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· 3/12/1919

In re Shontz' Estate

Citations

  • 71 Pa. Super. 295
  • 1919 Pa. Super. LEXIS 94

Syllabus

<p>Wills — Delegation of authority to appoint executor — Appointment of administrators c. t. a.</p> <p>Where a testator has made a codicil to his will providing “I hereby add this codicil, instead of having my daughters Hattie and Ruth appointed executors, I ask the Court to appoint the executors” and the register of wills, under such authority, appoints a trust company as administrator c. t. a., his action will not be reversed, on appeal, where the only parties to the controversy are two life tenants, with power to consume the residue, and the trust company must be regarded as the nominee of one.</p> <p>Wills — Right to letters of administration — Residuary legatee— Appointment of stranger.</p> <p>While one who is entitled to one-half of the residue of the estate for life, with power of consumption, is a residuary legatee, and as such, entitled to the right to administer the estate, where the intent to be gathered from the terms of the will is against the appointment of such person, the appointment of a stranger is not erroneous.</p>

Judges: Head, Henderson, Kephart, Orlady, Porter, Trbxler, Williams

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