176 A. 225 | Pa. | 1934
The court below was of the opinion that, under the Act of June 7, 1917, P. L. 447, section 2 (c), as amended by the Act of May 13, 1925, P. L. 687, where a spouse survives *88
the deceased the "statute . . . is explicit that the survivor be preferred over all other persons" in appointment as administrator. The Act of 1917 reenacted the Act of March 15, 1832, P. L. 135.1 In granting letters, the register acts in a quasi judicial capacity: Phillip's Est.,
While under the act a spouse has a prima facie right to administer (Hassinger's App.,
Historically, the right of administration was placed on the ground of interest in the estate. Early judicial construction of the Act of 1832 stated: "The right to administration is put expressly on the ground of interest, on the reasonable presumption that the person most interested to increase the estate is most competent to administer": Ellmaker's Est., 4 Watts 34, 38. The same principles are expressed by Justice WOODWARD in Kellberg's App.,
In addition to the fact that she is required to have an actual interest in the estate, she may be further disqualified by being unfit to administer. Among these disqualifications *90
are insolvency,6 nonresidence,7 conviction of crime,8
claim of interest hostile to the estate,9 unfriendly feeling between the parties,10 dissatisfaction and antagonisms between the widow and the children.11 It is apparent from the decided cases that the appointment of the surviving spouse is not mandatory in all cases. That they have a prima facie right so to act is without question; the register may not lightly set aside any one within the class entitled and prefer one in a remoter class or a stranger. Appointees as administrators must not possess any of the disqualifying characteristics mentioned. In Warner's Est.,
The only difference which we would make between the order in the last named case and here is this: here Charles *91 A. O. Friese left a will wherein his children were appointed executors. They had practically completed their administration and the estate was about to be closed. Meanwhile an attack was being made on the will and it was set aside, which left the estate open for the appointment of an administrator. Under these circumstances the register would be well within his discretion to permit those named executors to continue, as administrators, the management of the estate by filing their account and closing it up. There is nothing further to do to terminate the administration. The widow is not entitled to administration. Not only does her antenuptial agreement, if it is valid, bar any interest, but if it is invalid, she has a direct claim against the estate because of its invalidity. In the latter case she must remove the antenuptial agreement as an obstacle to her claim in the estate. The record also shows sufficient differences and animosities between the parties to make it imperative, were the estate not administered, to appoint a disinterested administrator who would protect the interests thereof.
The decree is reversed with a procedendo.