McMurray's Estate

Citations

• 256 Pa. 233
• 100 A. 798
• 1 A.L.R. 1242
• 1917 Pa. LEXIS 593

Syllabus

<p>Decedents’ estates — Administration—Parties entitled to administer — Register of wills — Discretion—Proper exercise.</p> <p>1. It is the duty of the register of wills in the first instance to grant letters of administration and in the performance of that duty he acts judicially and his selection cannot be disturbed by the Orphans’ Court or on appeal unless his discretion has been abused.</p> <p>2. While an appeal from a decision of the registerof wills granting letters of administration in a certain sense brings the matter complained of before the Orphans’ Court de novo, that court does not, strictly speaking, act originally but is confined to a review of the discretion exercised by the register.</p> <p>3. When the class primarily entitled to administration consists of several persons, it is the duty of the register to grant letters to such one or more of them as he shall judge will best administer the estate. He can grant letters to them all jointly, or to one alone. He is not bound to select the oldest in preference to the youngest of the class.</p> <p>4. Where the register of wills selected from the proper class one admittedly competent as administrator and against whom no objection was made by a majority of those interested in the estate, it was error for the Orphans’ Court to reverse the decree of the register and direct that letters he issued to another member of the class on the ground that insufficient weight had been given to evidence that decedent desired that such person should settle his estate, as the register was not required to give controlling weight to this alleged direction of decedent.</p>