McCalmont's Estate

Citations

• 242 Pa. 578
• 89 A. 687
• 1914 Pa. LEXIS 695

Syllabus

<p>Practice — Executors and trustees — Removal—Survival of actions — Act of May 1, 1861, P. L. 680 — Act of February 24, 1884, Secs. 26, 27, P. L. 70.</p> <p>1. Proceedings for the removal of an executor and trustee under the Act of May 1, 1861, P. L. 680, are directed against the delinquent personally and do not survive his death.</p> <p>2. The Act of February 24, 1834, Sections 26 and 27, P. L. 70, providing that the executors or administrators of any person, who at the time of his decease was a party plaintiff, petitioner, or defendant in any action or legal proceeding pending in any court of this Commonwealth shall have power, if the cause of action does by law survive, to become a party thereto and may be required to become a party, does not apply to proceedings under the Act of May 1, 1861, P. L. 680, and where such proceedings under the latter act against an executor are still pending at the time of his death, the court does not err in dismissing a petition subsequently filed praying that the executrix of such deceased executor be made a party thereto and file an account.</p> <p>3. In such case the plaintiff’s remedy is by surcharging the delinquent executor in an account filed by his personal representative, as if he had filed the account himself, and by obtaining a decree for the assets found to be in the executor’s hands.</p>