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· 10/26/1914

Stambaugh's Estate

Citations

  • 246 Pa. 555
  • 92 A. 715
  • 1914 Pa. LEXIS 554

Syllabus

<p>Decedent’s estates — Executors and administrators — Inventory— Account — Removal—Judicial discretion.</p> <p>1. While the Act of May 1, 1861, P. L. 680, makes the failure to file a true and perfect inventory of the personal property of a decedent, a dereliction for which ah executor or administrator may be discharged, but leaves it in the discretion of the court whether so severe a consequence shall follow, the law does not for this reason look indulgently upon such omission.</p> <p>2. Where in a proceeding for the removal of an executrix it appeared from the petition and answer that a very considerable part of the estate had been omitted from the inventory, and that the executrix had without excuse failed to settle her account for more than three years, the decree of the Orphans’ Court refusing to remove the executrix was amended so as to require such executrix to file a true and perfect inventory, and a just and true account within sixty days.</p>

Judges: Elkin, Mestrezat, Moscitzisker, Potter, Stewart

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