177 Pa. 441 | Pa. | 1896
Opinion by
Without assenting to all that has been said by the learned judge of the orphans’ court in support of the decree from which this appeal has been taken, we are satisfied that, in the circumstances, there was no error in refusing to permit the appellants —executors of Joseph Baker, deceased — to participate in the distribution. It was undoubtedly incumbent on them to show that as a creditor of the estate of Martin Houser, deceased, or in some other capacity, their testator had a valid claim on the fund in question, or on the property which it represents. They
The auditor in this case found that by virtue of the order of court removing one of the executors of Martin Houser, in 1871, Joseph Baker became sole executor and acted in that capacity until his death in 1884, after which he was succeeded by John Dale, the present administrator, de bonis non, etc. In March, 1894, — after the death of Martin Houser’s widow, — the real estate of said deceased, as directed by his will, was sold for $4,000. Thereupon, the administrator de bonis non, etc., filed a final account showing $4,250.95 balance for distribution. About $585 of this sum represents income or rent of farm, and the residue $3,665.95 represents net proceeds sale of the farm. The above balance is the fund in which appellants claim the right to participate.
It appears, as we have seen, that the account, showing balance claimed by appellants, does not purport to be a final account of their testator as sole executor of the estate of Martin Houser. On the contrary, it is specifically designated as his “ fourth partial account,” etc. It is also expressly found as a fact that for nearly two years after filing said account, and down to the date of his dea/th, he continued to act as such executor. To what extent he received and disbursed funds of the estate during that period, or what was the state of his account at the time of his death, does not appear. The only way in which these facts could have been regularly shown would have been by a final account stated and filed by his personal representatives, and adjudicated by the proper court. For aught that appears in this case, the balance referred to may have been and probably was adjusted and paid by funds of the estate which came into
This view of the case renders it unnecessary to consider other questions presented by the specifications of error.
Decree affirmed and appeal dismissed at appellants’ costs.