84 Pa. 380 | Pa. | 1877
delivered the opinion of the court,
The court below undoubtedly had jurisdiction to surcharge the administrator with the money on deposit in' the Harrisburg National Bank, as part of the estate of R. Ross Roberts. Whether it was right, under the circumstances, to do so, is a question which is not before us on this appeal, and upon which, .therefore, no opinion is expressed.
But the decree below went much farther, and directed that “ the Harrisburg National Bank pay the said money,' so deposited as aforesaid, into this court, and that upon such payment the said bank be discharged from all further liability to Samuel A. Foot, guardian, or to any other claimant of the same or any part thereof; and further order and decree that, upon payment of said money into court, the same to be paid over to the said administrator for distribution according .to law.” We are of opinion that in this part of the decree the court transcended their power.
It appears that the fund in question was the balance of an insurance on his own life, effected by the decedent and made payable to him, his executors, administrators or assigns. He had assigned the policy, in his lifetime, to a firm, as collateral security for some indebtedness. They had received the amount from the insurance company, and after paying their debt there remained in their hands the sum of §7251.78. Claim was made to this balance by Samuel A. Foot, of Geneva, New York, who had been appointed by the Surrogate Court of Ontario county, in that state, guardian of decedent’s minor children, they having before that time become residents of that county, where they still reside. The adminis
So much of the decree of the Orphans’ Court as declares that the sum of $7251.78, held on deposit by the appellants, is a part of the estate of the aforesaid decedent, and as such legally belongs and is payable only to the aforesaid administrator, and therefore the court do further order and decree that the Harrisburg National Bank pay the said money so deposited as aforesaid into this court, and that upon such payment the said bank be discharged from all further liability to Samuel A. Foot, guardian, or to any other claimant of the same or any part thereof; and further order and decree that upon payment of said money into court the same be paid over to the said administrator for distribution according to law — be and the same is hereby reversed, and that the costs of this appeal be paid by the appellee from the estate of the decedent.