Ruddy's Estate

Citations

• 37 Pa. Super. 533
• 1908 Pa. Super. LEXIS 323

Syllabus

<p>Executors and administrators — Appointment of administrator d. b. n. c. t. a.</p> <p>A petition for the appointment of an administrator d. b. n. c. t. a. in order to charge a money legacy on land devised to another is properly dismissed where the petition does not allege that any assets of the estate had been discovered after the executor filed his account, nor that the estate had not been fully administered, nor that there were any moneys, goods or assets remaining in his hands due to and belonging to the testator’s estate, nor that any promises had been made to him in his representative character upon which an action would lie, nor that any judgment obtained by or in the name of the executor remained unsatisfied. In disposing of such a petition the court may consider the nature of the legacy and pass upon the question whether it was a charge on the land devised.</p>