Hibberd v. Bailey

Citations

• 129 F. 575
• 64 C.C.A. 143
• 1904 U.S. App. LEXIS 4073

Syllabus

<p>1. Administrator — Right to Recover on Bond op Predecessor.</p> <p>Under the statute of Pennsylvania, an' administrator d. b. n. is authorized to demand and recover from his predecessor in the administration, or the sureties on his bond, all money due and belonging to the estate of the decedent.</p> <p>2. Bankruptcy — Provable Claims — Liability as Surety.</p> <p>Where an orphans’ court in Pennsylvania entered a decree nisi adjudicating the account'of an administrator and directing a distribution, which decree was afterward “confirmed absolute,” but later suspended as to the distribution, and the administrator directed to hold the “balance shown by said account” until further order of the court, such decree fixed the amount of the administrator’s liability to the estate, and also that of the surety on his bond; and an administrator d. b. n. subsequently appointed, to whom the first administrator has been ordered by the court to pay over such amount, may prove the same in bankruptcy against the estate of the- surety as a fixed liability evidenced by such decree, absolutely owing to the estate, within the meaning of Bankr. Act July 1, 1S98, c. 541, § 63a, 30 Stat. 562 [U. S. Comp. St. 1901, p. 3447].</p> <p>If 1. See Executors and Administrators, vol. 22, Cent. Dig. §§ 488, 2521.</p>