McFarlin's Estate

Citations

• 267 Pa. 510
• 111 A. 444
• 1920 Pa. LEXIS 900

Syllabus

<p>Executors and administrators — Voluntary distribution — Illegitimates— Inheritance from mother — Seven years’ absence — Presumption of death — Act of March 20, 1908, P. L. 70 — Bill of review — Distribution—Surcharge—Interest.</p> <p>1. The administrators of an unmarried woman, who filed their account within seven months of her death, showing voluntary distribution of the estate to the next of kin, are liable, on a bill of review, to an illegitimate son of decedent, who had no notice of any proceedings in his mother’s estate.</p> <p>2. In such ease, where it appears the county in which his mother died had never been the home of the illegitimate, the mere fact that the accountants had heard nothing of him for over seven years, although one of them knew of his birth, raised no legal presumption of his death.</p> <p>3. The Act of March 26, 1903, P. L. 70, has no application to such case. It does not include eases of illegitimates where money has been paid to and received by collateral heirs.</p> <p>4. The court below held that the accountant should be surcharged with interest, but this question was not raised on appeal.</p>