Estate of Padelford

Citations

• 189 Pa. 634
• 42 A. 287
• 1899 Pa. LEXIS 711

Syllabus

<p>Wills—Administration d. b. n. o. t. a.—Appointment of administrator c. t. a.—Act of March 15, 1832, sec. 22.</p> <p>Where the executors of a will are dead, and each of several applicants for administration d. b. n. c. t. a. objects to the granting of letters to any of the other applicants, the register of wills has no power to issue such letters to a stranger, but, under the Act of March 15, 1832, P. L. 140, sec. 22, he must issue them to such one or more of those entitled to the residue of the estate as he shall judge will best administer the estate, or to such person as those entitled shall nominate.</p> <p>Where the register of wills has erroneously issued letters of administra^tion to a person not legally entitled to them, the orphans1 court has power to vacate the letters granted, and to direct the register to issue letters to the proper person.</p>