Hanbest's Estate

Citations

• 21 Pa. Super. 427
• 1902 Pa. Super. LEXIS 376

Syllabus

<p>Executors and administrators — Appointment after Uuenty-one years — Act of March 15, 1832, P. L. 135.</p> <p>The act of March 15, 1832, which provides that “ no letters of. administration shall in any case be originally granted upon the estate of any decedent after the expiration of twenty-one years from the day of his decease except by the order of the register’s (orphans’) court upon due cause shown,” applies not only to cases in which no letters of administration have been previously granted, but also to cases in which previous letters have been issued. The word “ originally ” in the act is synonymous with the expression “ in first instance.”</p> <p>Partition — Sale of real estate — Executors and administrators — Act of February 24, 1834, see. 44, P. L. 70.</p> <p>Where letters of administration have been granted in violation of the proceedings of the act of March 15, 1832, and such persons have been appointed under the act of February 24, 1834, qua administrators to sell real estate without reference to their suitability, the appellate court will vacate the order, and remit the record so that suitable persons within the meaning of the act of February 24, 1834, may be ascertained and appointed.</p>