Lowrie v. Dollar Savings & Trust Co.

Citations

• 266 Pa. 135
• 109 A. 607
• 1920 Pa. LEXIS 520

Syllabus

<p>Pxecutors and administrators — Payment to executor before letters are issued — Ground of executor’s authority.</p> <p>1. An executor in Pennsylvania has no authority to collect the debts of his testator until the will has been duly probated and letters testamentary issued to him. A payment made to him after the death of the testator and before the issue of letters, is not a good payment to the estate.</p> <p>2. A man’s estate really passes into the hands of the law for administration as much when he dies testate as when intestate, except that, in the former case, he fixes the law of its distribution after payment of debts, and usually appoints the persons who are to execute his will. But even this appointment is only provisional, and requires to be approved by the law before it is complete; and therefore the title to the office of executor is derived rather from the law than from the will.</p>