22 Pa. 514 | Pa. | 1854
This is a contest between Mr. Dent, the administrator of the domicil, and the persons entitled to the fund as distributees. The fund in Court seems to have been raised from the sales of real estate in Pennsylvania, and to have been collected by Mr. Morris, to whom letters of administration were granted here. By the Act of 15th March, 1832, it is provided that “where the decedent had no residence in this Commonwealth, letters of, administration are to be granted by the register of the county where the principal part of the goods and estate of the decedent shall he; and no letters testamentary or of administration, or otherwise, purporting to authorize any person to intermeddle with the estate of a decedent, which may be granted out of this Commonwealth, shall confer upon such person any of the powers and authorities possessed by an executor or administrator under letters granted within this state.” The domicil of the decedent was in the District of Columbia, and Mr. Dent may therefore be designated as the home administrator. As the assets arise from real estate in this Commonwealth, and were collected by Mr. Morris under letters granted according to our own laws, the latter may be called the foreign administrator. They are occasionally described by different terms — the administrator of the domicil is sometimes called the principal, and sometimes the primary administrator— and the administrator of the situs is frequently called the auxiliary and often the ancillary administrator. But it does not matter what terms are used to designate the distinction in fact, as to the objects of the different administrations, so that we guard ourselves against the conclusion that there is a distinction in law as to the rights of the parties entitled as distributees. It was truly said by the judge who delivered the opinion of the Court in Harvey v. Richards, 1 Mason R. 381, that “ there is no magic in words ; and that each of these administrations may properly be considered as a principal one, with reference to the limits of its exclusive authority ; and each might, under circumstances, justly be deemed an auxiliary administration.” Although the right of succession to personal estate of an intestate is to be regulated by the law of the country in which he was domiciled at the time of his death, it is fully settled that the administration of the estate must be in the country in which possession of it is taken and held under lawful authority: 1 Williams’ Ex. 356; 8 Cl. & Fin. 1; 1 Dowl. & Ryl. 35; 1 Vern. 397; Story’s Confl. of Laws, ch. 13, s. 518. The administrator, under a foreign grant, has a right to hold the assets received under it against the home administrator, even after they have been remitted to this country: 1 Williams’ Ex. 357; 2 Ib. 1415. And though the right of the home executor or administrator to an ancillary probate or grant of administration in a
It is conceded that where there are domestic claimants upon the fund, their rights must be protected here, and they must not be put to the expense or dangers of following it into a foreign jurisdiction. But who are domestic claimants ? Is residence within the state necessary to give a suitor in our Courts a right to be heard, and to have justice done to him according to law without delay? If a citizen of a sister state of the Union, or an inhabitant of a district or territory subject to the same general government to which we all owe allegiance, comes into our Courts asking for
In the case before us, there are no creditors of the decedent remaining unsatisfied. Two-thirds of the distributees demand distribution here, and object to the delay and expense of remitting the fund to the administrator of the domicil. No one objects to the distribution here except Mr. Dent, the administrator of the domicil, and the only reason which he urges .seems to be that he wishes to charge the fund with the expenses of collecting and distributing it. With regard to the expenses of collecting, they depend upon the local law and usages, and are regularly to be settled by the Court, under whose authority they were incurred: Jennison v. Hapgood, 10 Pick. 101. Upon inspection of the account of the administrator here, it would seem that these expenses have already been allowed. If so, it would be unjust to allow a double charge for the same services. The expenses of distribution have not been incurred by Mr. Dent, and an administrator can have no just claim to the possession of a fund merely for the purpose of promoting his own interest. He is a trustee for others, and whenever 'the fund is placed in his hands, it is for a purpose beneficial,
It may be possible that Mr. Dent, in the capacity of agent, under the local administrator, has rendered services for which be has not been compensated. It may also be possible that he has rendered services before that administrator was appointed, which are equitable charges upon the fund in Court. Those claims, if they exist, should regularly have been presented to the local administrator for adjustment; but they may have been omitted by Mr. Dent, through a misapprehension of Ms rights. If so, this Court, on application within ten days for the purpose, will appoint an auditor to ascertain the amount, if any, which should be allowed for these services. The decree of the Orphans’ Court is confirmed, unless application for an auditor he made within ten days.
Decree confirmed, nisi, &c.