Gotwald v. Small

Citations

• 242 Pa. 239
• 88 A. 1015
• 1913 Pa. LEXIS 871

Syllabus

<p>Decedents’ estates — Jurisdiction O. G. — Residuary estates — Distribution — A ction f or residuary legacies.</p> <p>1. A common law action cannot be sustained against an executor or administrator to recover a distributive share of the residuary estate of a decedent. Exclusive jurisdiction to determine questions relating- to the proper distribution of a decedent’s estate is vested in the Orphans’ Court.</p> <p>2. In an action by a residuary legatee to recover from an executor plaintiff’s share of a decedent’s residuary estate, judgment must be entered for the defendant whore it appears that by the terms of testator’s will the principal of the plaintiff’s share is to be held in trust by the executor, the income only to be paid to her as it accrues during her life.</p>