199 Pa. 35 | Pa. | 1901
Opinion by
Sophia Yung died April 19, 1890, intestate, unmarried and without issue. On April 29, 1890, letters of administration on her estate were granted to John Ruhl, one of the appellants. These letters were issued to Mm upon his petition to the register of wills, setting forth that Magdelina Ruhl was the only sister and next of kin of the deceased, which statement she also made in her renunciation of her right to administer. On July 2,
On this appeal, no question seems to be raised as to the power of the court to vacate the decree made in the first adjudication and to make the present one, which includes these appellees in the distribution, provided they have, by sufficient evidence, established their relationship to the deceased. The sole ground for reversing the decree, as presented on the argument, is, that the relationship of the appellees has not been legally established.If it is established, no other question can be fairly raised. In the exercise of its equitable powers, and controlled by equitable principles, the orphans’ court, when invoked for equitable relief in a case calling for it so loudly and so justly as the one now before us, will extend it independently of any statute. We need, therefore, do no more than pass upon the sufficiency of the evidence offered in support of the relationship which the appellees claim they sustained to the deceased, and this can be done in a few words.
The testimony of witnesses called before the examiner was sufficient, unaided by the certificate of inheritance from the grand duchal district court in Oppenheim, to establish the relationship of Christina Korb and Daniel Groh as the grandniece and grandnephew of the deceased, and nothing more need be said as to them. Without the certificate of inheritance, it is admitted that sufficient testimony had not been offered to prove that Johann Krebs, one of the appellees, is a son of Anna Marie Krebs, a deceased'sister of Sophia Yung. . This certificate is entitled “ a certificate of inheritance,” and, upon the strength of statements made by certain persons who appeared before the grand duchal district court in Oppenheim, it was officially certified by the grand duchal district judge and the clerk of the court, under its seal, that the relationship claimed by Johann Krebs had been established. It is manifest, from an inspection of the certificate, that this foreign court undertook to determine who
The sureties on the administration bond of Ruhl have united with him in this appeal. This they may do; but the decree that fixed the liability of the trustee, for whose fidelity they vouched, determined theirs. When they became bound for him, they assumed the risk of a decree against him, the consequences of which might fall upon them. Though they were not heard in the proceedings in which it was made, if made properly there, with the trustee heard, or given an opportunity to be heard, their liability is inevitable upon his default.
This record is free from error. The decree below was properly made; the appeal from it is dismissed at appellants’ costs, and it is now affirmed.