381 Pa. 607 | Pa. | 1955
Opinion
The basis of plaintiff’s claim in this action in trespass might well be characterized as unusual, if not unique. She alleges that her father, William A. Toots, died testate in 1949. His executor, Abraham T. Needle-man, resigned after two months; plaintiff was appointed administrator d.b.mc.t.a. and has acted in that capacity ever since. Needleman operated the decedent’s funeral supply business during his executorship, but without authority of the Orphans’ Court, and plaintiff continued such operation. At the time of her appointment defendant entered a bond as her surety; it was to the Commonwealth of Pennsylvania in the usual form, conditioned upon plaintiff making a proper inventory of decedent’s goods and a just and true account of the administration of the estate and paying the assets of the estate to the persons found to be thereunto entitled on distribution; it was executed by plaintiff and by defendant. The estate maintained a deposit account in The Land Title Bank and Trust Company, to which a notice was given, signed by plaintiff and defendant,- stating that all checks drawn against the funds therein should be honored only upon defendant’s written approval thereof. Defendant countersigned various checks drawn by plaintiff in the course of the operation of the business. The Land Title Bank and Trust Company having refused to continue the account, a new deposit account was opened in the Boosevelt Bank of Philadelphia and a similar notice was given it by the parties in regard to the necessity
Defendant filed preliminary objections to the complaint in the nature of a demurrer. The court sustained the objections, dismissed the complaint, and entered judgment for defendant. Plaintiff appeals.
It is difficult to comprehend upon what theory plaintiff predicates her alleged right of action against defendant. The bond filed by the two parties made them responsible, not to one another, but to the named obligee, the Commonwealth, for the proper administra
Judgment affirmed.