Piper's Estate

Citations

• 208 Pa. 636
• 57 A. 1118
• 1904 Pa. LEXIS 817

Syllabus

<p>Decedent’s estate — Distribution—Executors and, administrators — Refunding bonds.</p> <p>Distribution by the orphans’ court of a balance shown by the account of an executor or administrator is a quasi proceeding in rem, binding upon the whole world, and especially binding those who are actually parties or but for their own act or laches might have been parties.</p> <p>Where distribution is awarded to a legatee or distributee or where the court approves a previous distribution made voluntarily, the executor or administrator has no right to demand a refunding bond, and as a necessary consequence cannot be made liable for not having done so.</p> <p>Mortgage — Presumption—Decedent’s estates — Distribution.</p> <p>Where land is conveyed under and subject to a mortgage created by the grantor, and for more than thirty years after the mortgage became due and until after the death of the obligor in the bond accompanying the mortgage, interest is paid by the obligor and his successors in title to the land, and the executors of the obligor voluntarily pay legacies, without taking refunding bonds, and no claim is made on the bond at the audit of the executor’s account, the mortgagees cannot subsequently claim either from the executors or the legatees, a deficiency resulting from a' sheriff’s sale of the land for less than the amount of the mortgage.</p>