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· 4/12/1909

Weidner's Estate

Citations

  • 39 Pa. Super. 120
  • 1909 Pa. Super. LEXIS 449

Syllabus

<p>Executors and administrators — Grant of letters — Renunciation.</p> <p>1. An oral renunciation of a right to administer, when acted upon may so far estop him who makes it that at his instance, letters granted in pursuance thereof will not be revoked except as a matter of discretion.</p> <p>2. A son of an intestate has no standing to demand that letters of administration granted to his sister shall be revoked, where it appears that he knew of his sister’s application for letters, and that although she proposed to him that notwithstanding her pending application, he should take out letters, yet he not only declared to her that he would not do so, but expressed to her his assent to her going on with her application and taking out letters under it, and thereafter made no objection thereto until after letters were granted to her, and her bond was approved, although he had ample opportunity in the meantime to do so. In such a case the renunciation may be inferred from the mere oral declarations of the son.</p>

Judges: Beaver, Head, Henderson, Morrison, Orlady, Porter, Rice

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