54 Pa. Super. 535 | Pa. Super. Ct. | 1913
Opinion by
The facts of this case are clearly stated in an orderly manner in the opinion of the learned judge of the orphans’ court, and need not be restated by us. The surcharge complained of was not on account of money which the administrator had not collected, but on account of money which he claimed the right to collect as administrator, and which the parol testimony clearly shows was paid to him because he was administrator and would not have been paid to him otherwise. Great stress is laid by appellant’s counsel on the fact that he signed the check by which the money was withdrawn from the bank, not only as administrator of the estate of Frank Fredrick, but also as attorney in fact for Katrina Fredrick. But the power of attorney given by the latter was not to collect the money in bank, but “to take out letters of administration upon the estate of Frank Fredrick,” and the authorization “to commence legal proceedings of any kind whenever necessary” evidently had reference to the accomplishment of the main object of the power, namely, the taking out of letters of administration upon the estate of the decedent. Hence, the signing of the check in the manner above indicated does not militate against the conclusion that the money was paid to him in his capacity as administrator, as the uncontradicted testimony of the bank officers shows it was. Further, that he claimed the money as administrator, and that it was paid to him in that capacity, is shown by the fact that he caused it to be inventoried as the sole asset of the estate of the decedent, the entry in the inventory, which was shown to be in his handwriting, being, “In the hands of M. Morris Moskovitz, Administrator of the above Estate — Cash—(One thousand and Two 34-100) $1,002, 34-100.”
“Presumably every item of property an executor has included in his inventory belongs to the estate, and for all such he must account. The inventory is an admission on his part that the property embraced in it came into his possession as the legal representative of the testator:”
Upon a view of all the pertinent considerations, we are unable to conclude that the money in the present case was
The decree is affirmed at the costs of the appellants.