Ubil v. Miller

Citations

• 16 Pa. Super. 497
• 1901 Pa. Super. LEXIS 99

Syllabus

<p>Wills — Probate—Grant of letters of administration — Res adjudicata.</p> <p>The granting of letters of administration by the register of wills is a judicial act, and can be set aside only on an appeal from his action in the matter. Such letters cannot be attacked in a collateral proceeding.</p> <p>Where letters of administration have been granted in one county, and such letters have not been revoked, or the register shown to have had no jurisdiction in granting them, and no vacancy in the administration has occurred, second letters granted in another county are void, and the administrator who acts under them is without any authority to institute a suit to recover any of the assets of the estate. The fact that the decedent died in the county where the second letters were granted is not conclusive, as it may or may not have been the county of her residence at the time of her death.</p>