Sheets's Estate

Citations

• 215 Pa. 164
• 64 A. 413
• 1906 Pa. LEXIS 756

Syllabus

<p>Executors and administrators — Administrator d. b. n. c. t. a. — Trusts and trustees — -Will.</p> <p>Where a will creates an active trust in the executor for the administration and distribution of the estate among the children of the testator, and the executor dies before the trust is executed, the administrator d. b. n. c. t. a. of the testator is entitled to the fund, and the court has no authority to appoint a trustee to take the fund as against the administrator d. b. n. c. t. a. In such a case the fact that distribution under the will is postponed until the death of the children is immaterial as affecting the right of the administrator d. b. n. c. t. a. to the fund.</p>