assistants, one thousand dollars, 3790 INDEX. 1247 (The references are to the Sections.) Philadelphia, Allegheny and Luzerne. An orphans' court established in each county, 3782 Except in Philadelphia, Allegheny and Luzerne, the orphans' court shall be composed of common pleas judges, 3783 Any one judge, learned in the law, shall have power to hold the court, 3783 Philadelphia orphans' court to have three judges, learned in the law, 3785 Luzerne and Allegheny courts — Each one judge learned in the law, 3785 Additional associate in Philadelphia, 3787 Allegheny county orphans' court to have an associate judge, 3786 In Philadelphia, Allegheny and Luzerne register of wills shall be clerk of court and subject to its direc- tions, 3790 With approval of court, he may appoint not exceed- ing three assistants in Philadelphia, 379° And not exceeding two assistants in Allegheny, 3790 One in Luzerne, 379° Salary in these counties of first assistant, eighteen hundred dollars, 379° Salary in these counties of second assistant, fifteen hundred dollars, 379° All other assistants, not exceeding twelve hundred dollars, 379° How salaries paid, 379° Plene Administravit. Omission to plead plene administravit, or to reply to the plea when filed, shall not prejudice, etc., 4204 Executors and administrators only liable for the assets, 4204 See Administrators. Power, Power of sale given but time not arrived for its exercise — What may be done under Price act, 3873, 475° Power of sale not given to executor, devisee, etc. — What may be done under Price act, 3873' 475° I24S INDEX. (The references are to the Sections.) Power — continued. Power of sale to include right to sell on ground rent, etc., and extinguish and convey the same, 3873, 4750 Testamentary power to sell may be controlled in its exer- cise by orphans' court, 3878, 3879 Power — Execution of in charitable bequests, 3939 Powers in a will, 4002 Powers of sale — Form of, 4003 Power of appointment — Form of, 4004 Execution of power of appointment, 4005 Duties, rights and powers of executors and administra- tors, 4155 Executors and administrators may collect bonds given for the surplus on tax sales — Power of court to sus- pend the collection, 4164 If unseated lands be sold for taxes and bond given for surplus, executor or administrator may collect, 4165 Powers of administrator as to realty limited, 4169 Sale of real estate for payment of debts under power in will, 4169 Sale of real estate under power in will — Who may exer- cise it, 4170 Power to compromise, release, invest, confess judgment, submit to arbitration, 41 71 If he have no power to sell, he cannot sue a defaulting purchaser, 4446 He cannot sell unless the deed confer a power, 4446 When a trustee appointed can execute a power of sale, 4501 Effect of an administrator giving a power of attorney to a stranger, 4523 Power of sale in a will — By whom it may be executed, 4683, 4684, 4685, 4686, 4688, 4689, 4690 All powers in a will as to realty not given to any person by name shall be exercised by executors under direc- tion of the court, 4687 Power of attorney by an executor to convey is valid, 4693 Where will contains power of sale the court will confirm a sale thereunder without a previous application, 4734 Effect of sale under testamentary power to pay debts, 4929 INDEX. 1249 iThe references are to the Sections.) Precatory Words, ^g^^ See Trusts and Trustees. Precept. Precept in issue d. v. n. — Form of, 3980 See Issue. President Judge. Commission to, 3793 Where only one judge, he shall be styled, 3793 When president judge of common pleas can hold orphans' court, 3795, 3796 All writs, etc., to be attested in name of president judge, 3801 Presumption of Death. Of owner of real estate — What may be done under Price act, 3873, 4750 Of husband of married woman owning real estate — What may be done under Price act, 38731 475° Where man absent and unheard of for seven years, pro- ceedings to administer on his estate, 4° 7 7 Application for letters — Advertising, etc., 4077 Evidence taken thereunder, 4078 If presumption conclusive, decree thereon, 4079* Register ordered to issue letters, 4080 Letters may be revoked but past acts valid, except widow, etc., must refund, 4081 Cost of letters — How paid, 4082 Revocation of letters — Costs thereon — How paid, 4082 Form of final advertisement, 4083 Upon distribution of estate of decedent presumed to be dead, refunding bonds to be given, 4334 Distribution of estate of person absent and not heard of for seven years, 4477 In partition proceedings notice need not be given to an heir absent more than seven years, 4823 1250 INDEX. (The references are to the Sections.) Price Act. When decrees may be made for sale — Mortgage — Lease — Ground rents, etc., 3873 Court to direct terms of sale — Purchase money to be a ' lien, 3874 Where land sold or mortgaged under the Price act, the lien of the legacy charged on such land discharged, 4660 Sales of real estate under the Price act — Preamble, 4748 Jurisdiction of courts to decree sales under act of April 18, i8S3> 4749 When the decree for sale, etc., may be made, 475° How sale, etc., may be decreed, 4751 Petition to be filed, 4751 Notice given, 47 51 Parties may appear, be heard, etc., 47Si Examiner may be appointed, 4752 Sale to be under control of court, 4752 Private sale authorized in certain cases, 4752 Security to be entered, etc., 4752 Orphans' court ihay order private sale when better price can be obtained, 4753 Title of purchaser to be absolute, 4754 Purchase money to remain a lien until paid, 4754 Proceeds of sale to be substituted for real estate sold, etc., 4755 Purchaser not bound to see to the application of the purchase money, 4755 Squaring and adjusting lines between adjoining owners, 4756 Partitions, 4756 Power to purchase, etc., 4756 Appeals allowed, but after twenty days and after decree carried into effect, reversal shall not effect title, 4757 Prohibition of accumulations beyond the term named, 4758 Security, etc., in all cases, 4759 No decree except by president judge or law judge, 4759 Deeds by trustees residing out of the county may be acknowledged where trustees reside, 4760 Courts may authorize investment of trust funds in ground rents or other real estate, 4761 No change of the trust, * 4761 INDEX. I 25 I (The references are to the Sections.) Price Act — continued. Sale, etc., without leave of court may be confirmed, 4762 Concurrent jurisdiction of common pleas and orphans' court if title partly by deed and partly by descent or will, 4763 Retroactive confirmation of sales of lunatics' lands prior to April 26, 1856, 4764 Non-resident guardians, trustees, etc., may acknowledge deeds outside of the state, 4765 Trustees, guardians, etc., may make deeds without pub- lic sale and accept deeds changing rights of way, 4766 Acknowledgments before a justice, etc., valid, 4767 Under act of 1853, deeds acknowledged in court and so certified, may be recorded, 4768 Security may be approved in county of grantor's residence, 4768 Private sales under order of court discharge decedent's debts, except debts of record and mortgages, 4769 Sales before May i, 1861, under orphans' court order, 4770 One executor or guardian, etc., dying before deed made, survivor can convey, 477° Where authority shall be given and one trustee dies, sur- vivor may sell, convey, etc., 477o When lease of mining lands decreed, they may be con- solidated with adjoining lands, etc., 477i If security entered, irregularity shall not affect title, 4772 Courts may order private sale of real esta^te by trustees, of religious societies, etc., to associations for ceme- teries, 4773 If guardian, trustee, etc., die before executing deed, court may order its clerk to convey, 4774 Court may order clerk to execute deed where trustee purchases by leave at his own sale, 4775 Clerks' deeds executed before 1878 validated, 4776 Grantee not personally liable for ground rent, mortgage, etc., unless he expressly assume, etc., 4777 Extent o'f grantee's personal liability under preceding section, 4778 The history of the act of 1853, 4779 Analysis of the act of 1853, and the supplements, 4780 1252 INDEX. (The references are to the Section?.) PriceJAct — continued . The county must be that in which the land lies, 4780 Jurisdiction when title partly by descent and partly by deed, 4780 In what cases the decree can be made, 4780 When the court will act, 4781 When court will not act, 4782 Under the Price act real estate cannot be mortgaged or sold for payment of debts of decedent, 4782 Who should be made parties, 4783 Notice — Citation — Service — Return — The petition, 4784 Requisites of petition to sell at private sale, 4784 Philadelphia court rule as to petition, 4784 Form of petition by guardian for sale under the Price act, 4785 Form of reference to examiner, 4785 Proceedings before examiner, 4785 The bond of petitioner, 4785 Rights of defendants, 4785 Form of petition of guardian to confirm sale, 4786 Form of conclusion of petition for sale in cases of con- tingent remainders, etc., 4787 Sales, 4788 Title not divested until delivery of deed, 4788 Before confirmation, a better ofier may be accepted, 4788 Security maybe given before confirmation, 4788 Title of purchaser, 4788 Confirmation makes good title if court have jurisdiction, 4788 A sale without notice to owner personally or by publica- tion passes no title, 4788 Confirmation matter of discretion, generally not review- able, 4788 Court refused to open decree after lapse of ten years — No fraud, etc., 4788 Effect of omission to enter security, 4789 Effect of sales upon mortgages, 479° When sale may be set aside, 479° In Philadelphia security that ten per cent, more" will be offered, sufficient, 479° Appeals should be duly entered in ten days, 4791 INDEX. 1253 (The references are to the Sections.) Price Act — continued. Notice of appeal should be served on vendee, mortgagee or lessee within twenty days, 4791 Lien of decedent's debts discharged by sale under the Price act, 4928 See Real Estate, Sales. Probate. All wills to be in writing — How proved, 3969, 3974 Probate of domestic will, 3984 Probate of will outside of state, 3984 Probate of foreign will, 3984 Certified copy of will outside the state — When letters granted, 3984, 3985 When certified copies of will are evidence, 3984 Power of foreign executor on letters granted outside the state, 3984 How foreign will probated — Requirements as to proof in place where original will probated, 3985, 4069 Will affecting real estate to be conclusive unless con- tested within five years from date of probate, 3988 Will conclusive as to personalty, unless decree of register appealed from in three years, _ 3989 How nuncupative will probated, 3993 Probate of nuncupative will after six months, etc., 3994, 3997 Form of probate of nuncupative will, 4001 Probate of will, 4028, 4104 Probate of will in custodia legis, 4069 The petition for letters testamentary should contain affi- davit of day and hour of death, 4084 Affidavits to be filed — Date of death to be recorded, 4085 Form of appeal from probate of will, 41.18 In Philadelphia upon appeal, record and testimony certi- fied shall be sent to orphans' court, 4124 Appeal must be filed, with register and security entered and record filed, 4125 Upon appeal, petition for citation must be pre- sented, 4126 1254 INDEX. (The references are to the Sections.) Probate — continued. In Philadelphia the form of issues devisavit vel non must be set forth in petition, 4127 Applications for issue must be put on a list — Judge of the orphans' court sits as examiner, 4128 How testimony is taken in Philadelphia on applica- tions for issues, 4129 Decision of the judge hearing testimony, exceptions, etc., 4130 Testimony taken by stenographer to be filed, 41 31 Probate of decedent's contract for sale of realty, 4668, 4669 See Issue, Nuncupative Will, Wills. Process. To be attested in name of president judge, 3801 Power to issue, 3802 May issue to another county against executors and others in certain cases, 3831 See Service, Writs. Production of Books, etc. Orphans' court and its auditors have power to examine parties, and the court has power to compel produc- tion of books, etc. — Accounts to be audited by court, 3869 Statutory power compelling the production of books, documents, etc., before the court or auditors appointed sur accounts of trustees, 4462 Production of Will. Citation — Penalty for neglect, 3981 See Register, Wills. Publication. See .'Vdvertisement. INDEX. 1255 (The references are to the Sections.) Purchase. " Heir " held to be a word of purchase, 3943 " Heirs of the body " held to be words of purchase, 3945 " Issue " held to be a word of purchase, 3947 " Children " held to be a'word of purchase, 3949 Words equivalent to " Heirs " held to be words of pur- chase, 3952 See Shelley's Case, Wills. Real Estate. When decree may be made for payment of money charged on real estate, 3864 Owner of real estate may pay charge thereon, when due, into court — Proceedings thereon, 3865 Court may decree payment of legacy charged or not charged on land, 3867 When decrees may be made for sale — Mortgage — Lease — Ground rentg, etc., 3873 Court to direct terms of sale — Purchase money to be a lien, 3874 When minor's vacant ground may be let on ground rent, 3875 Sale of real estate to pay balance due executor, 3877 Testamentary power of sale, 3878 Court nas power to set aside sale and to order re-sale under a testamentary power, 3879 Where the administrator purchases at his own sale and the rights of third parties have not intervened, sale may be set aside, 3880 Injury to real estate or matters connected therewith, orphans' court has no jurisdiction, 3894, 3895 Sales of real estate for payment of debts, 3904 The court has no jurisdiction to decree sale of real estate to satisfy widow's exemption, 390S Nor to order sale of real estate for payment of a judgment obtained on a legacy, the petition for sale showing no other liabilities, 3906 Nor to decree specific performance where the contract not completed, 3907 Hownvill concerning real estate may be revoked, 3971 1256 INDEX. (Th: references are to the Sections.) Real Estate — continued. Will affecting real estate to be conclusive unless contested within five years from date of probate, 3988 Administrator with will annexed to give security for pro- ceeds of sales of realty, 4094 If unseated land be sold for taxes' and bond be given for surplus, executors or administrators may collect, pay into court — Distribution, appeal, etc., 4165 Although the teste of execution be before death of defend- ant, a scire facias must issue, ■ 4166 Where real or personal property shall be sold on execution for more than the record liens, the surplus shall be paid to executor or administra- tor, upon giving security, 4166 Proceeds of realty to be distributed as the realty would be, 4166 Form of petition by administrator for order to pay him balance of proceeds of realty, etc., 4167 Powers of administrator as to realty limited, 4169 Sale of real estate for payment of debts, 4169 Sale of real estate under power in will — ^Who may exer- cise it, 4170 All trust moneys may be invested in ground rents or other real estate by leave of court, 4173 Form of petition to invest in real estate, 4174 Form of reference to examiner and master of petition to invest, 4175 Proceedings before examiner and master, 4176 Form of report by examiner and master, 4177 A creditor wishing to charge realty with payment of his claim must make widow, heirs, devisees, guardians, parties, 4201 If they are non-residents, court is to direct manner of service — Debt shall not be paid out of the estates of those not served (Brews. Prac, §256), 4201 Lien of decedent's debts on realty limited to two years after death, unless suit prosecuted within that period, 42 11 INDEX. 1257 (The references are to the Sections.) Real Estate — continued. If debt not payable, copy or statement must be filed within two years, etc., 4211 When sureties liable for proceeds of realty, 4221 When sale of real estate under power in will brings less than full value, 4268 Confirmation of sale of real estate conclusive — It cannot be attacked on audit, 4268 When mortgage or repairs to real estate paid out of rents, they must not be included in personalty, 4275 Where real estate sold under order for distribution before five years, 4324 Administrators may apply proceeds for debts, 4324 If distributees object, debts not to be paid unless real estate legally liable, 4324 See Sales. Real estate of minor may be sold or mortgaged for main- tenance, etc., 4404 For improvement and benefit of estate, when it is unproductive, 4404 When a sale is for the minor's interest, etc., 4404 How order is to be made, if land be in another county, 4405 What must be done to obtain the order, 4406 Court may refer petition to sell minor's real estate to auditors, 4407 Sale of minor's land for interest of minor, 4408 Sale of minor's estate in remainder, 4409 Sale of estates in trust, 4410 How these sales to be effected, 44 11 Notice of petition for sale, 4412 Requisites of petition for sale of land, " 4413 Bond to be entered before sale confirmed, 4414 Letting the estate of minors on ground rents and extin- guishment of same, etc., 4415 When orphans' court may authorize guardian to let on ground rent, 4415 No covenant to be construed a perpetual ground rent, 4416 How ground rent extinguished when it is vested in a minor, 4417 1258 INDEX. (The references are to the Sections.) Real Estate — continued. Personal property may be applied to improvement of realty, 4466 Collection of legacies charged on land and discharge of real estate from annuities and legacies, 4635 How legacy charged on land collected, 4635 How payment of legacy charged on land enforced if the real estate charged be in another county, 4636 Legatee named in preceding section shall give security, 4637 Discharge of parts of a residuary estate not required for payment of annuities and legacies charged thereon, 4638 Provisions of the act of February 23, 1853, 4638 Requisites of petition to discharge residuary real estate from annuities, 4639 Proceedings subsequent to petition, 4640 Real estate, securities, etc., set apart by the court shall continue with the executors, etc., to whom it was devised, subject to annuities and legacies, 4641 Trustee to report to court every year, 4641 Any considerable surplus to be paid to residuary legatee or to be invested, 4641 When charge or annuity extinguished, court may, from time to time, exonerate, etc., 4642 No rights in the residuary estate shall be affected, 4643 Devisee or owner of land claiming through him may pay amount of legacy into court, and land may then be discharged from lien of legacy, 4644 Fund to be distributed as in cases of proceeds from sherifTs sales, 4645 Jurisdiction of orphans' court under act of 1834 exclu- sive, 4646 Attaches when testator's heirs entitled to legacy charged, 4646 Express words or necessary inference required to charge realty, 4647 Blending realty and personalty in^ general residuary clause constructively charges legacies on the real estate, 4648 Personalty is primary fund for payment of legacies, 4649 If insufficient, realty liable in certain cases, 4649 When personalty sufficiei.t but misapplied, 4649 INDEX. 1259 tThe references are to Ihe Sections.) Real Estate — continued. Realty specifically devised not liable, 4649 Where personalty sufficient, charging real estate not enough, in absence of intention to exonerate person- alty, to authorize collection of legacy from real estate, 4650 When legacies held to be charged on land, 4651 Liens thereof superior to judgments subsequently entered against devisee, 4651 When legacies held not to be charges. upon land, 4652 Acceptance of realty charged creates personal liability upon devisee and his alienee— Statute of limitations, 4653 Petition for payment of legacy charged on land — Practice — Prayer and decree, 4654 Legatees should petition — Executors should defend, 4655 Form of petition for payment of legacy charged on land, 4656 Final decree, 4657 The decree charging the legacy cannot be attacked on distribution of proceeds of sale, 4658 Court may dismiss petition and at same time decree legacy to proper party, 4^59 Discharge of the lien of legacy charged on the land — Sheriff's sale, 4660 Sale under power in will of devisee, 4660 Sale under Price act, 4660 Foreclosure under purchase-money mortgage to devisee, 4660 Where several legacies on same land and proceeds realized by sale to pay one are insufficient to dis- charge all, fund to be distributed /r^ rata, 4661 Form of release of legacy charged on land, 4662 Execution of release of legacy charged on land — Record- ing — Certified copies, 4663 Proportionate part of legacy chargeable to one of several devisees, 4664 When life estate liable to charge and remainder exempt, 4665 When legacy charged on land abates, 4666 Proceedings to satisfy dower, legacy or other charges upon land, where the same have been paid or pre- I260 INDKX. (The references are to ihe Sections.) Real Estate — continued. sumed to be paid, and no entry of satisfaction appears, 4667 Sales of real estate of decedent, 4667 Where a contract of sale has been made in the lifetime of the owner, 4667 Holder of decedent's contract for sale of realty shall, before suit brought, prove the same, 4668 Probate to be recorded, 4668 Executors or administrators may petition, 4668 When and how court may decree, 4668 Effect of deed, 4668 Executors or administrators may prove decedent's coun- terpart of contract for payment of consideration for lands and they may petition the court, 4669 No deed shall discharge lien of purchase money until it be paid or secured, 4669 The plaintiff is not entitled to damages or costs for non- performance, 4669 Executor of an executor and administrator de bonis iwn may convey lands under act of 1792, 4670 A commission may issue to examine witnesses, 4670 Parol contract may be proved in certain cases, 4670 What petition to set forth — Notice, decree, recording, 4670 In parol contracts executors and administrators shall have the remedy provided by act of March 31, 1792, 4671 Common pleas may order a co-executor or co-adminis- trator to convey to his colleague, 4671 Power conferred on orphans' court to decree specific performance, 4672 Parol contracts, 4672 Decree of orphans' court may be recorded, 4672 Duty of executor to convey, 4672 When executor is purchaser, co-executor or sheriff con- veys, 4672 Where one of two vendors dies, 4672 Jurisdiction of common pleas in cases of contracts for sale of lands, 4673 The jurisdiction of the orphans' court, 4674 INDEX. 1 261 (The references are to the Sections.) Real Estate — continued. Practice as to contracts for sale of land — Requisites of the petition, 4675 Form of petition to enforce performance of a written contract made with a decedent in his lifetime, 4676 Petition should aver petitioner's performance, 4677 Possession by vendee, 4678 Performance by him, 4678 Improvements, etc., authorizing decree on a parol con- tract, 4678 When orphans' court remedy exclusive under contract of sale, 4679 Unnecessary delay bars the claim — Ejectment will not lie, 4680 AVhen the proceeding must be in common pleas, 4681 Who to be made parties, 4682 Power of sale in will, 4683 Surviving executor may sue, may convey, etc., 4683 When acting executor may sell and manage real estate, 4684 When administrator c. t. a. may sell realty and act, 4685 When administrators and remaining executors may sell realty, execute trusts of will, etc., 4686 All powers, etc., as to realty in any will not given to any person, shall be exercised by executors under direc- tion of orphans' court, 4687 A naked authority to executors to sell real estate shall give power to sell, and remedy by entry, as if the land had been devised to them to be sold, saving testator's right to direct otherwise, 4688 Power of surviving executor and of acting executor over realty, etc., 4689 Powers and liabilities of administrators c. t. a. as to sale of real estate, 4690 Acts of administrator in good faith not to be impeached by establishment of a will, 4691 When an executor or administrator of a deceased creditor cap sustain ejectment for purchase money, 4692 Executor or trustee with power to convey, may do so by attorney, but no trustee shall delegate the discretion for general management of estate, 4693 1262 INDEX. (The references are to the Sections.) Real £state — continued. When testator directs real estate to be appraised and sold, or devises it to any person at an appraisement, and has not directed how appraisement is to be made, any party in interest may apply to orphans' court, 4694 On presentation of petition, orphans' court may appoint three appraisers, unless the will designates a differ- ent number, 4^95 Inquest to sheriff — Notice to all parties as in partition, etc., 4695 Appraisement to be returned, confirmed, and shall be con- clusiv^e unless appeal entered within three months, 4696 On confirmation of appraisement, estate to be adjudged as directed by will, 4697 If all neglect to take, then it shall be disposed of as pro- vided by the will, 4697 Oath of the appraisers of real estate, 4698 Fees of sheriff and appraisers, 4699 Where there is a ground rent or a mortgage or judgment, 4699 Sale of real estate where the personalty is insufficient for the payment of debts, 4699 Sale of real estate where the interests of minors or cestuis que trustent will be promoted, 4699 Proceedings where the real estate lies in the same or in different counties, 4700 Court may refer applications for sale or mortgage to a master, 4701 When personal estate insufficient, real estate may be sold for payment of debts, 4702 Before sale or mortgage of real estate inventory and bond to be filed, 4703 Rules of the orphans' court of Philadelphia as to petitions for the sale or mortgage of real estate of a decedent for the payment of debts, 4704 Petitions for the sale of real estate in other cases, 4704 Proceedings to mortgage real estate for the payment of debts should be by petition, etc. , 4704 By act of 181 1 sales for payment of debts were to be held after final settlement of administration account, 4705 INDEX. ] 263 {The references are to the Sections.) Real Estate — continued. Application for sale may be made by the administrator at any time subsequent to the decedent's death, 4705 Where the administrator has no funds to pay expenses he need not apply for the order to sell, unless the costs be advanced by creditors, 4705 When interest on debt stops, , 4705 When rent goes to heirs, 4705 When burial lot can be sold, 4705 Purchaser's title cannot be attacked collaterally, 4705 Requirements of petition to sell for payment of debts, 4706 Form of petition to sell real estate and of decree where personal property insufficient to pay debts, 4707 When debts disputed, proof required before sale ordered, 4708 Guardians of minors shall be heard in opposition to order of sale for payment of debts disputed, 4708 When sale or mortgage for payment of debts will be granted, 4709 If there be a lien upon the real estate, 47°9 Administration expenses will warrant a sale, 47°9 Where there was a judgment and levy thereunder, 4709 Where proceedings pending for foreclosure of a mort- gage, 4709 Who may present petition, 4709 When court will order land to be mortgaged, 4709 Notice of proceedings not necessary, 47°9 When sale or mortgage for payment of debts will be refused, 47 1° Refunding bond to be given by distributee upon distribu- tion of proceeds of real estate, 47 1 1 Share of tenant for life to be charged on land in sales under proceedings in partition, 4712 When land sold for payment of debts, life tenant to give security before payment to him, 4712 Upon failure to give refunding bond, money to be put out at interest, 47^3 In case of execution against decedent's real estate, if per- sonal estate insufficient, execution to be stayed until application made for sale of real estate, 47^4 1264 INDEX. (The references are to the Sections.) Real Estate — continued. In such case, court may compel application to be made, 4715 Sale authorized for payment of debts, though land lies, in different counties, 4716 Where sales of real estate authorized in other cases, 4717 Upon application for sale, day to be fixed and parties notified, 4718 How notice to be given, 4719 Requisites of petition for sale, 4720 Guardians a^ /«/ 3791 How to be attested, 3801 When testimony of orphans' courts records may be per- petuated, * 3842 Orphans' courts have the jurisdiction of a court of chan- cery for the perpetuation of testimony in cases of lost or destroyed records, 3842 INDEX. 1269 {The references are to the Sections.! Referee. Hearing in equity cases shall be before a (page 1037). Proceedings and practice before (page 1037). Fees of (page 1040). Reference. Reference clause in will, 3967 Form of reference to examiner and master of petition to invest, 4175 See Auditors, Examiner, Master. Refunding Bond. Letters granted under act June 24, 1885, may be revoked — Widow and next of kin must refund, 4081 No suit for legacy until after demand, and no execution shall issue until refunding bond filed, 4197 When executors, administrators and guardians may require refunding bonds, 4332 When a feme covert ward may give refunding bond, 4332 Married woman may give refunding bond, 4333 Administrators, in making distribution, must take refund- ing bonds, 4333 Refunding bonds to be given by distributees upon distri- bution of estate of decedent presumed to be dead by seven years' absence, 4334 Condition of the refunding bond — If it cannot be given, the fund to be invested, etc., 4335 Interest to be paid to party entitled, 4335 Form of refunding bond, 433^ No action to be brought on refunding bond after five years, 4337 Exceptions in favor of persons under disabilities, cred- itors, etc., 4337 When executor, administrator or guardian required to give a refunding bond, he may in turn demand indemnity when he pays over, 3744 When the ward is a married woman of age, she may give refunding bond to guardian, 4437 1270 INDEX. (The references are to the Sections.) Refunding Bond — continued. Refunding bond to be given by distributee upon distri- bution of proceeds of real estate, 47 11 Upon failure to give refunding bond, money to remain at interest, ■ 47^3 Refunding bonds required in the distribution of the pro- ceeds of a partition sale, 4912 Administrators acting as trustees are not required to take refunding bonds upon distribution, 4912 Refunding Receipt. When trustee entitled to be protected before paying fund, 4449 Register. Register of wills to be clerk of orphans' court, 3780 In every county of less than 150,000 inhabitants, the register of wills shall be clerk of the orphans' court when established, 3788 And subject to its directions, 3788 Register may, with approval of court, appoint an assist- ant, 3788 Salary of assistant, two thousand dollars, 3788 How salary paid, 3788 In Philadelphia, Allegheny and Luzerne, register of wills shall be clerk of court and subject to its directions, 3790 With approval of court he may appoint not exceed- ing three assistants in Philadelphia, 379° Not exceeding two assistants in Allegheny, 3790 And one assistant in Luzerne, 3790 In any county whose population exceeds 150,000, and in which separate orphans' court exists, the register shall be clerk of the orphans' court, 3 7 90 With consent of court he may appoint assistant clerks, 379° They shall receive annual salaries payable monthly, 3790 First assistant, two thousand dollars, 3790 Second assistant, eighteen hundrel dollars, 3790 Third assistant, twelve hundred dollars, 379° All other assistants, one thousand dollars, 379° INDEX. I 27 I (The references are to the Sections.) Register — continued. Register may cite party in possession of will to produce same, 3981 Register may cite witness to prove execution of will, 3982 Register may issue commission to take depositions of witnesses, 3983 Will conclusive as to realty, unless appealed from in five years, . 3988 Will conclusive as to personalty, unless decree of regis- ter appealed from in three years, 39^9 Register's discretion — He cannot grant double letters, 4058 Residuary legatee — When register will appoint nominee of a party in interest, 4oS9 When the register may grant letters pendente lite, 4° 7 5 Decree of the register cannot be attacked collaterally, 4108 When letters of administration may be revoked, 4109 How letters may be revoked, 4110 Form of petition to revoke letters, 41 11 General form of citation, 41 12 Service of citation, 4113 On return of citation, 41 14 Power of register to revoke, 41 15 Appeals from decisions of registers, 4116 Testimony to be taken in writing — Appellate court may reverse, affirm, modify, etc., 41 17 Form of appeal from probate of will, 41 18 Forms of appeals in other cases, 41 19 No caveat or appeal to be entertained unless security entered within ten days — Bond to remain on file with register (Brews. Prac, §2626), 4120 If no security entered, caveat or appeal to be dismissed (Brews. Prac, §2626), 4121 In cases of appeal from register, court may fix amount of costs and by whom to be paid — Process upon the bond (Brews, Prac, §2627), 4122 All register's decrees as to costs shall be subject to appeal to orphans' court (Brews. Prac, §2628), 4123 In Philadelphia upon appeal, record and testimony cer- tified shall be sent to orphans' court, .4124 1272 INDEX. (The references are to the Sections.) Register — continued. Appeal must be filed with register and security entered and record filed, 4125 Upon appeal, petition for citation must be presented, 4126 Form of issue devisavit vel non must be set forth in petition, 4127 Appraisement to be filed with register, 4148 Appraiser's fee, one dollar per day, 4149 Form of inventory and appraisement, 4150 On failure to file inventory and appraisement, citation may issue, 41 51 Form of citation to compel filing of inventory, 4iS3 Register to record and index inventory — Exemplification to be evidence, 4154 Certified copies of accounts to be sent by register to orphans' court — Notice to be given, 4244 Accounts to be vouched, 4252 Register to appoint appraiser to value estates subject to collateral inheritance tax, 4549 Monthly returns to be made by register to auditor-gen- eral, 4552 When tax unpaid, register to apply to orphans' court, 4553 When register to employ attorney to collect, 4555 Register to be agent of commonwealth in collection of tax fees, 4556, 4561 Register to give bond, 4557 Until bond filed, 45 5 8 Register to make return of tax paid, 4559 Decree of register probating a will both as to personalty and realty cannot be collaterally attacked, 49^7 Decree of register refusing to probate a will cannot be collaterally attacked, 4967 Separate orphans' courts shall establish register's fee bill, 4974 Fee bill of register of wills of Philadelphia, 4975 Dockets of registers and of clerks of orphans' courts, 4976 How: register may ccllect his costs, 497^ Register's Courts. Abolished, 3781 INDEX. 1273 (The references are to the Sections.) Release. Power of executor or administrator to release claim, 41 71 By one executor binding on co-executors, 4187 Release executed by ward to guardian — Effect of, 4426, 4433 Payment to one trustee discharges the debt, 4459 Release of a trustee by cestu que trust — When binding, 4460 Form of release of legacy charged on land, 4662 Execution of release of legacy charged on land — Record- ing — Certified copies, 4663 Religious Associations. Real estate held for or owned by, may be sold, mort- gaged, leased or conveyed on ground rent, 3873, 4750 Courts may order private sale of real estate by trustees of religious societies to corporations for cemeteries, etc., 4773 Remainders. Whenever limited on real estate, court may decree sale, mortgage, lease or conveyance on ground rent, 3873> 4705 When appointment of trustee will be made with reference to protection of contingent remainders, 4444 Contingent remainderman may cite trustee to account, 4488 Remainders contingent and vested liable to collateral inheritance tax, 4562 Proceedings to bar an entail or defeat a contingent remain- der under Price act, 4784, 4954 Petition for sales under the Price act in cases of contin- gent remainders, 4787 Removal. Death, resignation, removal of executor or testamentary trustee shall not abate suit — His successor to be sub- stituted, etc.. (Brews. Prac, §2387), 4213, 4214 Unincorporated societies may remove trustees at pleasure, 4444, 4485 Notice must be given by citation, etc., for removal of trustee, 4444, 4485 Incompatibility which may produce injury is ground for removal, 4444) 4485 12 74 INDEX. (The references are to the Sections.) Removal — continued. A donor cannot be removed from his own trust, 4444 Only the cestuis que irustent of the life estate, or a major- ity of them, can appoint new trustees, 4444 Under the act of April 9, 1868, the court has a discretion — It is not bound to remove on request and without sufficient reasons assigned, 4444 When court may remove acting trustee and appoint one selected by cestui que trust, 4474 Where surety discharged, trustee maybe removed, unless he give new bonds, etc. , 4481 Two trustees cannot be removed on complaint against one, 4485 Insufficient grounds of removal, 4485 Want of notice of appointment ground for removal, 4485 Failing to enter required security ground for removal, 4485 Removal of executors, administrators, guardians and trustees for waste and mismanagement, 4508, 4515, 4518, 4519 Removal upon refusal to give additional security — Letters to be vacated and new letters granted, 4509, 4529 Upon refusal to comply with order of court, proceedings to be had against the superseded executor, adminis- trator or guardian, for assets in his hands, 4510 Removal of an executrix married or about to be married to protect minor's interest, 4511, 4512, 4518 Removal from state, letters to be vacated, 45i3> 45^8 Removal for lunacy, drunkenness, • 4516, 4518 Removal for incompetency arising from sickness, 4517, 4518 Surety of any trustee may compel statement of invest- ments, and if proper grounds therefor, trustee may be removed, 4520 A new guardian, or trustee, or committee appointed in place of predecessor removed, 4529 Order to deliver assets may be made, 452 9 But account must be first filed and audited, 4523, 4529 A decree for the removal of an executor conclusive, 4967 See Ab.ministrators, Discharge, Dismissal, Exec- utors, Guardians, Trusts and Trustees, INDEX. 1275 (The references are to the Sections.) Rents. Orphans' court has no jurisdiction to enforce payment of rents of real estate, 3902 Rents due to a tenant for life shall be vested in his exec- utor or administrator, 4^39 Rents due to any tenant shall be put in inventory, 4140 Executor has no power to collect rents, etc., 4169 Executor or administrator may sue for rent due decedent at his death and distrain, etc., 4191 Executor or administrator of a tenant for life may sue under-tenant for whole or proportion of rent, 4192 Executor must not include rents in his account, 4226 Answer that assets received were rents, etc., insufficient, 4240 When mortgage or repairs to real estate paid out of rents, they must not be included in personalty, 4275 Rent not exceeding one year a preferred debt, 4323 Trustee is liable for highest rent if he occupy property belonging to the trust, 4449 No commissions allowed to administrator for collecting rents, 445 6 Save on evidence of peculiar difficulty, a trustee will not be allowed compensation for collecting rents in addition to his regular commission, 4458 Rent accruing after final confirmation of sale and execu- tion of deed, goes to heirs, 4705 See Real Estate. Renunciation. Renunciation, manner of, 403S Form of renunciation as executor, 4°36 Form of renunciation as administrator, 4037 When executor has acted, he can only renounce by per- mission of court, 4038 Where there is a will, no executor named, or where exec- utor renounces, 4°4i Renunciation by widow — Who entitled to letters, 4055 Renunciation of executor, etc. , shall not abate suit, etc. — How to proceed (Brews. Prac, §2386), 4215 1276 INDEX. (The references are to the Sections.) Renunciation — continued. Executor may renounce as trustee and retain executor- sjiip, 4469 Executor may not renounce executorship and keep the trust, 4469 Trustee after accepting trust, cannot renounce, 4490 If one of two trustees renounce, the duties devolve on the survivor, 4490 See Administrators, Executors, Guardians, Trusts and Trustees. Resignation. Death, resignation, removal of executor or testamentary trustee, shall not abate suit — His successor to be sub- stituted, etc. (Brews. Prac, §2387), 4213, 4214 Death, dismissal, resignation, renunciation of executors or administrators, revocation of their letters, etc., shall not abate suit, etc. — How it shall proceed (Brews. Prac, §2386), 4215 When a trustee may resign, 4444 See Administrators, Executors, Guardians, Trusts and Trustees. Restitution. In sequestration proceedings, 3828 Return. Return of citation — When, 3807 Return to citation, when it must be under oath, 381 1 Return to citation must state manner of service, 38 11 Return to writ of sequestration, 3827, 4999 Return to service of copy of petition, 3837 Return to service of citation — When letters revoked, 41 14 Return of service of citation to file account, 4238 Return to order to file account, 4242 Return to order to pay, 4343) 499i When sheriff shall make special return if lien creditor purchase, 4743 INDEX. 1277 (The references are to the Sections.) Return — con ti n ued . Return to citation in proceedings under Price act, 4783 Return to citation against non-residents in partition suits, 4816, 4817,. Forms of return to citation in partition proceedings, 4817 Form of return to alias citation and order of publication, 4817 Return to inquest should show how land appraised and should describe each purpart, 4824 Forms of return to order of sale, 4910 Return in proceedings upon sci. fa., 4947 See Citation, Execution, Real Estate, Sales, Service, Writs. Return Days. Return days and rules, 3800 Court may sit, etc., 3800 Review- See Bill of Review. Revocation. When a will is discovered subsequent to grant of letters, proper practice is to apply to register to revoke letters, 3912 When letters cannot be revoked without consent of exec- utor, unless he refuse to enter security as decreed, or has been declared a lunatic, or habitual drunkard, 3913 How will concerning real estate may be revoked, 397 1 How will as to personalty may be revoked, 3972 When letters revoked it must be for cause, 4058 Revocation of letters, upon proof that supposed decedent is alive, under act of June 24, 1885, 4081 Costs attending the issue of letters and their revocation, under act of June 24, 1885, 4082 Petition to revoke letters — When to be presented, 4090 When register requires additional security and adminis- trator fails to give it, his letters may be revoked, 4100 When letters may be revoked, 4109. 4iiS How letters revoked, 41 10 Petition for revocation of letters, 41 10 Citation must issue and be served, 41 10 1278 INDEX. (The references are to the Sections.) Revocation — continued. Form of petition to revoke letters, 41 11 Answer to petition, 41 14 J Appeal from decision of register, 4114. 4116, 4117 Proceedings on appeal (/if Wf^z/iP, 41 16 After revocation of letters, as to proceedings by and against supposed decedent, as to prosecuting and defending suits, opening judgments, lien of judg- ment, etc., 4162 Death, dismissal, resignation, renunciation of executors or administrators, revocation of their letters, etc., shall not abate suit, etc. — How it shall proceed (Brews. Prac, §2386), 4215 Want of notice to cestui que trust is ground of revocation of appointment of trustee, 4444 Register may revoke letters in cases of insanity, or habit- ual drunkenness, 45^3 Or in cases where fraud has been practiced in securing the letters, 4523 Bona fide orphans' court sales shall not be affected by subsequent revocation of letters, 4724, 4901 See Administrators, Executors, Letters. Rooms. Commissioners to provide rooms for courts and records, 3791 Rule in Shelley's Case. See Shelley's Case. Rules. Power to make, 3797; 3800, 3803 Return days and rules, 3800 Courts may establish rules, 3803 May regulate advertisements, notices, costs, etc., 3804 All applications shall be by petition, verified by affi- davit, 3837 A copy of the petition or application shall be served with the citation or rule, 3837 Proof of the service of copy shall be made upon return of the citation or rule, 3837 INDEX. 1279 (The references are to the Sections.) Rules — continued. A copy of the answer, demurrer or replication shall be served upon the opposite counsel, 3837 The court may, upon proper cause, dispense with the ser- vice of the petition, 3837 If defendant shall not appear, the court, after the expira- tion of ten days from service, may order the petition to be taken as confessed, 3837 Proceedings shall be by petition, answer, replication, etc., 3837 Rules of equity practice of the supreme court so far as applicable adopted to regulate proceedings, 3837 Petitions and other pleadings not required to be printed, except petitions for injunctions and for review, 3837 In all ex parte proceedings the decree or order shall be prepared by counsel, 3837 To adopt rules of practice, 3843 Rules of the orphans' court of Philadelphia as to accounts, 4227 Accounts and audits, 4246 Philadelphia court rules as to auditors — Application — Notice — Report, 4250 As to audit — Times of, 4251 Evidence must be shown at audit as to cash and investments, 42 S i Copy of inventory must also be shown, 4251 Accounts to be vouched, 4252 Statement or petition to be presented at audit, 4253 Rule as to surcharging an accountant with interest, 4291 Philadelphia rules as to fiHng exceptions to adjudication, 4309 Must be filed and copy sent to the judge, 43°9 The argument upon such exceptions heard on the argument list, 4309 If exceptions not filed within time limited, adjudica- tion will become absolute, 4309 Where accountant is expectant, exceptions must be accompanied by affidavit that they are not intended for delay, 43°9 Partial confirmation of adjudication, 43°9 What agreements for confirmation must contain, 4309 I28o INDEX. (The references are to the Sections.) Rules — continued. Under the Philadelphia rules an auditor must notify all parties ten days before filing report, 4313 Exceptions must be filed with auditor, 4313 Auditor must then re-examine report, 4313 Auditor's report to be filed, 4313 If no exceptions, when report absolutely confirmed, 4313 Philadelphia rule as to exceptions, 4314 If no exceptions are filed to adjudication, 4314 If exceptions be filed the case goes on the argument list, 4314 No case will be placed on the argument list within five days without a special order 4314 Paper books sur exceptions to adjudication, 43^5 Paper books j«/- exceptions to auditor's report, 4316 As to appointment of guardian — Requisites of petition, 4371 Rules of the orphans' court of Philadelphia as to dis- charge of executors, administrators, guardians and trustees, 45° 3 Rules of orphans' court of Philadelphia as to private sales for payment of debts, 4747 Philadelphia court rule as to petitions for sale of real estate, 4784 Philadelphia rule as to setting forth all names in partition proceedings, 4814 Philadelphia rule as to the order of sale noticing the widow's share, 4894 Rule of the orphans' court of Philadelphia as to appraise- ments under claim of exemption law, 4594 Philadelphia rule as to affidavits of defense by executors, administrators, guardians, committees, 493^ Sailors. Provisions of the civil code as to wills of seamen, 4022 See Mariner, Seamen. Salary. In Philadelphia, Allegheny and Luzerne orphans' courts salary of first assistant clerk, eighteen hundred dollars, 379° INDEX. 1 281 (The references are to the Sections.) Salary — continued. Salary of second assistant, fifteen hundred dollars, 3790 All other assistants not exceeding twelve hundred dol- lars, 3790 How salaries paid, 3790 In counties ^here population exceeds 150,000, salary of first assistant, two thousand dollars, 379° . Salary of second assistant, eighteen hundred dollars, 3790 Salary of third assistant, twelve hundred dollars, 3790 All other assistants, one thousand dollars, 379° How these salaries paid, 379 Sales. Notice of — by advertisement, 3840 Sale of real estate of decedent — Jurisdiction over, 3839 When decrees may be made for sale — Mortgage — Lease — Ground rent, etc., 3873 Court to direct terms of sale — Purchase money to be a lien, 3874 Sale of real estate to pay balance due executor, 3877 Court has jurisdiction to control a testamentary power of sale, 3878 The court may set aside sale and order a re-sale of real estate made under a testamentary power, 3879 To vacate sale upon gross mistake being shown, 3879 Where the administrator purchases at his own sale and the rights of third parties have not intervened, the sale may be set aside, 3880 The court has no jurisdiction to decree sale for payment of debts when intestate does not die seized, 3903 Nor to decree sale of real estate to satisfy widow's exemp- tion, _ 39°S Nor to set aside sale by trustee for heirs, 3926 Charities may purchase at judicial sales when interested, 3932 Inventory of goods sold at public sale to be filed, 4142 When real estate sold for payment of debts, 4169 Sale of real estate under power in will — Who may exer- cise it,- 4170 1282 INDEX. (The references are to the Sections.) Sales — continued. Executors may bid in land sold under their testator's judgment, 41 7 1 Rights of a lien creditor where the personalty is insuffi- cient to pay debts, 4201 Real estate of minor may be sold or mortgaged for main- tenance, etc., 44°4 For improvement and benefit of estate when unproduc- tive, 4404 When a sale is for the minor's interest, 4404 How order to be .made if land in another county, 4405 What must be done to obtain order, 4406 Court may refer petition to sell minor's real estate to auditors 44° 7 Sale of minor's land for interest of minor, 4408 Sale of minor's estate in remainder, 4409 Sale of estate in trust, 44 1° How these sales to be effected, 441 1 Notice of petition for sale, 44^2 Requisites of petition for sale of land, 4413 Bond to be entered before sale confirmed, 44i4 Trustee cannot sell unless the deed confer a power, 4446 When trustee cannot purchase where he secures the sale, 4447 No trustee can purchase at his own sale, even through a third person, 4447 When profit arising from sale belongs to cestui que trust, 4447 If trustee purchase without previous leave, the sale will not be confirmed, 4447 A sale to trustee without previous leave is voidable, though confirmed, 4447 Though the order allow trustees to bid, they must account for profit if they buy with trust funds, 4447 Heirs and creditors may object to sale by trustee to him- self, but other bidders cannot, 4447 The executor of tenant in common can purchase the inter- est of the co-tenant, 4447 When an attorney may purchase, 4447 When a step-father may purchase, 4447 When a trustee can purchase at a master's sale, 4447 INDEX. 1283 (The references are to the Sections.) Sales — continued. When mortgagees, trustees for creditors may purchase, 4447 When executor may purchase from testamentary trustee, 4447 Trustee allowed to purchase at his own sale is held to uberrima fides, 444 7 When sale to wife of a trustee, 4449 If property be sold under order of court and purchased by wife of administrator, he is not responsible for the profit she makes, 4449 Trustees liable if they sell to a person of bad credit, 4449 A trustee is liable for profits made- by purchase at his own sale, 4449 A trustee is not liable for mere error of judgment in sale, 4450 Compensation but not a commission allowed for efforts to effect a sale, 4458 Sale by a trustee to his co-trustee, 4459 An administrator cannot purchase from his co-adminis- trator at an inadequate price, 4459 Such a sale cannot be impeached by one claiming under it, 4459 Where the power is discretionary a sale by one trustee upon the authority of his co-trustee is invalid, 4459 Cestui que trust my ratify a voidable sale, 4460 If an executor purcliEise land as trustee for the heirs and sell it, 4484 Purchase by an executor at his own sale is not ground for dismissal, 4523 As to sale of real estate under written or parol contract of decedent, 4667,4671 As to sale or mortgage of real estate for payment of debts, 4699- 4739 Return to order of sale — Confirmation, 4734 Postponement of sale, 4735 Insufficient bids, 4735 Rights of vendor and vendee between sale and confirma- tion, 4736 Orphans' court sales are within control of court, 4736 Setting aside sales, 4737 1284 INDEX. (The references are to the Sections.) Sales — continued. Private sales authorized, 4746, 4752, 4753, 4773 Philadelphia rules as to private sales, 4747 Executors and administrators in Philadelphia and Pitts- burgh holding public sale to proclaim names of their testates or intestates, 4748 , Private sales under order of court discharge decedent's • debts, except debts of record and mortgages, 47^9 Administrator, guardian, executor or trustee may bid at his own sale when duly authorized, 4775 Title of purchaser under sales in proceedings under Price act, 4788 Agreement between two lien creditors that one of them shall not bid is void, 4789 Lien of mortgages not discharged by judicial sale, 479° When sales under Price act may be set aside, 479° Sale of real estate in partition proceedings, 4890 Upon refusal of parties to take, court may grant order of sale, 4891, 4892 4895 Form of order of sale, 4893 Form of petition of trustee for leave to bid at sale, 4903 When re-sale may be ordered, 4904 Form of petition for re-sale, 4905 Form of decree setting aside sale, and Qrdering re-sale, 4907 Return to order of sale — Confirmation, 4910 Lien of decedent's debts discharged by sale for payment of debts, 4927 Effect of sale under testamentary power to pay debts, 4929 A decree confirming a sale for payment of debts con- clusive, 4967 A decree awarding an order of sale for payment of debts and provision for minors, 4967 A decree ordering a private sale conclusive, 4967 A decree confirming an orphans' court sale conclusive, 4967 See Legacies, Partition, Price Act, Real Estate. Satisfaction. Of lien of writ of sequestration, 3821 Of sequestration out of goods sequestered, 3828 INDEX. 1285 (The references are to the Sections.) Satisfaction — continued. When acknowledgement of satisfaction of recognizance to be entered, 4859 In default of acknowledgement of satisfaction, damages to be imposed, 4860 Proceedings to secure satisfaction of recognizance where recognizee dead or removed from state, etc., 4861 See Legacies, Liens, Partition. Sci. Fa. Foreign executor or administrator may issue sci. fas. sur judgment, but letters must be granted here before further proceeding, 4065 Sci. fas. against executors and administrators to make them parties to pending suits, 4158, 4160 Administrators de bonis non may sue, may prosecute writs of error, sci. fas., f. fas., etc., 41 61 Although the feste of execution be before death of defend- ant, a scire facias must issue, 4166 Where real or personal property shall be sold on exe- cution for more than the record liens, the surplus shall be paid to executor or administrator upon giving security, 4166 Proceeds of realty to be distributed as the realty would be, 4166 Power of foreign executors as to sci. fas., 4186 When executor or administrator of a deceased plaintiff or defendant resides out of the county, sci. fa. may be served by sheriff of county where he resides (Brews. Prac, §2263), 4199 If this not practicable, or if he reside out of the state, court may order publication, etc. (Brews. Prac, §2263), 4199 Where a legatee or creditor is interested in preserving the lien of a judgment held by the decedent against the executor, he may suggest his interest, issue sci. fa., etc., 42°° Sci. fa. issued in county of administration continues lien throughout state, 49^6 1286 '" INDEX. (The references are to the Sections.) Sci. Fa. — continued. Real estate acquired by.defendant between judgment and death not liable without sci. fa. against heirs, 4926 Where lien continued if sci. fa. issued and served on ierre tenant, 4926 Although judgment not revived by sci. fa. within five years, it continues a lien against the debtor's lands in the hands of heirs and devisees, 4926 In suits to preserve lien of decedent's debts, when a sci. fa. must issue to bring in widow and heirs, 493i> 4932. 4933 In suits to preserve lien of decedent's debts, when a sci. fa. must issue to bring in devisee, 493i) 4932, 4933 In suits to preserve lien of decedent's debts, when sci. fa. must issue to bring in alienee, 4933 In revival of a judgment against joint defendants, sci. fa. must issue against survivors, where one is dead, and the personal representatives of deceased defendant, 4935 In suits to preserve lien of decedent's debts, when a sci. fa. must issue to bring in personal representatives, 4942, 4943 Proceedings upon sci. fa. and return, 4947 Decree cannot be revived by sci. fa. from orphans' court, 4962, 5016 Certified transcripts of amounts due by executor, admin- istrator, guardian or other accountant to be filed in common pleas, S016, 5017 Liens created thereby, ' 5017 Sci. fas. thereon must issue every five years, 4963, 5017 Provisions as to increase or reduction of the amount on appeal, 5017 Personal representatives of a deceased executor must be rnade parties to the sci. fa., 5022 Sci. fa. on the transcript, 5022 See Liens. SeaL Custodian of, 3789 Seal of the court, 3792 May be renewed if occasion require, 3792 INDEX. ^ 1287 (The references are to the Sections.) Seamen. Provisions of the civil code as to, 4022 See Mariner, Sailor. Securities. See Investment, Security. Security. When may be given to dissolve sequestration or attach- ment, 3824 When sheriff may require in executing a writ of seques- tration against trust property, 3825 When sequestration issues against a defendant in default, court may order satisfaction out ot goods seques- tered — Security to be given for restitution, etc., 3828 Security to be given when injunctions issue, 3871 Security can only be required from an executor after grant of letters, 3884 Letters not to be vacated except after notice, or refusal of administrator or executor to give security, etc., 3913 The court has no jurisdiction to enforce sureties' liability, 3919 Administrator, with will annexed, to give security for proceeds of sales of realty, 4094 Cost of obtaining security on administration bond and personal liability, 4098 An administration bond must be executed by two sureties, 4097 No name can be taken from the administration bond, 4097 Where bond insufficient, register may require additional security, if application be made in a year, 4099 Where bond given register insufficient, and no exception taken within a year, application to orphans' court for further security, 4100 Amount of bond may be fixed by agreement of all parties in interest on granting letters c. t. a., 4101 No caveat or appeal to be entertained unless security entered within ten days— Bond to remain on file with register (Brews. Prac, §2626), 4120 If no security entered, caveat or appeal to be dismissed (Brews. Prac, §2626), 4121 1288 INDEX. (The references are to the Sections.) Security — continued. In Philadelphia appeal must be filed with register, and security entered and record filed, 4125 Security in hands of and claimed by others should not be inventoried, 4143 Where real or personal property shall be sold on execu- tion for more than the record liens, the surplus shall be paid to executor or administrator, upon giving security, 4166 Executors and all trustees may petition for order to invest — Court may so order in United States, state or Philadelphia loans, in real securities or municipal investment, 41 73 Executors and all trustees may deposit bonds, etc., for safekeeping with real estate companies, 41 81 After one year executors shall, under direction of the court, pay legatees, etc., 4327 First deducting proper demands, 4327 Distribution of the residue — Security, etc., 43^7 Where personal property bequeathed for life or years, etc. , the executor not compelled to deliver it until secur- ity given to secure remainderman, 4329 Owner of contingent interest may require legatee to give security before receiving property, etc., 433° Where property bequeathed for life or on a contingency, executors, etc. , shall deliver it on security satisfac- tory to orphans' court, 433i Testamentary guardian may be required to enter security where ward's interests insecure, 437^ Court may appoint foreign guardian upon giving security, 4379 Security may be required from guardian ad litem, 4394 Court may require bond from guardian, 4397 Form and condition of bond, 4397 Bond cannot be cancelled until duties performed, 4397 No suit can be brought on bond until account settled, 4397 Upon sales of real estate, security to be entered, 4406 Bond to be entered before sale confirmed, 4414 INDEX. * 1289 (The references are to the Sections.) Security — continued. Upon extinguishing ground rents, executors, administra- tors, guardians and trustees'to enter security, etc., 4417 Unincorporated societies may request appointment with- out security, 4444 Giving additional security cannot be enforced by attach- ment, 4444 The power to require trustees to account, to give a new bond, etc., applies where an executor is trustee by virtue of his office, 4444 In cases of waste or mismanagement, executor, adminis- trator, guardian or trustee may be required to enter additional security, 4461, 4508, 4509, 4528 When new trustee will be required to enter security, 4461 When executrix married or about to become married, she may be required to enter security to protect minor's interests. 4511, 4512 Appropriating funds of the estate to his own use is ground for demanding security from executor, etc.. 4521 Additional security will not be required if existing bond ample, 4528 When security can be required from insolvent executor, 4530 Requiring additional security does not relieve original surety, 4531 When bond given, court cannot release sureties, 45 3 2 When legacies charged on land, legatee may give secur- ity, etc., 4637 Where the heirs of a decedent enter security for payment of debts, an order of sale will be rescinded, 4710 When land sold for payment of debts, life tenant to give security to protect those in remainder, 4712 When administrator fail to give security, deed to be made by clerk of court, 4728 Sales outside of Philadelphia may be made partly on credit — Security required, 4733 Security required from guardians in proceedings under Price act, 475 ^ In sales under Price act, trustee to give adequate security, 4752. 4755> 4759 1290 INDEX. (The references are to the Sections.) Security — continued. Security may be approved by the proper court in county where grantor resides, 4768 When security entered, irregularity in appointment shall not affect title, 4772 Security need not be given before decree made, if given before, 4788 Confirmation sufficient, 4789 Omission to enter security, 4789 When security may be entered nunc pro tunc, 4789 Security for costs, 4984, 4985 In attachment proceedings, when defendant may be required to enter security on continuance, 4993 See Bond, Recognizance. Sequestration. Sequestration — Attachment — Fi. fa. may be issued to enforce a decree, 3817 How sequestration or attachment to be executed, 3818 Form of sequestration, 3819, 4999 Sequestration not to abate by death, 3820, 4999 Duty of sheriff receiving sequestration, 3821, 4999 Lien of sequestration, 3821, 4999 Fi. fa.'' s to be executed by sheriff or coroner, 3822 When sequestration or attachment may issue in the first instance, 3823 When they may be dissolved, 3S24 When trust property may be taken possession of by sheriff, 3S25 When debts due to a trust — Stocks, etc., may be attached, 3825, 4999 When issues on final order for delivery of trust pro- perty, 3826, 4999 Return of writ — Decree of court, 3827, 4999 When sequestration issues against a defendant in default, court may order satisfaction out of goods sequestered — Security to be given for restitution, etc., 3828, 4999 INDEX. 1 291 (The references are to the Sections.) Sequestration — continued. When defendant in default may be admitted to a defence, 3829, 4999 If no petition presented on behalf of defendant, final order may be made on sequestration — Fi. fa., 3830 Fees and mileage, ,833 Orphans' court has power to settle the account of a guar- dian, and ward may compel payment by attach- ment or sequestration, 3846 Sequestration may issue to enforce order of Court to dis- missed executor, administrator or guardian to turn over assets, 4510 Sequestration — Power to issue, 4988 Writs must be directed to the sheriff, etc., 4995 Writ of sequestration — Its nature and effect, 4999 How it may be dissolved, 4999 Writ demandable of right, and may issue without notice, 4999 Sequestration against corporations, 4999 Sequestration of life estate, 4999 Lien creditor may apply for sequestration on or before return day of vend, ex., 4999 Form of petition for writ of sequestration after life estate levied upon hy fi. fa., when ven. ex. outstanding, 5000 Form of bond of sequestrator, 5001 See Execution. Service. Service of citation may be by party, agent, sheriff, etc., 3808 Service of citation to be personal or on member of family at last abode, 3809 When service may be made on surety, 3810 If citation served by party or agent, return must be under oath — Return must always state manner of service, 3811 On proof of service or of publication, court may proceed, 3814 Of attachment, 3818 Of sequestration, 3818 Oifi.fa., 3822 Service of notice to parties in interest in certain cases, 3835 Service of notice on minors and guardians ad litem, 3836 1292 INDEX. (The references are to the Sections.) Service — continued. Service of copy of petition, 3837 Service of demurrer, answer or replication, 3837 Service of copy of petition dispensed with in certain cases, 3837 Service of writs may be made on administrator upon exe- cution of his bond, 4099 Service of citation, 41 13 On return of citation, 41 14 Service of writs on surety of administrator, 4^93 Service of process outside of county in certain cases, 4193 Executors and all trustees residing out of the county where their accounts are to be settled may be sued in that county and service may be made outside the county or upon any surety, 4198 When executor or administrator reside out of county set. fa. may be served by sheriff of county where he resides, 4^99 If this not practicable, or if he reside out of state, court may order publication, 4^99 A creditor wishing to charge realty with payment of his claim, must make widow, heirs, devisees, guardians, parties (Brews. Prac, §256), 4201 If they are non-residents, court is to direct manner of service — Debt shall not be paid out of the estates of those not served (Brews. Prac, §256), 4201 Service of citation to compel filing of account, 4238 Return of service, 4238 Service of order to file account and return, 4242 Service of order to pay award, 4340, 4991 Return to order to pay, 4343, 4991 Service of writs upon guardians, ' 4391 Service of writs upon minors over fourteen, 4391 How process served on minor under fourteen, 4392 Guardians ad litem may be appointed when neces- sary, 4392 Service of process on non-resident trustees, 4463 Service of notice of filing of petition for private sale, 4747 INDEX. 1293 (The references are to the Sections.) Service — continued. Service of citation in proceedings under the Price act, 475i> 4783 Service of citation in partition proceedings, 4816 Service of citation on non-residents in partition suits, 4817 Service of rule to accept or refuse in partition suits, 4841 Service of rule in proceedings requiring payment of owelty, 4862 Service of citation sur petition for attachment, 4992 Service of attachment execution, 5°io See Citation, Process, Return, Writs. Settlements. By guardians with wards, 4426, 4956, 4982 Shelley's Case (Rule in). Comments on the rule in Shelley's case, 3940 History of, 39fJi Effect of the rule, 394i Distinction between deeds and wills, 3941 The word " heirs," 394 1 The words " heirs of the body," 3941 The word "issue," 394i The word "children," . 3941 The word " offspring," 394i Cases where the word "heirs" has been held to be a word of limitation, 3942 " Heir " held to be a word of purchase, 3943 " Heirs of the body " held to be words of limitation, 3944 " Heirs of the body ' ' held to be words of purchase, 3945 " Issue " held to be a word of limitation, 3946 " Issue " held to be a word of purchase, 3947 " Children " held to be a word of limitation, 3948 " Children " held to be a word of purchase, 3949 " Offspring " held to be a word of limitation, 3950 Words equivalent to "heirs " held to be words of limita- tion, 3951 Words equivalent to " heirs " held to be words of pur- chase, • 3952 1294 INDEX. (The references are to the Sections.) Shelley's Case (Rule in) — continued. To avoid the defeat of testator's intention, 3953 Form of devise avoiding the Rule, 39S4 Clauses as to definite and indefinite failure of issue, 3955 Sheriff. Duty of sheriff receiving sequestration, 3821 Lien of sequestration , 3821 Fi. fas. to be executed by sheriff or coroner, 3818, 3822 When attachment or sequestration may issue in the first instance, 3823 When they may be dissolved, 3824 When trust property may be taken possession of by sheriff, 3825 When debts due to a trust, stocks, etc., may be attached, 3825 Sheriff or coroner may demand security before executing writ attaching trust property, 3825 Fees and mileage, 3833 Sheriff's Sale. See Real Estate, Sales. Signature. Signature to will at the end thereof required, 3969 Signature to will may be by a mark, 397° Signature to will — When insufficient, 397° Signature to will — Omission does not constitute nuncupa- tive will, 3999 Signature of testator to olographe will, 4Cii, 4013 Signature of testator to olographe will must be at end, 4014 Signature of testator — 'Ys&X.&vn&Vi'i par acte public, 4018 Signature of testator — Testament mystique, 4020 See Civil Law, Code Civil, Wills. Soldier. Soldiers not affected by act of April 8, 1833, as to nun- cupative wills, 3992 When soldier cannot make nuncupative will, 4000 Wills of mihtary men under the code civil, 4021 INDEX. 1295 (The references are to the Sections.) Spanish Law. Spanish law as to wills, 4008 Specific Performance. Orphans' courts have jurisdiction for the specific execu- tion of contracts by decedents to sell real estate, 3839- 3892 When contract for specific performance of sale of realty enforceable in orphans' court, 3858 When parol contract enforceable in orphans' court, 3859 Decree for specific performance may be recorded — Effect thereof 3860 When executor or administrator to execute deed under contract of decedent, 3861 Where the grantee in the deed is executor or administra- tor, 3862 May be decreed where the will did not name the party to execute a power of sale and the executor sold without authority of court, 3878 The court has no jurisdiction to decree specific perform- ance where the contract not completed, 39°? No jurisdiction to decree against vendor for amount overpaid by purchaser, 39°8 Nor to rescind a decree of specific performance on petition of a stranger after six years, 39°9 When trustee can compel specific performance by cestui que trust, 444^ Statutory power to compel conveyance by trustees of the legal estate when the trust has been executed or has expired, 4462 When specific performance may be brought, 4667 Specific performance of decedent's contract for sale of realty — How enforced, 4668, 4669, 4670, 4671, 4672, 4673> 4674^ 4678, 4679. 4681 Power conferred on orphans' court to decree specific per- formance, 4672 Parol contracts, 4672 Decree of orphans' court may be recorded, 4672 Duty of executor to convey, 4672 1296 INDEX. (The references are to the Sections.) Specific Performance — continued. When executor is purchaser, co-executor or sheriff conve)B,4672 Where one of two vendors dies, 4672 Requisites of petition, 4674,4677 Notice must be given, 4674, 4971 Decree — Requisites of, 4674 Form of petition to enforce performance of a written contract made with decedent in his lifetime, 4676 Unnecessary delay bars claim, 4680 Who to be made parties, 4682 A decree for specific performance of a contract may be ' enforced by attachment, 4989 A decree of specific performance conclusive, 4967 Spendthrifts. Trusts for spendthrifts, designed to protect a cestui que trustlxovn extravagance, debts, creditors, etc. — Form,3958 Form of will authorizing trustees to carry on testator's business, creating spendthrift and other trusts, 3961 See Trusts and Trustees, Wills. Squaring and Adjusting. Lines between adjoining owners — Proceedings — Practice, 4756 See Price Act. Statute of Frauds. No executor or administrator liable upon a personal promise, nor any person liable upon agreement for another's default, unless in writing, signed, etc., 4222 The statute not to apply where consideration shall be less than twenty dollars, ■ 4223 Stay of Execution. See Execution. INDEX. 1297 (The references are to the Sections.) Stenographer. Testimony to be filed by, 3979 Shall attend hearings in contested will cases before register, 41 24 Testimony on appeal in contested will cases shall be taken and filed by, 41 31 When fees to be taxable as costs, 4982 In equity cases (page 1040). Subpoenas. To be attested, in the name of president judge, 3801 Courts may issue subpoenas into any county, 3805 Subpoenas in issues d. v. n., 3977 See Process, Writs. Substitution. Form of substitution of administrator or executor as plaintiff, 41 59 Form of substitution of administrator or executor as defendant, 4160 Substitution of supposed decedent after revocation of letters in all actions, etc., 4162 Suits. By or against executors and administrators — Powers, 4158, 4190 By administrator d. b. n. against his predecessor — How it may be stayed, etc. , 4161 After revocation of letters — Proceedings by and against the supposed decedent, 4162 Suit by administrator against his predecessor in office — When it may be maintained and how enforced, 4194 One administrator cannot maintain an action against co- administrator on the bond, 41 94 By legatee, 4i95 If the executor plead that he has not sufficient assets, no further proceedings shall be had in an action until an account shall be filed in the orphans' court — The court may order executor to proceed in the orphans' court, and such order may be enforced by attach- ment, 4202 1298 INDEX. (The references are to the Sections.) Suits — continued. If judgment be rendered against an executor, and he avers want of sufficient assets, the execution shall be stayed until an account shall be taken in orphans' court, etc., 4203 Omission of executor, etc., to plead he had fully admin- istered the estate, or any matter relative to the assets, shall not be deemed an admission of assets to satisfy the demand, 4204 If, by the account in orphans' court, it appear there are no assets, non-suit to be entered, 4205 In actions against executors, etc., costs discretionary, 4206 In suit against executor, etc. , of a deceased partner for a firm debt, it is not necessary to aver on record or to prove the surviving partner or partners is or are insolvent, 4207 Actions, abatement of, 4212, 4213, 4214, 4215, 4216, 4217, 4218 Actions on the administration bond, 4218, 4219, 4220, 4221 Suits on guardian's bond — Liability of sureties, 4436 Suits by administrator or guardian against his prede- cessor for assets, 45 lO) 4S35 Suit by widow against executor for not allowing her claim for exemption, 4613 Suits by executor under a power in a will to recover pos- session of realty, 4683 Suit on a recognizance given in a partition suit must be preceded by giving security against debts of dece- dent, 4855 An action of debt will not lie on a decree of the orphans' court, 4962 Suit by ward against guardian, due to default of guardian, imposes costs on guardian, 4982 Suit by cestui que trust against trustee, due to default of trustee, imposes costs on trustee, 4982 No action can be brought on a decree of the orphans' court, 4986 Actions of debt or sci. fa. may be brought on transcripts filed in the common pleas, 4986 INDEX. 1299 (The references are to the Sections.) Suits — continued. Action against a surety on a bond is in the common pleas, 4986 See Administrators, Executors, Guardians, Trusts AND Trustees. Surety. When sequestration issues against a defendant in default, court may order satisfaction out of goods seques- tered — Security to be given for restitution, etc., 3828 Security to be given when injunctions issue, _ 3871 Letters not to be vacated, except after notice or , refusal of administrator or executor to give security, etc., 3913 The court has no jurisdiction to enforce liability of surety, 3919 Administrator with will annexed to give security for process of sales of realty, 4094 An administration bond must be executed by two sureties, 4097 No name can be stricken from the administration bond, 4097 Cost of obtaining security on administration bond a per- sonal liability, 4098 Amount of bond may be fixed by agreement of all parties in interest on granting letters c. t. a., 4101 Executors and all trustees residing out of the county where their accounts are to be settled may be sued in that county, and service may be made outside the county or upon any surety, 4198 Sureties may be sued without pursuing principal to insol- vency, 4218, 4219 When sureties liable for proceeds of realty, 4221 Cost of obtaining sureties on bond, 4273 When sureties of guardian liable in sales of real estate, 4423 When surety of guardian not liable, 4424 Defences by surety to suit on guardian's bond, 443^ Surety on general bond not liable for proceeds of realty sold under order of court, 443^ Sureties of a dismissed trustee who has complied with orders of court may be discharged upon application, 4462 1300 INDEX. (The references are to the Sections.) Surety — continued . Surety may cite trustee to file account, and to show cause why surety should not be relieved — New bond to be given, etc., 4480 Sureties on old bond to be liable until new bond approved, 4482 Petition may be presented by representatives of surety, 4483 Where cestvi que trust removes to another state, trustee to transfer securities to new trustee appointed in such state, 4484 Where a trust for the benefit of a married woman is cre- ated by deed and a vacancy occurs, the newly appointed truatee need not give security, 4485 In cases of waste, mismanagement, etc. , surety may make application to the court for his protection, 4514, 4523 Surety may compel statement of investments and upon proper grounds therefor the administrator, trustee, guardian, etc., may be removed, 4520 See Bond, Recognizance, Security. Tax Sales. Executors and administrators may collect bonds given for the surplus on tax sales — Power of court to suspend the collection, 4164 If unseated' land be sold for taxes and bond be given for surplus, executors or administrators may collect, pay into court, distribute, appeal, etc., 4165 Taxes. If unseated land be sold for taxes and bond be given for surplus, executors or administrators may collect, pay into court, distribution, appeal, etc., 4165 Executors and all trustees paying taxes, costs, etc., may defalk the same out of any money in his hands, 4189 Tenant. Rents due to a tenant for life shall be vested in his exec- utor or administrator, 4139 Rents due to any tenant shall be put in inventory, 4140 INDEX. I 30 1 (The references are to the Sections.) Terms. When orphans' courts to be held, 3798 In Philadelphia, Allegheny and Luzerne, orphans' courts shall be held during every term of the common pleas, 3798 And at such other times and as often as the judges think necessary, 3798 The orphans' court of every county other than Philadel- phia shall be held during first week of each term of ■ the common pleas, 3798 And at such other times as judges fix, 3798 Terre Tenants nition of See Liens Definition of, 4937 Testamentary Guardians. As to, 4374 Father may appoint testamentary guardian for unmarried child, 4375 Except where, for on? year prior to his death, he has refused to support his child, 43 7 6 When mother may appoint testamentary guardian, 4377 Putative fathers cannot appoint by testament, 4377 Form of testamentary appointment of guardian, 4378 Power of testamentary guardian extends to person and estate, 4378 Orphans' court cannot appoint while testamentary guar- dian acts, 4378 Foreign testamentary guardian may claim custody of minor, 4378 Testamentary guardian may be required to enter security where the ward's interests are insecure, 4378 See Guardian. Testator. To avoid the defeat of testator's intention, 3953 Form of will authorizing trustees to carry on testator's business — Creating spendthrift and other trusts, 3961 1302 INDEX. (The references are to the Sections.) Testator — continued. Olographe will under the French law — Every word must be written by testator and he must sign, 40 11 The mystic will need not be written by testator or signed by him, 4020 See Wills, Nuncupative Wills. Testatum Fi. Fa. See Execution. Testatum Ven. Ex. See Execution. Testimony. As to the taking of testimony for issues d. v. n., 3975 In Philadelphia, orphans' court judge sits as examiner on appeals from register, 3976 No continuance except for cause — Depositions — Com- missions — Subpoenas, 3977 Decisions of judge as to issue — Exceptions, 3978 Testimony to be taken by stenographer and filed — Issue list, 3979 Testimony to prove nuncupative will not admissible after lapse of six months, unless reduced to writing within six days after making of will, 3994 Title. The court has no jurisdiction where question of title raised, 3927 See Ejectment. Tombstone. Credit for, 4260 Transcripts. Certified transcript of balance due by executor, admin- istrator, guardian or other accountant to be filed in common pleas, 4962,5016,5017 Lien thereby created, 4962, 5017 Set. fa. must issue to revive, 4962, 5017 INDEX. 1 303 (The references are to the Sections,) Transcripts — continued. In case of appeal lien shall be for amount decreed by supreme court, 5017 Transcript may be filed in another county, 5017 Transcript may be filed where account a partial one,5oi7 Transcript is subject to modification on appeal, or bill of review, 5°i7 Form of certificate, 5018 Decree may be transferred to another county, 5° 19 Advantage of filing certificate, 5020 Filing certificate does not prevent execution, 5021 Set. fa. on transcript, 5022 Personal representatives of a deceased executor must be -made parties to the sci.fa., 4942, 5022 Transcript mnst be filed during life of accountant, 5022 Trusts and Trustees. When trust property may be taken possession of by sheriff, 3825 When debts due to a trust, stocks, etc., maybe attached, 3825 Sheriff or coroner may demand security before executing writ attaching trust property, 3825 Sequestration on final order, 3826 On return of writ, property to be disposed of according to equity, 3827 Orphans' courts have jurisdiction of all cases where trus- tees are possessed of or are in any way accountable for any real or personal estate of a decedent, 3839 Accounts of testamentary trustees, 3844 Orphans' courts may compel settlement of accounts by a testamentary trustee, 3844 Concurrent jurisdiction with the common pleas over tes- tamentary trusts, though trustees appointed in the will, 3844 A testamentary trustee whose office is annexed to that of executor, quasi executor or ratione officii, amenable alone to the orphans' court, 3844 Orphans' court has exclusive jurisdiction to compel an executrix to account as to a testamentary trust vested in her by the will to sell real estate, 3844 1 304 INDEX. (The references are to the Sections.) Trusts and Trustees — continued. Trustee for any public or private trust — Real estate held by may be sold, mortgaged, leased, conveyed on ground rent, 3873, 4750 Trust created by testator in his lifetime^ — Orphans' court has no jurisdiction, 3895 The court has no jurisdiction to cite a trustee ex maleficio to account, 3917 Nor to compel satisfaction of mortgage held on secret trust, 3925 Nor to set aside sale by trustee for heirs, 3926 Nor to enforce a parol trust, 3929 Discretion of trustees as to charitable distributions, 3939 Testamentary trusts, 39S6 Form of trust for a charity, 3957 Trusts for spendthrifts are designed to protect a cestui que trust from extravagance, debts, creditors, etc. — Form, 3958 Trusts for the benefit of daughters, 3959 Form of trust for the benefit of a married daughter or one about to be married, 3960 Form of will authorizing trustees to carry on testator's business— Creating spendthrift and other trusts, 3961 Active and dry trusts, 3962 Trusts for accumulation — Perpetuities, 3963 Precatory words, 3964 Trusts in will — Executor may decline trust and act as executor, 4039 Executors and all trustees may petition for order to invest — Court may so order in United States, state or Philadelphia loans, in resil securities or municipal investments, 4173 All trust moneys may be invested in ground rents or other real estate by leave of court, 4173 Executors and all trustees may deposit bonds, etc. , for safekeeping with real estate companies, 4181 When executors, administrators and others in representa- tive character may appeal without cost or recogniz- ance, 4183 INDEX. 1305 (The references are to the Sections.) Trusts and Trustees — continued. Executors, administrators and trustees entitled to costs and necessary expenses when made garnishee under act of April 13, 1843, §io> 4184 Executors and all trustees paying taxes, costs, etc., may defaulk the same out of any moneys belonging to the estate, 4189 Accounts, 4224 Who are parties in interest to cite executors to file account, 4234 Who are not parties in interest, 4235 Who may be cited, 4236 Who cannot be cited, 4237 Answer of an executor that assets received were rents, etc., insufficient, 4240 Lapse of time no bar, 4241 Form of order for filing an account, 4242 No account to be confirmed unless notice of presentation given, , 4245 Rules in Philadelphia county as to accounts and audits, 4246 Accounts to be examined by court or referred to auditors, 4247 Under act of 1835, accounts outside of Philadelphia to be confirmed, if no exceptions, 4248 And, in case of exceptions, auditor to be appointed, 4248 Loss on investment in mortgage — Duel precaution taken, 4267 After a year from decedent's death, an administrator will be charged with interest if he neglect to invest, 4291 Executor must account for interest earned, 4291 Executors only liable for interest on surplusage, except where he has used the funds, 4291 It is the duty of an executor to invest, 4291 Any presumption which may arise that trustee has accounted for assets may be rebutted, 4291 Nor does time run against interest on the fund, 4291 Neglect to invest fund so as to make it productive, justi- fies surcharge of interest, 4291 Interest surcharged shall not exceed six per cent., 4291 Rule as to surcharging with interest, 4291 1306 INDEX. (The references are to the Sections.) Trusts and Trustees — continued. Interest accruing after account is filed belongs to distributees, 4292 When account does not embrace the total assets, 4294 When assets discovered, 4294 Method of surcharge, 4^94 Counsel fees — Rules as to, 4301 When allowed, 4302 When not allowed, 43°3 When costs of audit imposed, 43°S When account waived — Effect, 43o6 Finding of fact — Force of a verdidt, 4307 Philadelphia rules as to filing exceptions to adjudication, 4309 Must be filed and copy sent to the judge, 4309 The argument upon such exceptions heard on the argument list, 4309 If exceptions are not filed within time limited, the adjudication will become absolute, 4309 Where accountant is exceptant, exceptions must be accompanied by an affidavit that they are not intended for delay,. 43°9 / Partial confirmation of adjudication, 43^9 What agreements for confirmation must contain, 43°9 Where account shows no balance for distribution, 4310 Where no objection is made to an account and after the adjudication is filed, a creditor wishes to except to a credit, 43 n Form of exceptions to adjudication, 4312 When personal property bequeathed for life, etc., trustee to deliver property upon security to protect remain- derman, 4331 Order to pay, 4340 Form of petition for order to pay, 434i Certificate of order to pay, 4342 Form of return to order to pay, 4343 If the executor or administrator fail to pay or to file an answer, or, having filed an answer, the same is dismissed, a petition may be presented for an attachment, 4346 INDEX. 1307 (The references are to the Sections.) Trusts and Trustees — continued. Definition of trust, 4441 History of trust, 4442 Creation of trust, 4443 Once created by parol, a trust cannot be affected by sub- sequent declarations of the settler, 4443 The parol promise by an heir that in case of intestacy he will provide for certain persons, will bind him, 4443 An engagement by a legatee to hold upon a lawful trust can be enforced, 4443 If executors be named as testamentary trustees, after eight years' omission to renounce, their acceptance of the trust will be presumed, 4443 A foreigner ought not to be appointed trustee, 4444 A husband under his own marriage settlement, an infant and a relative ought not to be appointed, 4444 A feme covert may be appointed, 4444 If the trustee named in a deed be a lunatic, the convey- ance is not void, 4444 Where legatee for life can nominate a trustee the orphans' court must approve, 4444 Where parties long in litigation the court will appoint, 4444 When a tenant for life appointed, 4444 Appointment will be made with reference to protection of contingent remainders, 4444 Court may appoint trustee to hold a mortgage given for support, 4444 Unincorporated societies may request appointment with- out security, 4444 And may remove at pleasure, 4444 Notice must be given by citation for removal of a trus- tee, 4444 Want of notice to cestui que trust is ground of revoca- tion of appointment of trustee, 4444 Incompatibility which may produce injury, is ground for removal, 4444 A donor cannot be removed from his own trust, 4444 Giving additional security cannot be enforced by attach- ment, 4444 1 308 INDEX. (The references are to the Sections.) Trusts and Trustees — continued. Trustees to hold until minors arrive at age cannot be ordered to pay income to guardians, 4444 When testamentary trustees can sue for breach of a min- ing contract, 4444 Although the real estate be situated in Pennsylvania, non- resident trustees, created by the will of a testator domiciled in another state, cannot be cited to account here, 4444 The court will not appoint a successor where the trust is of a personal nature, 4444 And when the trustee may resign, 4444 Where an application is pending to compel a trustee to sell real estate, he will not be discharged on his own petition, 4444 The power to require trustees to account, to give a new bond, etc., applies where an executor is trustee by virtue of his office, 4444 Only the cestuis que trustent of a life estate, or a majority of them, can appoint new trustees, 4444 The court is not bound to remove on request and with- out sufficient reason, 4444 The matter is one of discretion, 4445 Testamentary and other trusts, 4445 Powers of trustees, 4446 When a trustee may confess judgment, 4446 A trustee may consent to revival of a lien, 4446 He cannot charge the trust by his covenant, 4446 Letting on ground rent — Receiving a premium, 4446 He cannot defeat the trust, 4446 If he have no power to sell he cannot sue a defaulting purchaser, 4446 He cannot sell unless the deed confer a power, 4446 He cannot invest to produce an annuity, 4446 He can restrain cestui que trust from collecting the trust moneys, 4446 A trustee appointed has all the power of the trustee named in the original deed, 4446 INDEX. 1309 (The references are to the Sections.) Trusts and Trustees — continued. Under a power to lease, a lease with option of renewal may be given, 4446 When a trustee can compel specific performance by a cestui que trust, 4446 When a bank has knowledge of a trust, it cannot appro- priate money deposited by a trustee in his own name to the payment of a claim against him by the bank, 4446 A trustee's discretion will not be interfered with unless abused, 4446 A trustee may not make advantage by his trust, 4447 Trustee cannot buy up debts, nor purchase trust prop- erty unless authorized — Nor accept a gift from his cestui que trust — A pledgee of securities, purchasing at his own sale, takes subject to the original trust, 4447 Where the proceeding is hostile, the trustee may purchase, 4447 But not where he secures the sale, 4447 No trustee can purchase at his own sale, even through a third person, 4447 Profit arising belongs to cestui que trust, 4447 If a trustee purchase without previous leave of court, the sale will not be confirmed, independent of fraud, 4447 Such a sale is voidable though confirmed — Trustee is liable for profit, 4447 Though the order allow trustees to bid, they must account for profit if they buy with trust funds, 4447 A purchaser from the trustee's grantee cannot allege this as a defect and defend an action for the purchase money, 4447 Heirs and creditors may object, but other bidders cannot, 4447 An incumbrancer can purchase — He is not a trustee, 4447 Executor of a tenant in common can purchase the inter- est of the co-tenant, 4447 When an attorney may purchase, 4447 If attorney be only engaged to prevent condemnation • he may purchase, 4447 Stockholder who receives stock to pay corporation debts may pay himself at a fair valuation, 4447 I3IO INDEX. (The references are to the Sections.) Trusts and Trustees — continued. If cestui que. trust with full knowledge approve, the court will not interfere, 4447 When a stepfather may purchase, ' 4447 When a trustee can purchase at master's sale, 4447 Mortgagees — Trustee for creditors can purchase, 4447 A claimant under trustee guilty of breach of trust, must prove that he is a purchaser bona fide and for value, 4447 When executor may purchase from testamentary trustee, 4447 A trustee allowed to purchase at his own sale is held to uberrima fides, 4447 Trustee cannot receive portion of his counsel's fee, 4447 He cannot trade with the trust, 4447 If he deposit with a banking firm of which he is a mem- ber and receive no interest, he is not chargeable with interest, 4447 All gains by compromise go to the trust, 4447 A trustee acquiring the legal title cannot set it up to defeat the trust, 4447 A trustee cannot charge for his services as a solicitor, etc. , 4448 An executor of deceased partner may be employed as clerk by surviving partner, 444S Duties and accountability of trustees, 4449 For all profits, 4449 For all loss by reason of illegal use of trust funds, 4449 For all loss by gross negligence, 4449 And for fraud, 4449 Trustee only held to diligence of a prudent man, 4449 Supine negligence renders a trustee personally liable, 4449 And he is liable for loss on bonus mortgages, 4449 Trustee cannot invest in a bad security he holds as execu- tor in same estate, 4449 Nor in second lien without margin, 4449 A trustee is liable for rent he could have secured, 4449 Selling for less than value to wife of one trustee makes both trustees liable, 4449 But if property be sold under order of court and pur- chased by wife of administrator, he is not responsi- ble for the profit she makes, 4440 INDEX. 1311 (The references are to the Sections.) Trusts and Trustees — continued. Trustee not liable for loss of deposit by failure of bank, if cestui que trust agreed with bank for interest, 4449 He is liable for deposit with private banker, although advised by counsel, 4449 Also for a deposit on agreement not to draw except on notice, 4449 Trustees are liable if they sell to a person of bad credit, 4449 And for investing in bank stock, 4449 A trustee was relieved from liability for loss from an investment in the stock of the United States bank, 4449 Trustee is liable, although cestui que trust receive the divi- dends, 4449 And for purchase of stock of a navigation company,4449 And of a manufacturing company, 4449 And lending on personal security, 4449 And taking stock in part payment, 4449 And investing in his own name, 4449 And for profits made at his own sale, 4449 And for investing in securities not authorized, 4449 Trustee cannot burden estate with costs of filing accounts too frequently, to obtain compound interest, 4449 Cestui que trust cannot be kept out of possession because his trustee has made advances, 4449 Cestui que trust may recover advance made by him if trustee repudiate the trust, 4449 Trustee must follow the will or invest under order of the court, 4449 He cannot borrow, 4449 He has no power, except as conferred, 4449 Trustee is liable for highest rent if he occupy the trust property, 4449 He cannot claim discounts on bills paid with his own funds, 4449 He is liable for needless expenses, 4449 He cannot be allowed for a debt he pays, owing by hus- band of cestui que trust, 4449 Nor for a claim he voluntarily pays pending time for an appeal, if there be a reversal, 4449 13 I 2 INDEX. (The references are to the Sections.) Trusts and Trustees — continued. A trustee is liable for interest if he put purchaser into possession without payment, 4449 So if he allow the fund to be held by his surety, 4449 And if he neglect to invest, 4449 An assignee who did not invest for fifteen months was not charged with interest, 4449 Where will directs trustee to invest, he will be charged if he fail to do so, 4449 He is entitled to a reasonable time for investment, 4449 He is liable if he mix the trust funds with his own, 4449 Or use them in his business, 4449 So if he allow his surety the use of the trust fund, 4449 When charged interest, it is computed after six months on the balance, less his commission, 4449 For gross delinquency compound interest will be charged, 4449 Unfaithful trustee chargeable with interest, 4449 Interest chargeable on failure to invest, 4449 Mixing private and trust funds subjects trustee to interest, 4449 Compound interest charged, 4449 Interest will only be compounded in case of fraud, 4449 If trustee pay to tenant for life beyond the income, he cannot claim from those in remainder, 4449 Trustee must protect both the estate for life and that in remainder, 4449 He is entitled to be protected before he delivers the fund, against a liability incurred in discharging duty, 4449 Trustee is not bound to pay over the corpus to the com- mittee in lunacy, 4449 Trustee is liable in covenant for ground rent falling due during his possession, 4449 He is liable for his fraudulent and criminal acts, 4449 Damages against him for wrong cannot be paid out of trust funds, 4449 Trustee is liable for the amount of a credit he allows for a note of decedent barred by the statute, 4449 And for bonus received from one who borrowed the trust money, 4449 Claiming false credits subjects trustee to costs, 4449 INDEX. 1 313 (The references are to the Sections.) Trusts and Trustees — continued. Re-stating an account improperly kept subjects trustee to costs, 4449 When costs will not be allowed, 4449 When attorney's fees not allowed, 4449 Counsel fees — When allowed, 4449 Counsel fees allowed when delivery of property creates a trust, 4449 When writing on envelope creates a trust, 4449 Trustee's admissions — When evidence, 4449 When trustees not liable, 4450 Not liable for discretion, 445° Reasonable diligence, 445° Not liable beyond receipts, 445° Nor for an inaccurate statement, 445° Nor for mere error of judgment, 445° Nor for mismanagement or insolvency of agents, 4450 Nor when acting under advice of counsel, 4450 Nor for depreciation of bank notes, unless held an improper length of time, 445° Not liable for leaving money where it had been deposited by testator, 445° Nor for holding, in good faith, investments made by testator, or by his predecessor, 4450 Nor for investing in loan of a company in good credit, owning lands, 445° Not liable for interest whilst exceptions pending, 4450 Nor for costs of audit where not in default, 4450 Nor for interest whilst the fund is locked up, 4450 Nor if he pay over in due season, 445° Nor on appraisement without proof of his conversion, 4450 Nor until fund be paid to him, 445° Nor with higher interest than he received, 445° Nor for accepting legal tender notes, 445^ A trustee selling on ground rent is not to be charged with the principal, 445° When request of a cestui que trust relieves trustee, 4450 Commissions, 445 ^ General rules as to commissions, 445 2 1 3 14 INDEX. (The references are to the Sections.) Trusts and Trustees — continued. Five per cent, on personalty, is the general compen- sation for careful management, and three per cent, or less on real estate, 4452 Commissions can only be allowed on proper subjects of account, 445 ^ Not usually allowed on re-investments, 4452 Nor on assets not collected, 445 ^ Not chargeable against the principal until final settle- ment, 4452 A trustee removed because cestui que trust had not been consulted as to his appointment is entitled to commissions, 445 2 A small commission may be allowed to one who has not managed the estate well if he has acted bcna fide, 4452 Five per cent, for the sale of real estate, concerning which there was litigation, allowed, 4452 When an executor was testamentary trustee he was allowed five per cent, upon the corpus of the estate, including unchanged securities, 4452 A bona fide mistake is no reason for withholding an accountant's commissions, 4452 An executor does not lose his commissions if he do not file his account within a year unless loss be shown, 4452 In the absence of fraud or unfairness, a trustee will be allowed a reasonable commission, although he may be guilty of negligence, 445 2 Although a course of management was adopted which rendered the estate insolvent, yet if such course were approved by competent advisers, com- missions will not be denied, 445 2 When commissions allowed where executor or administrator carries on the business or is partner, 445 3 Commissions not allowed upon a debt due by executor,4454 Commissions not allowed on uncollected assets, 4455 Nor on household furniture bequeathed to widow, 4455 Commissions cannot be allowed on surcharges, 4455 INDEX. 131 5 (The references are to the Sections.) Trusts and Trustees — continued. No commissions allowed to an administrator on rents, 4456 No commissions on principal of irredeemable ground rent, 4457 No commission to trustee if he mingle with his personal funds the proceeds of real estate sold by him, 4457 Nor if he mixes trust funds with his own, or specu- lates with trust funds, 4457 Nor when he produces no vouchers and files an account involving a long and expensive audit, 4457 Commissions only denied for gross neglect or fraud, 445 7 They are denied when trustee uses the money in his business, 4457 If he convert assets to his own use he will lose com- missions and counsel fees, 4457 Not filing account save under compulsion, forfeits commissions, 4457 So failure to keep separate account, 4457 Or wilful misconduct, 4457 Making unfounded claim, forfeits commissions, 4457 Special cases as to commissions, 445 8 If a fund be 'decreed to be paid to another estate the trustee of the second estate is entitled to a commission, although he was executor of the first estate, 4458 Administrators are not entitled to commissions on debts due by distributees, 4458 Trustee forfeits commissions if his surety receive the fund and does not pay, 4458 An administrator is entitled to his commission, although he had been in the employ of the deceased, 4458 Failure to charge a commission will constitute a gift to the estate, 4458 Paying over income without deduction is, not a waiver of commission, 4458 Executor, who is also testamentary trustee, is not entitled to commission as executor and trustee 1316 INDEX. (The references are to the Sections.) Trusts and Trustees — continued. on the corpus, but is entitled to commission on the interest, 445 ^ In absence of evidence of peculiar difficulty a trustee will not be allowed compensation for collect- ing rents in addition to his regular commission, 4458 In an unusual case a trustee may be allowed more than the regular commission, 44S8 Allowance for professional services rendered by a trustee, 445 8 For efforts to effect a sale, 445 8 The orphans' court will not apportion the commissions among co-executors, 445 8 A trustee can claim interest on his advances, 4458 He cannot be surcharged, save on proof, 445 8 The confirmation of his account protects him from objections on audit of second account, 44S8 Liabiliiy of co-trustees, 4459 Where co-trustees are jointly liable, 4459 A sale by a trustee to his co-trustee, 4459 When each trustee is responsible, 4459 When one trustee cannot bind his colleagues, 4459 Waiver by one trustee of commissions cannot affect the others, 4459 Trustee may be charged with accountant's fees where examination is necessary by act of trustees, 4459 Where a trustee allows a co-trustee to use securities, 4459 In matters involving discretion all trustees must act, 4459 Payment to one trustee discharges the debt, 4459 Where the power is discretionary, a sale by one trustee upon the authority of his co-trustee is invalid, 4459 Where trustees differ as to matters of discretion, the orphans' court may control, 4459 If a contract be executed by one trustee, but the co-trus- tees acquiesce for a long time, equity will not inter- fere, 445c, A trustee who joins in receipts for mere conformity and without receiving moneys is not responsible for mis- application by the other, 4459 INDEX. 131 7 (The references are to the Sections.) Trusts and Trustees — continued. A co-executor need not sign a receipt ; he is responsible in solido if he do so, 4459 Each guardian is responsible only for what he receives, unless he stand supinely by whilst his colleague impairs the estate, 4459 Trustee not liable for his co-trustee unless fraud or negli- gence, 4459 Cestui que trust is not bound to pursue an investment in another jurisdiction, 4459 Concurrence of cestui que trust, 4460 Concurrence is a bar for a loss to which, by consent, the cestui que trust was a party, 4460 Ignorance is not concurrence, 4460 Femes ccmert and infants cannot consent, but they are barred if they draw in the trustee to a breach of duty, 4460 Femes covert may bind themselves where there is no restraint against alienation, 4460 Acquiescence may amount to concurrence, 4460 Cestui qui trust is not bound to inquire, 4460 His release or confirmation will bind him, 4460 A waiver to be effectual must be positive and supported b)^ valuable consideration, 4460 Concurrence cannot justify a breach of trust, 4460 When cestuis que trustent may ratify a sale, 4460 Confirmation must be on full knowledge and examination, 4460 Cestui que trust not bound to object to prices, 4460 Agreement by cestui que trust with bank for interest, relieves the trustee from liability if the bank fail, 4460 Allowance by a trustee in good faith to the cestui que trust will not be increased by the orphans' court, 4460 Limitation and laches, 44^1 Administrator was obliged to file an account eighteen years after decedent's death, 4461 And where twenty-five years had elapsed, 4461 Statute of limitations will be applied in all proper cases as well in equity as in law, 446 1 I318 INDEX. (The references are to the Sections.) Trusts and Trustees — continued. Against a constructive trust, the limitation commences at the date of the transaction, 4461 Equity follows the law in relation to lapse of time, 4461 Defendant may take advantage of the statute by demurrer where the length of the time appears on the face of the bill, 4461 In the case of a bank, the statute begins to run after demand by depositor and the bank's refusal to pay, 4461 Decisions under the act of April 22, 1856, l^rring certain suits after five years, . 4461 It does not protect a trustee ex-maleficio , the fraud being unknown, 4461 The recording of a deed to the defendant is not notice, 4461 ^ The act does not run in favor of a devisee for life during his life, > 4461 It does not apply whilst the cestui que trust is in posses- sion, 4461 But if cestui que trust neither enters nor takes possession within five years and there be no written acknowl- edgment of the trust, the statute bars, 4461 Retention of a part of purchase money as attorney for a co-heir, at an orphans' court sale, creates construct- ive trust, 4461 So a purchase by an attorney under the judgment of a client, 4461 The act does not apply to an ejectment by the sheriff's vendee against an alleged fraudulent grantee, 4461 Equity adopts the principle of the statute of limitations in favor of a trustee, 4461 Statute bars a constructive trust and where trustee denies the trust, 4461 It also runs against the trust resulting from payment of purchase money where the warrantee takes out the patent, 4461 It also raises a legal presumption against a citation to an administrator for an account after the lapse of twenty years, 4461 INDEX. 1319 (The references are to the Sections.) Trusts and Trustees — continued. . If a vendor disavow the trust, the statute runs in his favor, 4461 Trustee paying to a married woman the principal, of which she had the absolute disposal, was protected after six years from death of her husband, 4461 If the trust be continuing, exclusively cognizable in equity and the case is between cestui que trust and trustee, the statute is no bar, 4461 The statute is no bar in favor of an administrator holding proceeds of real estate, 4461 An assignee for benefit of creditors cannot set up statute against the claim of a creditor, 4461 When the statute runs in favor of a trustee, 4461 When the statue does not run, 4461 Jurisdiction of common pleas over trustees, 4462, 4468 Jurisdiction to appoint new trustee in certain cases and powers thereof, 4462, 4494, 4495, 4496 Service on non-resident trustees, 4463 The recording of trust accounts, 4464 Lien against real estate of trustees, 4465 Personal property may be applied to improvement of realty, 4446 Re- conveyances may be decreed when further execution of the trust useless, 4467 Power to appoint a trustee for a married woman, 4468 Jurisdiction of the orphans' court in cases of trusts, 4468, 4469, 4479 Executor may decline to act as trustee and retain execu- torship, court to fill vacancy, 4469 But cannot renounce executorship and keep trust, 4469 Where trustee resides out of state, court may appoint trustee within the commonwealth, 447° Where vacanpy occurs in trust, court may appoint — May dismiss for waste or mismanagement, 447 1 Court may appoint trustee to fill vacancy by death, renunciation, resignation or dismissal of one of sev- eral executors, 44 7 2 1320 INDEX. (The references are to the Sections.) Trusts and Trustees — continued. Court may appoint in case of death of surviving trustee, though legal title descended to heir-at-law, 4473 Cestui que trust may select trustee, 4474 Where party absent and unheard of for one year, trustee may be appointed, 4475 Such trustee to give bond, 447 6 When distribution may be made of absentee's estate, 44 7 7 Where administration had been granted, administrators to act as trustees, 447 8 Courts may dismiss trustees for waste or mismanage- ment, etc., 4479 After filing his account in answer to a citation, the trus- tee cannot object to the status- of the petitioners — They can appeal from a decree vacating the pro- ceedings if cestui que trust be of weak mind, and they are next of kin, 4479 Where no active duties are to be performed, the orphans' court will not appoint, 4479 Where an executor and trustee receives as trustee, he is liable only as trustee, and must so^account, 4479 A testamentary trustee may be authorized to mortgage for payment of a legacy charged on the land, 4479 Executors may be ordered to convey to a testamentary trustee, 4479 Surety may cite trustee to file account and to show cause why surety should not be relieved — New bond to be given, etc. 4480 Upon failure to give bond, trustee to be removed, 4481 Sureties on old bond to be liable until new bond approved, 4482 Petition may be presented by representatives of surety, 4483 Where cestui que trust removes to another state, trustee to transfer securities to new trustee appointed in such state, 4484 If an executor purchase land as trustee for the heirs, and sell it, the orphans' court cannot set aside the sale at the instance of the heirs, 4484 INDEX. 1^2 1 (The references are to the Sections.) Trusts and Trustees — continued. Where a trustee filed his account not in county of his residence, but in the county where the land was situate, the adjudication was held conclusive, 4484 Removal of trustees, 4485 Where a trust for the benefit of a married woman is created by deed and a vacancy^ occurs, the newly- appointed trustee need not give security, 4485 Before entering upon the duties of the trust, the trustee may be dismissed, 4485 Failing to enter the required security is ground for dis- missal, 4485 Two trustees cannot be removed on complaint against only one, 4485 If some of the parties approve, the trustee lending trust fund on personal security may be dismissed, 4485 It is not a fraud on the power in a will for a trustee to promise the testator that he will exercise his discre- tion in a particular manner, 4485 Insufficient grounds for removal, 4485 The request of the cestui que trust alone is insufficient for removal under act of April 9, 1868 — Cause should be shown, 4485 Notice must be given by citation for removal, 4485 Want of notice of appointment is ground for remval, 44850 Unincorporated associations, not charities, may remove trustees appointed by themselves, 4485 Incompatibility, working injury, ground for removal, 4485 Trustees may be dismissed without first requiring security, 4486 As to general powers of trustees conferred by statute, as to sale, leasing, recording, etc., 4487 Accounts and citations to account, 4488 The surviving trustee should file the account — The rep- resentatives of deceased trustee should not be joined, 4488 The orphans' court of the county where the will was proven has no jurisdiction of the account of the tes- tamentary trustee and of the appointment of his suc- cessor, 4488 1322 INDEX. (The references are to the Sections.) Trusts and Trustees — continued. A contingent remainderman may cite trustees appointed in place of executors and he may cite the testament- ary trustee, 4488 Pending a bill as to the declaration of trusts, the trustee cannot be cited to account, 4488 A trustee cannot defend on the allegation that it was agreed that another court should distribute, nor can he set up that he has paid the wrong party, 4488 Separate accounts need not be filed for principal and income — One account which divides the two is sufficient, 4488 The legal advertisement is notice to all, 4488 What a trustee may claim, 4488, 4489 Renunciation — Delegation — Death, 4490 A trustee cannot, after accepting, renounce the trust — He may only be discharged by the court, 4490 If there be more than one trustee all must act — The only exception to this is a public trust where the act of the majority binds, 4490 If one of two trustees renounce, the duties devolve on the surviving trustee, 4490 On death of one of several trustees, his personal repre- sentative should file his account, 4490 Discharge and dismissal of executors, administrators, guardians and trtfetees, 4491 Orphans' court may fill vacancy in testamentary trust, 4494 On the death, resignation or dismissal of an executor, the successor in the trust occupies the same status as if the executor had renounced, 4494 Orphans' court may appoint if there be a vacancy in office of any trustee who is also co-executor, 4495 Trustee may decline without affecting his office as execu- tor — Orphans' court has power to fill the vacancy, and if vacancy in any trust the court may appoint one or more trustees, 4496 Jurisdiction of common pleas and of orphans' courts as to trusts, 4497 When the orphans' court has jurisdiction of trust, 4498 INDEX. 1323 (The references are to the Sections.) Trusts and Trustees — continued. When the orphans" court has not jurisdiction of the trust, 4499 If the will create a trust as a personal relation, to continue , only so long as the appointee desires to serve, the court cannot, on withdrawal of the trustee, make a new appointment, 45 00 Authority of appointed trustees to execute a power of sale, 4501 Requisites of petition by executor for his discharge, 4502 Rules of orphans' court of Philadelphia as to discharge of executors, administrators, guardians and trustees, 4503 Form of petition for the discharge of the estate of a deceased executor and trustee (filed by his execu- tors), 4504 Form of petition by an executor for his discharge, 45^5 Removal of trustee for incompetency arising from sick- ness, etc., 4517 , Waste, etc. , of trustees, 45^9 Surety of any trustee may compel statement of invest- ments, and if bad, trustee may be removed, etc., 4520 Cases in Which a trustee may be dismissed, etc., 4521 Requisites of petition to remove trustee, etc., 4524 Form of petition to dismiss trustee (waste, mismanage- ment, etc.), 4527 New trustee, etc., may proceed attaw, 4535 Real estate, securities, etc., set apart by court shall con- tinue with trustee, subject to legacy charged upon it — Report to be made yearly as to surplus, 4641 Trustee with power to convey may do so by attorney, but no trustee shall delegate the discretion for gen- eral management of estate, 4693 Where lands are held in trust under a will and it would be for the interest of the cesiuis que trustent that the same shall be sold, the court will order a sale on application of trustee, 47^7 Prior sales to be perfected by surviving trustees in case of death of their associates, 47^7 1324 INiDEX. {The references are to the Sections.) Trusts and Trustees — continued. Deeds by trustees residing out of the county may be- acknowledged where trustees reside, ' 4760 Non-resident trustees may acknowledge deeds outside of state, 4765 Trustees may make deeds without public sale, and accept deeds changing rights of way, 4766 If trustee die before executing deed, court may order its clerk to convey, 4774 AVhere trustee purchases by leave at his own sale, court may order clerk to convey, 4775 Trustee will be appointed to execute order of sale where there is no administrator or executor, or they refuse to act, 4896 Stranger should not be appointed to act as trustee with- out good cause, 4898 ■ How deed to be executed where trustee dies after sale . and before execution of deed, 4902 Trustee to file an account of proceeds of partition sale, 4915 A decree ordering a trustee to execute a mortgage con- clusive, 4967 In suits by cestui que trust against trustee, where the latter is in fault, the costs will be imposed on trustee, 4982 See Dismissal, Discharge, Removal, Renunciation. Trust Property. When trust property may be taken possession of by sheriff, 3825 When debts due to atrust, stocks, etc., maybe attached, 3825 Sheriff or coroner may demand security before executing writ attaching trust property, 3825 Sequestration on final order, 3826 On return of writ, property to be disposed of according to equity, 382? Undue Influence. Undue influence— Legal adviser as legatee, 3968 See Wills. INDEX. 1325 (The references are to the Sections,) Use. Definition of, 4441 See Trusts. Vend. Ex. See Execution. Wages. A preferred debt, 4323 Claim need not be confined to services performed during last year, 4323 The court has jurisdiction to decree sale of real estate to satisfy widow's exemption, 39oS) 4573 See note after Preface. Letters of administration are to be granted to, 4047 Widow's right to administer, 4053,4115 Where administration has been granted under act of June 24, 1885, and the supposed decedent is alive, the letters are to be revoked, but past acts are valid, except that widow and next of kin must refund, 4081 Where the widow elects to take against her husband's will, 4567 Where a widow or children elect to take certain portions of an estate under claim for exemption, 4568 Exemption, when claimed by widow and children — Statutory provision, 45 71 Exemption may be claimed out of money, stocks, debts due, and to be appraised by the appraisers of the estate, 45 7 2 As to exemption claimed out of real estate, 39°5) 4573 See note after Preface. Where widow demands appraisement of real estate to secure her exemption, although no appraisement be made, she may claim her exemption from the pro- ceeds of the sale, 4573 If widow or children take real estate, it vests in them absolutely on paying the surplus, but if it be sold they take the three hundred dollars in cash, 4574 1326 INDEX. (The references are to the Sections.) Widow — continued. If no widow, but a child under fourteen, exemption to be allowed, and appraisement made without request, 4575 Widow and children may petition the orphans' court for appraisement when no letters have been granted by- register, and estate valued at less than three hun- dred dollars, 4577 Practice in Philadelphia under the exemption act, 45 7 8 By whom the exemption is to be claimed, 4579 When there is a minor under fourteen, 4579 Widow's right — When it vests, 4579 Election of property — As to realty, 4579 Claim by children, 4579 If widow non compos — If two claim as widow, 4579 When the widow cannot claim, 45 80 How the widow's claim is restricted, " 4581 How paid, etc., 4581 The claim must be paid directly to the widow when she is the claimant, 4581 Where a widow is executrix she may retain three hun- dred dollars in cash without notifying herself as executrix or presenting a petition for exemption, 4581 As to effect of mortgages, mechanics' and municipal claims, judgment, etc., upon the exemption, 4582 If widow die after claiming exemption, 4583 Her election to take under husband's will, 4584 Necessity for prompt appraisement on claim of exemption — Widow must assert her right promptly, 4585 She must demand an appraisement if necessary, , 4585 When appraisement not necessary, 4586 When appraisement necessary, 4587. When the exemption is a charge on land, 4587 What laches will bar claim for exemption, 4588 Second marriage, 4588 When delay in making claim does not bar, 4589 What the appraisement must show, 459© Objections to appraisement, 459i When appraisement confirmed, etc., 4592 Form of claim of exemption, 4593 INDEX. 1327 (The references are to the Sections.) Widow — continued. Rule of the orphans' court of Philadelphia as to appraise- ments on claim for exemption, 4S94 Form of petition for widow's exemption out of person- alty, 4595 Form of decree for exemption, 4596 Form of petition for exemption out of real estate, 4597 Form of decree for exemption out of real estate, 45 98 Form of petition for exemption out of real estate valued at six hundred dollars or less, 4599 Form of decree sur last petition, 4600 Form of petition for exemption under the act of June 4, 1883, 4601 Form of decree appointing appraisers under last petition, 4602 Form of decree — Exemption — Act of June 4, 1883, 4603 Form of advertisement where the widow elects to take part in personalty and part in realty, 4604 Form of advertisement where the widow elects to retain personalty under the act of June 4, 1883, 4605 Form of advertisement where widow elects to take per- sonalty other than cash for her exemption, 4606 Form of advertisement where three hundred dollars in cash is elected to be retained by the widow, 4607 Form of advertisement where widow elects to take her exemption out of real estate, 4608 Proof of publication, 4609 Form of proof of publication of widow's claim, 4610 Practice outside of Philadelphia as to claim of exemption, 461 1 Exceptions to petition for exemption, 4612 Form of exceptions to same and appraisement, 4612 If executor refuse to allow appraisement, widow may bring suit, 4613 Doctrine of advancements not applicable to widow, 4633 Discharge of lien of dower, 4739 Inquest in partition may be awarded on application of widow or lineal descendent, 4792> 4793 Partition may be made between widow and only heir, or his alienee, or a child, if estate not prejudiced, 4793 Widow of a deceased remainderman may have partition, 4794 1328 INDEX. (The references are to the Sections.) Widows — continued. Recognizance may be given to secure widow's interest in partition proceedings, 4870 As to character of widow's interest secured by the recog- nizance, 4871 Rights of widow in partition proceedings, 4873 Share to remain charged on land, 4873 Widow's interest in deceased husband's land, held by him as tenant in common or coparcener, 4874 Inquest to be awarded, 4874 Share of widow to be secured, 4874 Interest to be paid, 4874 How interest secured and paid, 4874 Widow's interest maybe charged on one or more purparts, 4875 Commissioners may be appointed in York and Fayette counties to value widow's dower, 4876 Widow's share of purchase money may remain in hands of purchaser, 4877 Interest to be paid, to be recovered by distress, etc., ' 4877 If widow elects against her husband's will, she takes as if he died intestate, 4878 In that case she, or any party in interest, may maintain partition, 4879 Her interest should be secured by orphans' court decree, 4880 Payment to widow may be enforced by distress, 4881 Widow's right to mansion house, 4882 Widow's interest remains a lien, though not specially charged by order of the court, 4883 Land cannot be assigned free from its charge, 4884 Lien of judgment to secure dower interest is not dis- charged by sheriff 's sale, 4885 Purpart taken at valuation is subject to widow's interest and to payment of other heirs' shares of principal at her death, 4886 In such case the heir accepting has no interest in princi- pal at widow's death, 4887 Principal divisible among heirs only when land divided into less parts than there are heirs, 4888 INDEX. 1329 (The references are to the Sections.) WidovT — continued. When widow's death occurs between levy and sale of the land charged, lien is discharged, 4889 Requirements of Philadelphia rule as to widow's share in an order of sale, 4894 As to joining the widow and heirs of decedent where the plaintiff intends to charge the real estate with pay- ment of the debt, 493i) 493^ ^vills. As to declaration of rights of parties under a will — No jurisdiction to decree, 39 n Where will discovered after grant of letters, 3912 As to preparation of wills, 393° Gift to charities (correct name), 393^ Limit on property held by a charity, 393 2 Limit as to date of gift to a charity, 3933 Decisions under the act of April 26, 1855, 3934 It is not retroactive, 3934 It includes bequests for schools and colleges, 3934 All religious societies, 3934 It applies to a society for culture, debate and to dis- seminate scientific truth, 3934 And also to a bequest to a church for masses for repose of testator's soul, 3934 If a testator make a devise to a charity and after- wards, within thirty days of death, makes a change of the investment, this does not avoid the devise, 3934 Effect of codicil (charitable bequest), 3935 What are not charities under the act, 393^ Beneficial society exclusively for its contributing mem- bers not a charity, 393" Bequest to the editor of a newspaper for private profit to assist cause of freedom, is not a charity, 3936 A trust to educate a man for the ministry, and if he declined, then to a college for the education of min- isters, not within act of 1855, 393^ 1330 INDEX. (The references are to the Sections.) Wills — continued. Efforts to evade the act of 1855 (as to charitable bequests), 3937 Where charitable bequest void for uncertainty or object be not ascertainable or not existing or unlawful, property to go to heirs-at-law, etc., 393^ Discretion of trustees as to charitable distributions, 3939 The rule in Shelley's case, 3940 History of, 394i The words of the rule, 3941 Effect of the rule, 3941 Distinction between deeds and wills, 394 1 The word " heirs," 394i The words "heirs of the body," ■ 394i The word "issue," 394i The word " offspring," 3941 The word "children," 394i Cases where the word "heirs " has been held to be a word of limitation, 3942 " Heir " held to be a word of purchase, 3943 " Heirs of the body " held to be words of limitation, 3944 " Heirs of the body " held to be words of purchase, 3945 " Issue " held to be a word of limitation, 394^ " Issue " held to be a word of purchase, ' 3947 " Children " held to be a word of limitation, 394^ " Children ' ' held to be a word of purchase, 3949 " Offspring " held to be a word of limitation, 395° Words equivalent to "heirs" held to be words of limitation, 395 1 Words equivalent to " heirs " held to be words of purchase, 3952 To avoid the defeat of testator's intention, 3953 Form of devise avoiding the rule in Shelley's case, 3954 Clauses as to definite and indefinite failure of issue, 3955 Testamentary trusts, 39S6 Form of trust for a charity, 3957 Trusts for spendthrifts designed to protect a cestui que trust from extravagance, debts, creditors, etc. 3958 INDEX. I 3 ''I (The references arc to the Sections.) ^Vills — continued. Trusts for the benefit of daughters, ^oco Form of trust for the benefit of a married daughter, or one about to be married, ,p6o Form of will authorizing trustees to carry on testator's business — Creating spendthrift and other trusts, 3961 Active and dry trusts, 2962 Trusts for accumulation — Perpetuities, 3963 Precatory words, ^964 Conditions against contesting will, 3965 Conditions in restraint of marriage are invalid, 3966 Reference clause in will, 3067 The attorney should never write himself in a will as legatee, 3968 All wills to be in writing — How proved, 3969 Execution of will, 3969 Will may be executed by a mark, 3970 How will concerning real estate may be revoked, 3971 How will as to personalty may be repealed, 3972 Who may execute a will, 3973 As to issues d. v. n. — Bond for costs, etc., 3974 As to testimony for issues, 3975 Orphans' court judge sits as examiner on appeals from register, 3976 No continuance, except for cause — Depositions — Com- missions — Subpoenas, 3977 Decisions — Exceptions, 3978 Testimony taken by stenographer and filed, 3979 Issue list, 3979 Form of precept — Issue devisavit vel non, 3980 Register may cite part}" in possession of will to produce same, 3981 Register may cite witness to prove execution of will, 3982 Register may issue commission to tdke depositions of wit- nesses, 3983 Wills proved here by two witnesses, and copies of wills proved elsewhere under seals of the offices where proved, and here recorded, shall pass lands and goods — Executors may sue, etc., 3984 1332 INDEX, (The references are to the Sections.) Wills — continued. How foreign will probated — Requirements as to proof in place where original will probated, 39^5 Wills and copies to be recorded — They are declared matters of record and good evidence to prove gift or devise, 3986 If the will be here and the witnesses be abroad, 3987 Will affecting real estate to be conclusive unless contested within five years from date of probate, 3988 Will conclusive as to personalty, unless decree of register appealed from in three years, 3989 Nuncupative wills, 399° Requisites of a nuncupative will, 399^ Mariners and soldiers not affected by the act of 1833, 3992, 4000 How nuncupative will probated, 3993 Testimony to prove nuncupative will not admissible after lapse of six months, unless reduced to writing within six days after making of will, 3994 All the requisites must be clearly shown, 3995 Where estate over one hundred dollars testator must bid witnesses present bear witness to will, 399^ Verbal will must be committed to writing within six days, if attempt made to probate will after lapse of six months, 3997 Can only be made in extremis, 3998 An unsigned written will cannot be proved as a nuncupative one, 3999 When soldier cannot make nuncupative will, 4000 Form of probate of nuncupative will, 4001 Powers in a will, 40021 Form of power, 4003 Form of power to appoint, 4004 Execution of power of appointment, 4005 Requirements of the civil law as to wills, 4006 Provisions of the civil law as applied to wills in Holland and British Guiana, 4007 Spanish law as to wills, 4008 Provision as to French wills, 4009 JNDEX. 1333 (The references are to the Sections.) 'Wills — continued. Olographe — Acte public — Mystique, 4010 Olographe — Every word must be written by testator, and he must sign, 4011 Good if written in account book, 4012 Signature essential — Official signature, 4013 Signature of olographe will must be at end, 4014 Date need not be on last page, 4015 If date be anterior and impossible, yet it may be corrected J 4016' The custom of Paris required that, if not olographe, it may be before two notaries, or curate (or vicar) and one notary, or curate (vicar) and three witnesses, or one notary and two wit- nesses, dictated by testator, read, signed, etc., 4017 By the civil code the will is taken by two notaries in presence of two witnesses, or one notary in presence of four witnesses, 4018 The code admits another form — The mystic, 4019 The mystic need not be written by testator or signed by him, 4020 Wills of military men under the code, 4021 Provisions of the code as to wills of seamen, 4022 Wills in Canada, 4023 Probate of will, 4028 Form of oath of subscribing witnesses, 4030 Form of oath as to signature of subscribing witnesses, 4031 Form of oath of non-subscribing witness, 4032 Letters before death void, 4° 3 3 If there be no creditors, a testator may lawfully stay the grant of letters, 4034 Renunciation, 403 5 Form of renunciation as executor, 4*36 Executor bound to act if he accept, 4038 Where exfecutor will not apply, 4°39 Administration to be granted during minority of executor,404o When there is a will, no executor named, or executor renounces, 4041 Letters of administration, d. b. n. c. t. a. ^043 1334 INDEX. (The references are to the Sections.) Wills — continued. If administration become vacant by reason of any decree of orphans' court, 4044 Form of petition for letters of administration d. b. n. c. t. a., 4045 The executor of an executor cannot act in the first estate, 4050 No foreign letters confer authority to act in Pennsylvania, 4062 Foreign executors and administrators may transfer state and municipal loans, stocks, etc., 4063 Foreign executors and administrators may transfer loans of the state and of Philadelphia held by their dece- dents — First filing evidence of authority and affidavit as to debts, etc., 4064 Foreign executors or administrators may issue sci.fas. sur judgments, but letters must be granted here before further proceeding, 4065 Ancillary letters, 4066 Rights and duties of ancillary administrators, 4067 Directions as to obtaining ancillary letters, • 4068 Wills made by citizens and subjects of foreign countries and proved outside of the United States, 4069 Form of commission to prove will, 4070 Form of interrogatories to prove will, 4071 Execution of commission to prove will, 4072 \-&\Xtxs pendefite lite, 4074 When the register may grant letters pendente lite, 4075 Form of petition for \ettex% pendente lite, 4076 The petition for letters testamentary or of administration should contain affidavit of day and hour of death, 4084 Affidavits to be filed — Date of death to be recorded, 4085 Administrators and executors to be sworn, 4086, 4087, 4088, 4096 How to oppose the claim of the petitioner for the letters, 4089 If register grant letters improperly or adverse to your interests, 4090 Where a will is offered by a resident executor no bond is required, 4091 Administrator with will annexed to give security for pro- . ceeds of saleS of realty, 4094 INDEX. 1335 (The references are to the Sections.) Wills — continued. Foreign executor to give bond, 4095 Probate of will, 4104 Form of letters testamentary, 4105 Form of short certificate of grant of letters testa- mentary, 4106 Decree of the register cannot be attacked collaterally, 4108 When letters of administration may be revoked, 4109 How letters may be revoked, 41 10 Form of petition to revoke letters, 41 11 General form of citation to revoke, etc., 4112 Service of citation, 4113 On return of citation, 4114 Pov/er of register to revoke, 4115 Appeals from decisions of registers, 41 16 Testimony to be taken in writing — Appellate court may reverse, affirm, modify, etc., 41 17 Form of appeal from probate of will, 4118 Forms of appeal in other cases, 41 19 No caveat or appeal to be entertained unless security entered within ten days — Bond to remain on file with register (Brews. Prac. , §2626), 4120 If no security entered, caveat or appeal to be dismissed (Brews. Prac, §2626), 4121 In cases of appeal from registers, court may fix amount of costs, and by whom to be paid — Process upon the bond (Brews. Prac, §2627), 4122 All register's decrees as to costs shall be subject to appeal to the orphan's court (Brews. Prac, §2628), 4123 In Philadelphia upon appeal, record and testimony certi- fied shall be sent to orphans' court, 4124 Appeal must be filed with register and security entered, and record filed, 4125 Upon appeal, petition for citation must be presented, 4126 Form of issue devisavit vel non must be set forth in petition, 4127 Applicati'ons for issue must be put on a list — Judge of the orphans' court sits as examiner, 4128 1336 INDEX. (The references are to the Sections.) Wills — continued. How testimony is taken in Philadelphia on application for issues, 4129 In Philadelphia the judge hearing testimony as to issue shall decide thereon — His decision subject to ex- ception, 4130 The testimony taken by the stenographer filed, 41 31 Executors and administrators to advertise grant of letters, etc., 4134 Inventory to be filed in thirty days — Account in one year, or when legally required — In cases of foreign wills, the inventory and account to be of goods within this state, 4i35 Subsequently acquired assets to be inventoried in four months from discovery, 4136 Inventory to include all personal property, 4137 Appointment of a debtor as executor does not release the debt, 4138 Rents due to a tenant for life, shall be vested in his exec- utor or administrator, 4^39 Rents due to any tenant shall be put in inventory, 4140 Estates /^r auter vie to be included in inventory, 4141 Inventory of goods sold at public sale to be filed, 4142 Duties, rights and powers of executors and administrators, etc., 4155 Sale of real estate under power in will, 4170 Who may exercise it, 4170 As to investments made by decedent, 4172 Executor must file account in one year, though will allows longer, 4230 When executor stakeholder between charity and heirs — Expenses, 4266 When sale of real estate under power in will brings less than full value, 4268 Debt due by executor, 4277 Contest over a will — Costs, 4288 Result of neglect when executors were jointly enjoined by will to perform certain duties, 4296 INDEX. 1337 (The references are to the Sections, } Wills — continued. Pecuniary legacies to abate in proportion, if not sufficient after discharging debts, etc., 4328 Unless provided otherwise by the will, 4328 Father may appoint testamentary guardian for unmarried child, 4375 Except where, for one year prior to his death, he has refused to support his child, 4376 When mother may appoint testamentary guardian, 4377 Putative fathers cannot appoint by testament, 4377 If the will create a trust as a personal relation, to con- tinue only so long as the appointee desires to serve, the court 'cannot on withdrawal of the trustee make a new appointment, 45°° Testator's will cannot relieve executors from liability for mismanagement, 4522 Where a husband elects to take against the will of the ^vife, 4565 Statutory provisions as to wills of married women, 45^5 Where an election is compelled by a court under incon- sistent provisions in a will, or under a will, good in one jurisdiction, but void in some other state, 4569 As to claims adverse to the estate — Election, 457° All powers, etc., as to realty in any will not given to any person shall be exercised by executors under direc- tion of orphans' court, 4687 A naked authority to executors to sell real estate shall give power to sell, and remedy by entry as if the land had been devised to them to be sold, saving testator's right to direct otherwise, 4688 Acts of administrator in good faith not to be impeached by establishment of a will, 4691 When testator directs real estate to be appraised and sold, or devises it to any persons at an appraise- ment, and has not directed how appraisement is to be made — Any party in interest may apply to orphans' court, 4694 When real estate sold by executors,^ proceeds may be paid into court, 47^5 1338 INDEX. (The references are to the Sections.) Wills — continued. The decree of register probating will both as to person- alty and realty cannot be collaterally attacked, 4967 The decree of register refusing to probate cannot be col- laterally attacked, 4967 Testator may provide that the costs and expenses of a contest over his will shall be paid by contestants, 4982 An attachment will not issue for failure to obey a citation to produce an alleged will, 4990 See Executors, Ntjncupative Will, Trusts and Trustees. \Vitness. Witnesses, subscribing, oath, of required to probate will, 3969 Witnesses, attesting, oath of required to probate will, 3969 Register may cite witness to prove execution of will, 3982 Register may issue commission to take depositions of witnesses, 3983 Wills proved here by two witnesses, and copies of wills proved elsewhere under seals of the offices where proved and here recorded, shall pass lands and goods — Executors may sue, etc., 3984 If the will be here and the witnesses abroad, 3987 Witnesses to nuncupative will, 3996 Witnesses, subscribing — Oath of — Form, 4030 Witnesses, subscribmg — Proof of signature of— Form, 4031 Witnesses, attesting — Oath of — Form, 4032 Bill of costs for attendance of witnesses, 4982 Writs. All writs, etc., to be attested in name of president judge, 3801 Process may be awarded to collect fines, etc., 3802 Subpoenas may be issued into any county, 3805 Citation may issue on petition, 3807 Citation may be served by party, agent or sherifr,etc. , 3808 Manner of service, 3809 When service may be made on surety, 3810 Return to citation, when it must be under oath, 381 1 Return to citation must state manner of service, 38 11 INDEX. 1339 (The references are to the Sections.) "Writs — continued. When alias citation to issue, 3812 Order' of publication of alias citation, 3813 On proof of service or of publication, court may proceed, 3814 Decree /ri? confesso may be entered, 38 iS Auditor may be appointed, 3815 On auditor's report court may decree, 3816 Sequestration — Attachment — Fi. fa. may be issued to enforce a decree, 3817 How sequestration or attachment to be executed, 3818 Form of sequestration, 3819 Sequestration not to abate by death, 3820 Duty of sheriff receiving sequestration, 3821 I^ien of sequestration, 3821 Fi. fas. to be executed by sheriff or coroner, 3822 When sequestration or attachment may issue in the first instance, 3823 When they may be dissolved, 3824 When trust property may be taken possession of by sheriff, 5825 When debts due to a trust, stocks, etc., may be attached, 3825 If no petition presented on . behalf of defendant, final order may be made in sequestration proceedings — Fi. fa. may be awarded, 3830 Testatum writs — Power to issue, 3831 Testatum fi. fa. may be issued in same manner ■xs.fi. fas. are allowed by act of March 29, 1832, 3832 Service of writs may be made on administrator upon execution of his bond, 4099 See Execution, Process, Service. Citation, R^yURN.