Hill's Estate

Citations

• 32 Pa. Super. 508
• 1907 Pa. Super. LEXIS 43

Syllabus

<p>Executors and administrators — Administrator d. b. n. — Fraud—Distribution.</p> <p>Where the assets of an estate of a decedent were misappropriated by an insolvent deceased administrator, and a suit begun at the instance of an administrator d. b. n., is pending against the sureties on the bond of the insolvent deceased administrator, the orphans’ court cannot direct that the balance for which the deceased administrator and his surety are liable shall be awarded to the guardian of the heir of the decedent, rather than to the administrator d. b. n., particularly where the guardian and the administrator is the same person and demands that the award be to him as administrator. The award should be made to the latter in order to enable him to continue the pending litigation; otherwise the collection of the'money might be imperiled, if not defeated.</p>