Estate of Transue

Citations

• 141 Pa. 170
• 21 A. 502
• 1891 Pa. LEXIS 1058

Syllabus

<p>(a) Real estate of a decedent was sold in the course of partition proceedings, by his administrators appointed trustees for that purpose. Out of the proceeds of the realty, the trustees paid all known debts, distributed the balance remaining to the heirs at law without taking refunding bonds, and settled an account duly confirmed.</p> <p>(&) Six years afterward, creditors obtained judgment against the administrators for a debt of their intestate of which they had not been informed when they settled their account. The plaintiffs then proceeded in the Orphans’ Court by petition and citation upon the administrators, to show cause why they should not be required to pay said judgment:</p> <p>1. The respondents, acting, in making sale of the real estate, not as administrators, but as trustees for a purpose foreign to their office as administrators, -were not liable in this proceeding as for a devastavit, in not taking refunding bonds from the distributees, and the petition was therefore properly dismissed.</p> <p>2. Whether the respondents were liable to the petitioners upon the bond given by them as trustees, conditioned for the faithful distribution of the proceeds of sale according to law, etc-,, not decided, because, in the present proceeding, the trustees, as such, were not in court and the court had ■ no control over them.* Per Schuyler, P. J.</p>