UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY THE STATUTORY LAW OF DECEDENTS' ESTATES IN PENNSYLVANIA WITH ANNOTATIONS AND FORMS. EDITED BY RAYMOND M. REMICK OF THE PHILADELPHIA BAR GEO. T. BISEL CO., PHILADELPHIA, 1922. T COPYRIGHTED, 1922 GEO. T. BISEL Co., PHILADELPHIA PREFACE By the Act of April 23, 1915, (P. L. 177) the General Assembly of the Commonwealth of Pennsylvania authorized the Governor "to appoint a Commission of three persons, learned in the law, and one of whom shall be an orphans' court judge in commission, to codify and revise the law of decedents' estates whether testate or intestate, and to report the same to the next General Assembly, and to recommend such changes in the existing law as may to such Commission seem advisable." Acting under this authority, on October 4, 1915, Governor Brumbaugh appointed Hon. John Marshall Gest, then and now a judge of the Orphans' Court of Philadelphia County, Hon. George E. Alter, the present Attorney General, and Hon. Thomas J. Bald- rige, the President Judge of Blair County, as Commissioners to carry out the purpose of the act. The wjsdom of his choice is best demonstrated by the results of their labor. The Commission appointed Samuel D. Matlack, Esq. of the Philadelphia Bar, its Law Clerk and Secretary, and through him presented its printed report to the Assembly on February I, 1917. It is an indication of the painstaking and valuable work of this Commission that the General Assembly of 1917, enacted without change (except as noted in Section 391 and the end of Section 623 herein) the acts which were offered by the Commission for its con- sideration. The acts were all approved on June 7, 1917, and include the "Orphans' Court Partition Act," (P. L. 337) ; the "Orphans' Court Act," (P. L. 363) ; the "Revised Price Act," (P. L. 388) ; the "Wills Act," (P. L. 403) ; the "Register of Wills Act," (P. L. 415) ; the "Intestate Act," (P. L. 429) ; and the "Fiduciaries Act," (P. L. 447). On the nth day of July, 1917, there were ap- proved two acts one (P. L. 755) amending Clause 2, (a) of the Intestate Act, and the other (P. L. 790) providing that fiduciaries having an interest in any coal-mining lease may, with the approval of the court, sell, assign, alter, modify and supplement the same under the same procedure as that prescribed for the sale of real estate under the Revised Price Act. Several minor changes have also been made by the Legislature in its sessions of 1919 and 1921. Otherwise the code as drafted and presented by the Commissioners remains unchanged, an ever- lasting monument to their industry and ability. Some idea of the iv PREFACE value of this codification and revision to the bar may be gained from the fact that it supersedes two hundred and eighty-seven former acts repealed absolutely or in part. The Commissioners, in their report, embodied certain prelimi- nary notes to the report as a whole and also with respect to each act. Also, in connection with each section as presented, they an- nexed an explanatory remark and a statement as to the former law which the proposed section was intended to supersede, to- gether with a reference to Purdon's Digest where the former act had been annotated, and in certain cases, to the decision of the court which impelled or suggested the proposed change or new enactment. These comments by the Commissioners, are, to the practitioner, of inestimable value in construing the act and apply- ing it to present cases in the light of former precedents. With the consent of the Commissioners these prefatory remarks and sectional notes have been embodied herein verbatim. The value of these notes by the Commissioners, to the bench and bar in construing the acts may be gained from the following extract from an opinion of Mr. Chief Justice Moschzisker in Miles' Est., 272 Pa. 329: "While it is well settled that courts may not resort to views expressed by those who either draft or enact laws, for the purpose of determinng the meaning of the words employed therein (see opinion of the court below in Com. v. Mathues, 210 Pa. 372, 392, and authorities there cited), yet, in order to get at the old law, the mischief and remedy, and properly to understand and construe a statute embodying the latter, the history of the enactment in question may always be considered ; and when the statute under consideration is a general revision, 'the law as therein written will be deemed to be the same as it stood prior to the revision, unless we find from the statute itself, or its history, a clear intention to change it ;' " In re Lis's Estate, 139 N. W. 300, 302, and cases there cited ; also see authorities in 36 Cyc. 1223. The United States Supreme Court has recently decided, in Duplex Print- ing Press Company v. Deering (advance opinion of February i, 1921, pp. 182-3), that the report of a committee, having a bill in charge during its passage, "may be regarded (judicially) as an exposition of the legisla- tive intent in a case where otherwise the meaning of a statute is obscure ;" but it is not necessary to express our views on this point or resort to such an expedient in the case at bar, for, as already shown, when the history of the legislation and all cognate parts of the present act are considered together, the meaning of the statute becomes reasonably clear. We may add, however, that when the report of the commission which drafted the present act (The Intestate Act) is examined, to as- certain what that body was endeavoring to express (a course pursued by this court in McDowell v. Addams, 45 Pa. 430, 433, when construing the PREFACE v old Intestate Act of 1833; see also Whitaker's Estate, 175 Pa. 139, 140-2, and in re Lis's Estate, supra), it is of interest to observe that the notes, on the several sections of the act to which we have referred in this opinion, show the intention of the original draftsmen, so far as the meaning of these parts are concerned, is borne out in the construction placed upon their work by the court below, and concurred in here." No attempt has been made to digest the cases construing the former acts of assembly replaced by the present Code as this has been accomplished in Purdon's Digest, to which reference is herein given. There have been added a digest of the cases con- struing the sections of the acts as the same have been reported, a comprehensive index, table of cases, citation of cases and lists of acts amended or repealed and a collection of forms. This work purports to include all amendatory acts of 1919 and 1921 and all reported cases down to December 31, 1921. The editor acknowledges with thanks the assistance of Harry C. Reynolds, Esq., and Joseph A. Lamorelle, Esq., of the Philadelphia Bar, in verifying the citations of authorities, etc. R. M. REMICK. To THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF PENN- SYLVANIA : The undersigned were on October 4, 1915, appointed by his ex- cellency, the Governor, in accordance with the Act of April .23, 1915, P. L. 177, as Commissioners to codify and revise the law of decedents' estates, whether testate or intestate, and to report the same to the next General Assembly, and to recommend such changes in the existing law as may to such Commission seem de- sirable. We have now the honor to submit our report, which we beg leave to preface with a few explanatory remarks. On March 23, 1830, the General Assembly adopted a joint res- olution, printed in the Pamphlet Laws of 1830, page 408, by which the Governor was authorized to appoint three persons as Com- missioners to revise, collate and digest all such public acts and statutes of the civil code of this State and all such British Statutes in force in this State as are general and permanent in their nature. In accordance with this resolution the then Governor, the Honor- able George Wolf, appointed William Rawle, Thomas I. Wharton and Joel Jones as such Commissioners, who subsequently reported a large number of draft Acts, five of which, relating to our present subject, were substantially adopted by subsequent Legislatures as the Act of March 15, 1832, P. L. 135, entitled An Act Relating to Registers and Registers' Courts ; the Act of March 29, 1832, P. L. 190, entitled an Act Relating to Orphans' Courts ; the Act of April 8, 1833, P. L. 249, entitled An Act Relating to Last Wills and Testaments; the Act of April 8, 1833, P. L. 315, entitled An Act Relating to the Descent and Distribution of the Estates of Intestates, and the Act of February 24, 1834, P. L. 70, entitled An Act Relating to Executors and Administrators. These acts were drafted with great care and consummate skill, and have served for over eighty years as the substratum of our law of decedents' estates and connected subjects; but during this long period of time the law has been amended by the passage of more than two hundred Acts of Assembly, has been elucidated and applied in countless judicial decisions, and has been necessarily affected by the cumulative changes in legal practice and public opinion. The present would therefore seem an appropriate time to re-examine the entire subject, to repeal statutes which are either dead letters in the books or prejudicial in their effect, to consolidate vi REPORT OF COMMISSIONERS vii those that should be retained and to revise the entire system by the cautious introduction of new legislation. The act under which we were appointed uses the words "to codify and revise" ; and as the word "code" is often used in dif- ferent meanings, we beg leave to observe, that as we have under- stood the legislative intention, .we were not expected to reduce to the form of a code those general principles which lie at the basis of jurisprudence, a task that would indeed be beyond our powers, even if its accomplishment were desirable. We have considered that we were merely expected to arrange this branch of the law in an orderly and systematic form, to relieve it from obscurity and in- consistency, and thus to render its application easier and more definite. In our endeaver to fulfil the difficult and responsible task thus imposed upon us, we have in many ways been guided by the ex- ample of the Commissioners of 1830, and particularly in this : We have avoided making any change in the phraseology of the existing statutes unless some definite and substantive change in the purpose of the law itself was intended, even where some other words or expressions might seem better adapted to express that purpose. Our obvious reason has been that the phraseology of the older statutes, much of which the Commissioners of 1830 copied from prior statutes as early as those of 1705, 1794 and 1797, has ac- quired through long use and judicial decision a settled and deter- minate meaning, which should not be disturbed through any de- sire to attain mere elegance of diction; and, indeed, this course was expressly enjoined upon the Commissioners of 1830 by the Resolution of the General Assembly, which provided that in the revision of the statutes "no such change shall be made in their phraseology by which their true intent and meaning shall in any wise be impaired, altered or affected, except in those instances in which it shall be expressly intended and proposed to amend or change the existing provisions of such statutes." This principle has however been adhered to with greater strictness in revising those statutes which relate to substantive law than in case of those which merely regulate procedure; and, throughout, some verbal changes have been made for the sake of brevity and clear- ness, where no alteration of the meaning is involved. Upon another point we would also refer to the judicious language of the Commissioners of 1830, where they stated their belief that the Legislature desired to possess not only a revised viii REPORT OF COMMISSIONERS and consolidated code, but one systematized as to subject matter and arranged into regular and appropriate titles each of which shall contain all that naturally belongs to it and no more. Our duty has been "to codify and revise the law of decedents' estates, whether testate or intestate." As soon, however, as we undertook that duty, we found that it was difficult, if not impos- sible, to perform it without apparently exceeding the scope of our appointment. We discovered that many statutes applied not merely to the estates of decedents, but in a broader way to other subjects ; we could not touch one without touching another, and yet if we omitted such statutes altogether, our work would have been rendered obviously imperfect. For example, the Act of April 1 8, 1853, P. L. 503, commonly called the Price Act, relates not merely to sales of real estate where the real estate has been acquired by descent or will, but also to cases where the title has been acquired by deed, in which case jurisdiction is vested in the Courts of Common Pleas ; and yet by far the greater number of the cases to which the Act applies arise under wills. In this case, we have assumed that our inclusion of such a statute in our work of revision was virtually intended by the Legislature and there- fore submit our report with this explanation. So far as concerns our recommendations for substantive changes in the law, we have endeavored to be conservative, and yet have not hesitated to suggest important changes where we thought them distinctly beneficial. It has been often said, and with truth, that the burden of proof is upon him who advocates a change in the law, and this rule is distinctly applicable to that de- partment of the law which has been referred to us. For the law of decedents' estates in this Commonwealth is and has been for many years, certainly since the Revised Acts drafted by the Com- missioners of 1830, most admirable in its theory, and in practice most satisfactory to the community. We have therefore been careful to limit our recommendations to those changes, which we felt after our careful deliberations and unanimous conclusions would meet with the approval of the representatives of our fellow citizens, and deserve a practical trial. We have further endeav- ored to obtain from those best qualified to make suggestions their aid and counsel, and to this end immediately on our appointment addressed the Judges of the Supreme, Superior, Common Pleas and Orphans' Courts of the Commonwealth, and caused an ad- vertisement of our appointment to be inserted in our principal REPORT OF COMMISSIONERS ix legal journals as notice to the Bar. All the suggestions that we have received in this way have been carefully considered and many of them have been adopted by us. It gives us pleasure also to acknowledge our indebtedness to the Legislative Reference Bureau for much valuable assistance. In thus laying before the General Assembly the accompanying drafts, we would express our fear lest the complexity and diffi- culty of our subject may have caused us to omit matters that should have been included. But we hope that such are not numer- ous or, comparatively speaking, important, and that the work as a whole may meet with the approval of the General Assembly and prove beneficial to the Commonwealth. JOHN MARSHALL GEST, GEORGE E. ALTER, THOMAS J. BALDRIGE, Commissioners. SAMUEL D. MATLACK, Law Clet*k and Secretary. FEBRUARY i, 1917. THE ORPHANS' COURT PARTITION ACT of June 7, 1917 (P. L. 337) Preliminary Note by Commission None of the subjects considered by the Commissioners have needed revision more than that of partition. The Acts of Assem- bly relating to this are numerous and complicated, and the Com- missioners have experienced no little difficulty in their revision. In Sections 2 and 3 of the Act as reported, express provision is made for a citation and notice to the parties interested before an inquest is awarded. In Section 5, and in other sections of the act, more liberal pro- vision is made for the service of citations or notices to parties resident outside of the commonwealth. In Section 6, it is provided that the sheriff's inquisition shall consist of three men, corresponding with the number of commis- sioners. In Section 7, the fees of commissioners and jurors are regulated. In Section 13, it is provided that the allotment of purparts among the parties entitled shall be in accordance with seniority of age, in order to establish a uniform method in all cases. In Section 43, an appeal is authorized from the decree of the court awarding an inquest, which under the present law is held to be interlocutory only. TABLE OF CONTENTS 1917 Section Pamphlet Number Laws Herein The Orphans' Court Partition Act, 337 I Section i. Jurisdiction of Orphans' Court, 339 2 (a) In general, 2 (b) Coal and timber-lands, 340 3 2 PARTITION ACT CONTENTS 1917 Section Pamphlet Number Laws Herein Section 2. Petitioners, 4 Section 3. Citation, 5 Section 4. Parties respondent; notices to unknown parties, 6 Section 5. Service outside of State 7 Section 6. Appointment of commissioners, or award of inquest, 34* Section 7. Compensation and mileage of commis- sioners and jurors, 9 Section 8. Making of partition by commissioners, or inquest, 10 Section 9. Action of commissioners or inquest, where equal partition cannot be made, II (a) Where no division is possible; valuation of the whole, 1 1 (b) Purparts unequal in value, 12 (c) Purparts not equal in number to number of parties entitled, 13 Section 10. Valuation of undivided interest of decedent, 342 14 Section n. Rule to accept or refuse the whole or purparts at the valuation, 15 Section 12. Bids above valuation, 16 Section 13. Allotment in the absence of bids, 17 (a) Order of choice, 17 (b) Offer to next in succession where party entitled fails to appear, or refuses to take, 343 18 (c) Election to take real estate, or share thereof, postpones party as to other shares, or as to real estate in other county, ig Section 14. Permitting residue of premises to remain for parties not appearing 20 PARTITION ACT CONTENTS 3 1917 Section Pamphlet Number Laws Herein Section 15. Allotment to widow as highest bidder,.. 343 21 Section 16. Partition to be firm and stable after final decree, 22 Section 17. Owelty, 344 23 (a) Payment or security, 23 (b) Enforcement of payment by nonresident, 24 (c) Appointment of trustee for parties who are unknown, or cannot be found, 25 Section 18. Widow's interest, 345 26 (a) Interest to remain charged on the premises, 26 (b) Charging widow's interest on particular purparts, 27 Section 19. Other undivided life interests to remain charged on real estate, 346 28 Section 20. Deduction of rental value from shares of parties who have been in possession, 29 Section 21. Rule to show cause why sale should not be made ; decree of sale, 30 Section 22. Combination of rule to accept or refuse with rule to show cause why sale should not be made, 347 31 Section 23. Sales for the purpose of distribution, on petition of all parties interested, 32 (a) In general, 32 (b) Lands in different counties, 348 33 Section 24. Appointment of trustee to make sale,.. 34 Section 25. Bond of executor, administrator, or trustee making sale, 35 Section 26. Discharge of liens by sale, 36 Section 27. Recognizance by purchaser, 349 37 Section 28. No obligation to see to application of purchase money, 38 4 PARTITION ACT CONTENTS 1917 Section Pamphlet Number Laws Herein Section 29. Widow's interest to remain in hands of purchaser, 39 Section 30. Other undivided life interests to remain charged on real estate, 40 Section 31. Appointment of trustee to hold prin- cipal of sum in which there is a life interest, 350 41 Section 32. Procedure where executor, administrator, or trustee becomes incapable, is removed, or dies, 42 Section 33. Appointment of auditor to ascertain liens or incumbrances, 43 Section 34. Account of executor, administrator, or trustee, 351 44 Section 35. Costs and counsel fees 45 (a) In general, 45 (b) In cases of sale, 46 Section 36. Private sales, 47 (a) When ordered, 47 (b) Notice of sale, 48 (c) Setting aside sale, 352 49 Section 37. Lands in adjoining tracts in different counties, 50 Section 38. Lands in different counties, but not in adjoining tracts, 353 51 (a) Where proceedings shall be brought, 51 (b) Service of process and notices, 52 (c) Selection of commissioners or jurors; compensation and mileage, 53 (d) Sales, 54 (e) Proceedings not specially provided for in this section 55 (f) Filing certified copies in other counties,.. 56 Section 39. Recognizances in general, 354 57 (a) Ascertainment of amounts due, 57 (b) Satisfaction, 58 1. Satisfaction of record, 58 2. Remedy for refusing to satisfy 59 PARTITION ACT SECTION i (a) 5 1917 Section Pamphlet Number Laws Herein Section 40. Protection of interests of persons not in esse 60 Section 41. Partition docket, 355 61 Section 42. Partition index, 62 Section 43. Appeals, 63 Section 44. Short title section, 64 Section 45. Repealer 355-63 65 1. TITLE. AN ACT Relating to the jurisdiction, powers and procedure of the several orphans' courts in proceedings for the partition and valuation of real estate, and for the sale of real estate for the purpose of distribution, and the fees, costs and expenses therein. 2. JURISDICTION OF ORPHANS' COURT. In general. SECTION i. (a) Be it enacted by the Senate and House of Rep- resentatives of the Commonwealth of Pennsylvania in General assembly met, and it is hereby enacted by the authority of the same, that the orphans' court of each county of this Common- wealth shall have jurisdiction, but not exclusive jurisdiction, 1 in the partition and valuation of real estate, within the county, of NOTE. This is a new section combining the provisions of the various acts relating to the jurisdiction of the Orphans' Court in partition. The derivation of the different clauses is shown in the special notes below. Special Notes to Section i. a Derived from Section i of the Act of April 21, 1846, P. L. 426, 3 Purd. 3451, which provides that the jurisdiction in cases of intestacy shall not be exclusive, and the proviso to Section 4 of the Act of April 13, 1840, P. L. 320, 3 Purd. 3424, which makes similar provision as to cases of testacy. It seems unnecessary to reenact the provision of those acts that nothing therein contained shall be construed to prevent any of the parties interested in the real estate from proceeding by action in partition (or bill in equity) as theretofore. 6 PARTITION ACT SECTION i (a) any decedent, testate 2 or intestate, 3 whether such decedent was at the time of his death seized or possessed of such real estate solely or as tenant in common or joint owner with any other person or persons, 4 and whether or not the surviving spouse of such de- cedent shall elect to take against his or her will, 8 and notwith- standing there may be a limitation of an estate or interest in 'the premises or some part thereof, to a person or persons not in 'ex- istence ; 6 and several undivided interests in any premises, derived from different ancestors by descent or devise, may be parted or valued in one proceeding in said court : 7 Provided, That such 2 This covers the provisions of Section 4 of the Act of April 13, 1840, P. L. 320, 3 Purd. 3424; Section i of the Act of May 9, 1889, P. L. 146, 3 Purd. 3424; and Section 10 of the Act of April 10, 1849, P. L. 596, 3 Purd. 3424, so far as they confer jurisdiction in cases of testacy. The Act of 1840 gave jurisdiction where the parties interested or any of them were minors or the course of descent was not altered by the provi- sions of the will. The Act of 1889 gave jurisdiction in all cases of testacy, without respect to the minority of the parties or their relationship to the testator. The Act of 1849 gave jurisdiction where the whole or part of the real estate was devised to two or more children. 3 This embodies the jurisdictional provision of Section 36 of the Act of March 29, 1832, P. L. 201, 3 Purd. 3418. This was Section 38 in the draft of the Commissioners of 1830, and was founded upon Section 22 of the Act of April 19, 1794, 3 Sm. L. 143, with various changes. The Commissioners remarked that in this and the ten succeeding sec- tions they had collected all the provisions relating to partition in the orphans' court which were scattered in various acts, and had endeavored to consolidate and arrange them in order. *This covers the first part of Section i of the Act of March 13, 1847, P- L. 319, 3 Purd. 3424. 5 This covers the jurisdictional provision of Section 2 of the Act of April 20, 1869, P. L. 77, 3 Purd. 3423, and that part of Section i of the Act of May 9, 1889, P. L. 146, 3 Purd. 3424, which provides that the or- phans' court shall have jurisdiction in all cases of testacy, without respect to "the fact of a widow's election not to take under the will." 'These words have been added to make it clear that the orphans' court has jurisdiction in such cases. Section i of the Act of June 3, 1840, P- L. 593, and Section 9 of the Act of April 5, 1842, P. L. 234, 3 Purd. 3412-13, refer only to "writs of partition." The second proviso of the Act of 1840 is covered by Section 40 of this draft. (See 60, infra.) The first proviso, as amended by the Act of 1842, is embodied in Section 2, infra. (See 4, infra.) 7 This incorporates the provision of Section i of the Act of February 26, 1869, P. L. 4. 3 Purd. 3425, which was passed because of the decision in Snyder's Appeal, 36 Pa. 166, that the estate of one decedent only could be partitioned in a proceeding in the orphans' court, which had no juris- diction where the tract was held in common by the same parties, partly as devisees of their father and partly as heirs of their mother. PARTITION ACT SECTION i (a), (6) 7 court shall not have such jurisdiction during the continuance of any life estate in the whole of such real estate. 8 8 The proviso is new, being declaratory of the existing law : Lee's Estate, 13 Phila. 291. Where the decedent had, during his lifetime, sold and conveyed certain real estate of which he was the owner in fee, without the joinder of his wife, the court dismissed the widow's petition for the partition thereof after his death, stating, with regard to the purview and scope of the act "The very words of the enactment show that it applies only to the real estate of which the decedent died seized, and excludes from its purview and operation lands of which the decedent did not die seized. The language of the act is so clear that even a layman can understand the same and no canons of construction need be introduced to interpret its purposes or enactments." Per Hughes, P. J., in Stockdale's Estate, 29 Dist. 1013. (Note. This case contains a very extensive discussion of the previous statutes relating to partition in the orphans' court out of which the Act of 1917 was constructed.) "The Act of March 13, 1847, P. L. 319, declares 'The jurisprudence of the several orphans' courts of this Commonwealth, in the partition and valu- ation of real estate, shall extend to any undivided interest, in fee simple, in any lands or tenements of which any person has died or shall hereafter die seized or possessed, as tenant in common or joint owner, with any other person or persons, as fully as if such decedent were solely seized or possessed thereof at the time of his or her death.' This is reenacted in Section i of the Act of June 7, 1917, P. L. 337- The jurisdiction of the common pleas being concurrent with that of the orphans' court in par- tition proceedings, what is necessary in the one is requisite in the other. In partition, whether in the common pleas or in the orphans' court, it is incumbent on the party instituting the proceeding, if practicable to embrace the whole of the undivided realty within the jurisdiction or power of the court. There cannot be inquisitions upon it by parcels' : Stickles vs. Oviatt, 212 Pa. 219. It was clearly practicable to include all of the real estate of the common ancestor in one bill in the court below, and it correctly so held." Opinion of the court in Gilpin vs. Brown, 268 Pa. 398; 112 All. 124. 3. COAL AND TIMBER LANDS. (b) Partition may be made under this act of lands and coal- rights therein, and of lands and timber-rights thereon, of any decedent, whether the rights of all the parties be co-extensive with the whole or not; and whether the rights of some of them extend only to the lands and part of the coal therein, or only to the land and part of the timber thereon, or only to an undivided interest in the land, or in the coal therein or in the timber thereon ; and any person having an interest as herein set forth may compel 8 PARTITION ACT SECTIONS i (fr)-2 partition of the entire tract of land and coal, or land and timber, provided said coal or said timber has not been entirely severed so as to constitute a separate estate. NOTE. This is Section I of the Act of May 6, 1915, P. L. 269, 6 Purd. 7052, amending Section 3 of the Act of May 14, 1874, P. L. 156, 3 Purd. 3449. In the first line, "this act" has been substituted for "existing laws." The repeal of the acts mentioned is recommended only so far as they relate to the orphans' court. 4. PETITIONERS. SECTION 2. The jurisdiction of the orphans' court under this act shall be exercised on the petition of the surviving spouse of the decedent, of any heir of the decedent in a case of intestacy, or of any devisee having an interest in the real estate in question in a case of testacy, whether the interest of such person be vested in possession or in remainder, or of any person having a life interest in an undivided share of such real estate, or of any alienee or devisee of any party in interest. If the party be a weak- minded person for whom a guardian has been appointed, or a minor, lunatic or habitual drunkard, the petition shall be filed by the guardian or committee of such party. NOTE. This is founded on part of Section 36 of the Act of March 29, 1832, P. L. 201, 3 Purd. 3418. That section relates only to cases of intestacy and provides for application by the widow or any lineal descend- ant. It is now extended to include a surviving husband and collateral heirs, parties entitled in remainder, and alienees or devisees of parties in interest. Provision is also made for the cases of lunatics, etc., as well as minors. This covers the provisions of Section i of the Act of March 22, 1865, P. L. 31, 3 Purd. 3450, so far as they relate to partition in the orphans' court. The provision as to life tenants of undivided shares corresponds to the Acts of 1840 and 1842, referred to in Note 6 to^Section i (a) supra. (See 2 supra.) Section 46 of the Act of March 29, 1832 (P. L. 202), 3 Purd. 3432 reads : "When the decedent leaves no lineal descendants, the like proceedings shall be had in all respects, on the application of the persons in whom the estate shall vest in possession." This is covered by the present section of the new draft. Under Section 46 it was held that jurisdiction was conferred only when the application was made by those in whom the estate vested in possession, and a collateral heir, entitled in remainder only, had no standing: Negley's Estate, 23 Pitts. L. J. 41; Deshong's Estate, 6 Del. Co. 519. Under the revised Intestate Act, collateral heirs will not take if there are any lineal descendants, and when collateral heirs do take their interests will vest at once, since the life estates of surviving spouses and of parents are abolished. PARTITION ACT SECTIONS 2-3 9 Section I of the Act of June 26, 1895, P- L. 381, amended by the Act of June 10, 1901, P. L. 553, 3 Purd. 3450, and Section 2 of the Act of June 26, 1895 (P. L. 381), 3 Purd. 3451, provide for the appointment of a com- mittee ad litem for lunatic defendants "in all actions or proceedings in partition, and in all other actions and proceedings whatsoever, either at law, in equity or in the orphans' court." It seems unnecessary to repeat these provisions in the Partition Act. Section 8 of the Act of April 24, 1843, P. L. 360, 3 Purd. 3434 pro- viding a method for securing, before partition, the widow's dower interest in property which was owned by the decedent in common or coparcenary with others, is recommended for repeal as unnecessary, in view of the provisions of Sections 2 and 12 (see 16 infra) of this draft. The local Act of February 13, 1867, P. L. 160, 3 Purd. 3435, provides that in all cases of testacy, on the petition of the widow or of her personal representative, the court shall have power to appoint com- missioners or award an inquest for the purpose of making partition or valuation of the dower of the widow. This act relates to York and Fayette Counties. See form 56. One having at least a life estate, if not a fee, under a will disposing of an undivided fourth interest in certain real estate, is a proper party to petition the court for partition under this section of the act. Klump's Estate, 50 Pa. C. C. 99, 29 Dist. 1004. A petition for an inquest in partition under this section of the act will be dismissed where the guardian of the estate of minor heirs or devisees has not been joined. A petition by a remaining trustee for a citation directed against the parties in interest, to show cause why an inquest in partition should not be granted, whereunder a citation was awarded directed against two children who were of age and against no one else, which children in their answer aver that a guardian appointed for three other children who were minors had not been made a party to the pro- ceedings, was dismissed. Herdle's Estate, 29 Dist. 817. 5. CITATION. SECTION 3. On such petition, supported by oath or affirmation, the court may award a citation, returnable at a day certain, not less than ten days after the issuing thereof, directed to all the parties in interest other than the petitioner or petitioners, to show cause why an inquest in partition should not be awarded. Such citation shall be served in the manner provided by law for the service of other citations in the orphans' court. NOTE. This is a new section, modeled on Clause i of Section 57 of the Act of March 29, 1832 (P. L. 190) 3 Purd. 3373. It seems unnecessary to repeat in this act the provisions as to service, publication, etc., contained in the Orphans' Court Act. 10 PARTITION ACT SECTIONS 4-5-6 6. PARTIES RESPONDENT ; NOTICE TO UNKNOWN PARTIES. SECTION 4. All parties in interest, including those entitled in remainder, shall be named in the petition, citation, decree and notices, when known; but if it shall appear, on oath or affirma- tion, that the names or residences of any of the parties are unknown to the petitioner for the partition, the orphans' court shall have the power to direct such notices as shall appear to the court to be reasonable and proper to be given to such parties by publication, describing the parties, as far as practicable ; and the proceedings shall be as effectual, to all intents and purposes, as if all the parties had been named in the proceedings. NOTE. This is Section 2 of the Act of April 14, 1835, P. L. 275, 3 Purd. 3425, extended to cases of testacy as well as intestacy. The following words have been inserted : "including those entitled in remainder," and "citation," and the words "in the public newspapers" have been omitted. 7. SERVICE OUTSIDE OF STATE. SECTION 5. Where any of the parties in interest reside outside of the commonwealth of Pennsylvania and their places of resi- dence are known, the court may, in its discretion, authorize any citations or notices provided for by this act, to be served upon them personally or by registered mail, or direct publication thereof. NOTE. This is a new section. Where the residence of a party is known and he can be personally served, constructive notice by publication is not only unnecessarily expensive but futile. The proceeding being one in rem, there can be no objection to service outside of the state which would not apply equally to service by publication. 8. APPOINTMENT OF COMMISSIONERS, OR AWARD OF INQUEST. SECTION 6. If, on the return of such citation, no answer or an insufficient answer be filed, or if, after hearing on petition, answer, replication and proofs, it shall appear proper, the court may appoint, on the agreement and nomination of the parties, three or more commissioners to divide or value the real estate de- scribed in the petition, with the same effect as a sheriff's inquest for the same purpose, or, if the parties cannot so agree, may PARTITION ACT SECTIONS 6-7 II award an inquest to make partition among the parties in accord- ance with their respective interests, the inquest to consist of three men. NOTE. The first three lines, to the word "proper," are new. The provision as to awarding an inquest is taken from Section 36 of the Act of March 29, 1832, P. L. 201, 3 Purd. 3418, except that the words "among the parties in accordance with their respective interests" have been in- serted, to cover cases where the interests are unequal, as was done by Section 10 of the Act of April 10, 1849, P. L. 596, 3 Purd. 3424, which related only to devises to two or more children, and is now recommended for repeal. The provision of Section 36 of the Act of 1832 for the appointment of "seven or more disinterested persons" has been omitted, and the provision of Section 4 of the Act of April 27, 1855, P. L. 369, 3 Purd. 3452, sub- stituted. The Act of May I, 1879, P. L. 40, 3 Purd. 3452, reduced the number of jurors from twelve to six. The number is now reduced to three. The Acts of 1855 and 1879 apply to proceedings in the common pleas as well as in the orphans' court and are recommended for repeal only so far as they relate to the latter court. 9. COMPENSATION AND MILEAGE OF COMMIS- SIONERS AND JURORS. SECTION 7. The compensation of such commissioners, and of the jurors when an inquest is awarded, shall be fixed by the court, but shall not exceed five dollars a day each, for each day engaged in making such partition and valuation, unless the parties interested shall agree in writing to a larger compensation. Such commissioners and jurors shall also receive in addition to their daily pay three cents per mile circular for each mile necessarily traveled by them, counting from the place at which said com- missioners or jurors first met. NOTE. Section 4 of the Act of April 27, 1855, P. L. 369, 3 Purd. 3452, allowed the commissioners three dollars a day and did not provide for mileage. Section 2 of the Act of April 17, 1856, P. L. 386, 3 Purd. 3455, allowed the jurors one dollar per day and mileage. The Commissioners consider that it is proper to fix the same maximum compensation and to allow mileage in both cases. The increase to five dollars a day is justified in cases involving the services of men experienced in the valuation of real estate. The amount of the compensation is left to the discretion of the court in every case. 12 PARTITION ACT SECTIONS 8-9 (o), (&) 10. MAKING OF PARTITION BY COMMISSIONERS, OR INQUEST. SECTION 8. The commissioners or inquest shall, if the same can be done without prejudice to or spoiling the whole, make partition of the real estate in purparts among the parties entitled in accordance with their respective interests, whether such inter- ests be equal or otherwise, and shall make return thereof to the court. NOTE. This is a new section, declaratory of the existing law and introduced for the sake of completeness. The provision for cases where the interests of the parties are not equal is suggested by the second clause of Section 10 of the Act of April 10. 1849, P. L. 596, 3 Purd. 3424, which relates only to devises to two or more children in unequal proportions. The first clause of that section is covered by Section I (see 2 supra) of the present draft, and the last clause is a validating provision. The section is recommended for repeal. 11. ACTION OF COMMISSIONERS OR INQUEST, WHERE EQUAL PARTITION CANNOT BE MADE; WHERE NO DIVISION IS POSSIBLE; VALUATION OF THE WHOLE. SECTION 9. (a) When any such estate cannot be divided among the parties entitled thereto without prejudice to or spoiling the whole, the said commissioners, or the said inquest, as the case may be, shall make and return a just appraisement thereof to the court. NOTE. This is the first part of Section 37 of the Act of March 29, 1832, P. L. 201, 3 Purd. 3427, which was derived from Section 22 of the Act of April 19, 1794, 3 Sm. L. 143. It is now changed so as to apply in all cases and not merely to cases of intestacy where the real estate descends to the widow and lineal descend- ants. The word "commissioners" has been substituted in line 3 for "seven or more persons." The remainder of Section 37 of the Act of 1832 is covered by subse- quent sections of this draft. 12. PURPARTS UNEQUAL IN VALUE. (&) When equal partition in value, or partition in accordance with the respective interests of the parties, cannot be made by the said commissioners or the said inquest, they shall make a just appraisement of the respective purparts or shares into which they may divide the estate; and the court shall award that one PARTITION ACT SECTIONS (6), (c)-io 13 or more of the purparts or shares shall be subject to the pay- ment of such sum or sums of money as shall be necessary to equalize the value of the said purparts, according to the said appraisement thereof ; which sum or sums of money shall be paid or secured to be paid, by the several persons accepting such purparts, in the manner prescribed in Section 17 hereof. (See 23-5, infra.) NOTE. This is Section 38 of the Act of March 29, 1832 (P. L. 190) 3 Purd. 3430, which was new in that act and was intended to provide for the case "where partition can conveniently be made, but the value of the shares cannot be equal." The words from "or" to "parties" in lines I and 2 have been added, to conform to Section 8 of this draft. (See 10, supra.) The second clause of the section, relating to the order of allotment of the purparts, is omitted here, being covered by Section 13 (see 17-19, infra) of this draft. 13. PURPARTS NOT EQUAL IN NUMBER TO NUM- BER OF PARTIES ENTITLED. (c) When such estate cannot conveniently be divided into shares equal in number to the number of parties entitled, the said commissioners or the said inquest shall make a just appraisement of the respective purparts or shares into which they may divide the estate ; and the parties to whom such shares shall be awarded, or some one in their behalf, shall pay or secure to be paid to the other parties interested, their respective parts of the value thereof, in the manner prescribed in Section 17 hereof. Sec 23-25 infra.) NOTE. This is Section 39 of the Act of March 29, 1832, P. I,. 190, 3 Purd. 3431, which was derived in substance from Section 22 of the Act of April 19, 1794, 3 Sm. L. 143. In line 2, "shares equal in number to the number of" has been substituted for "as many shares as there are," the intention being to cover cases where the number of purparts exceeds the number of parties, as well as where there are fewer purparts than there are parties entitled. The portion of the section dealing with the allotment of the purparts is omitted here, being covered by Section 13 (see 17-19, infra) of this draft. 14. VALUATION OF UNDIVIDED INTEREST OF DECEDENT. SECTION 10. Where the decedent shall die seized or possessed, as tenant in common or joint owner, of any undivided interest in 14 PARTITION ACT SECTIONS 10-11 fee-simple in any lands or tenements, the commissioners or inquest shall value and return such interest, undivided, in all cases; and if such decedent had other real estate, such interest shall be valued and returned, either by itself, or in connection with some other portion of such decedent's real estate, as one of the purparts or shares into which they shall divide the whole real estate; and upon the return thereof, the proceedings shall be as in other cases. NOTE. This is the last part of Section i of the Act of March 13, 1847, P. I*. 319, 3 Purd. 3424, the first part of which is covered by Section I (see 2 supra) of the present draft. In line 8, "valued" is omitted before "as one of." Under this section of the act it is incumbent on the party instituting the proceedings, if practicable, to embrace the whole of the undivided realty within the jurisdiction or power of the court. There cannot be inquisitions upon it by parcels. Where a person dies seized in severalty of three tracts of lands, and of undivided interests in two others, it is error to file one bill for the partition of the land held in severalty, and another for that of the undivided interests. Gilpin v. Brown, 268 Pa. 398, 112 Atl. 124. 15. RULE TO ACCEPT OR REFUSE THE WHOLE OR PURPARTS AT THE VALUATION. SECTION ii. In all cases of appraisement or partition men- tioned in Sections 8 and 9 1 of this act, -the orphans' court shall on application, grant a rule on all persons interested, including those interested in remainder, to come into court, at a certain day to be fixed by the court, to accept or refuse the estate, or a share or portion thereof, as the case may be. A copy of such rule shall be served upon each party personally, ten days before the return thereof, in case such party resides within the county, or if any party shall reside outside the county the court may, in its discretion, authorize service of such rule upon him personally or direct such publication thereof as shall appear to the court to be reasonable and proper. NOTE. This is founded on Section 40 of the Act of March 29, 1832 (P. L,. 190), 3 Purd. 3431. Provisions as to service of the rule similar to those in Section 4 of this draft have been inserted, and Section 8 of the Act of April 7, 1807, P. L. 155 (4 Sm. L. 398, at p. 401), 3 Purd. 3431. is recommended for repeal. 1 (See 10-13 supra.) PARTITION ACT SECTIONS 11-12-13 (o) 15 In line 4, "including those interested in remainder" has been inserted, thus incorporating the provisions of Section 46 of the Act of 1832, 3 Purd. 3432, on this subject, and making them apply to cases of testacy as well as intestacy. In line 5, "fixed by the court" has been substituted for "by them to be fixed," because the latter words might well be taken to refer to the parties and not to the court. Section 40 of the Act of 1832 was founded on Section 8 of the Act of 1807, supra, the Commissioners remarking that they had made the pro- visional general, "applying it to all cases of appraisement or partition mentioned in the preceding sections." Section 40, however, applies only to the cases mentioned in the preceding section; the draft was the same. The section is, therefore, confined to the cases mentioned in Section 39 of the Act of 1832, namely, cases where the estate cannot conveniently be divided into as many shares as there are parties interested. It is now made to include cases where partition is made, where no division is possible, and where the purparts are of unequal value. The provision as to service or publication is made uniform with that in Section 17 (&) (see 24 infra) of this draft. 16. BIDS ABOVE VALUATION. SECTION 12. In all cases of partition of real estate now pending or hereafter to be instituted, in any orphans' court, wherein a valuation shall have been made or shall be made of the whole or parts thereof, the same shall be allotted to such one or more of the parties in interest, whether entitled in possession or in remainder or to an undivided interest for life, and including the surviving spouse of the decedent, who shall, at the return of the rule to accept or refuse to take at the valuation, offer in writing the highest price therefor above the valuation returned; but if no higher offer be made for such real estate or any part thereof, it shall be allotted or ordered to be sold as herein provided. NOTE. This is part of Section i of the Act of May 8, 1909, P. L. 489, 6 Purd. 7052, except that the words from "whether entitled" to "de- cedent" have been substituted for "widow." The section was an amendment of Section 10 of the Act of April 22, 1856, P. L. 532, 3 Purd. 3453, which had previously been amended by the Act of June I, 1907, P. L. 364. It applies to the common pleas as well, and is to be repealed only so far as it relates to the orphans' court. 17. ALLOTMENT IN THE ABSENCE OF BIDS; OR- DER OF CHOICE. SECTION 13. (a) When no bid above the appraisement of such real estate or any part thereof shall be made as provided in 16 PARTITION ACT SECTION 13 (a) Section I2 l of this act, the court may order such real estate or part thereof to and among the parties in interest, including those entitled in remainder, as follows: First. To the surviving spouse of the decedent if entitled, under the intestate law or under the will of the decedent; to a share of such real estate or part thereof in fee. Second. To the other parties in interest, in the order of their seniority in age. NOTE. This clause is new. The inclusion of parties entitled in re- mainder covers the provision on that subject in Section 46 of the Act of 1832, 3 Purd. 3432. The inclusion of the surviving spouse, entitled in fee, has been inserted to cover cases coming under the operation of the new Intestate Act and cases where the surviving spouse takes an interest in fee under the will of the decedent. The provision as to seniority in age is substituted for the provisions of Section 37 of the Act of 1832, 3 Purd. 3427, which related only to cases of intestacy, and was derived from Section 22 of the Act of April 19, 1794, 3 Sm. L. 143, and of Section 46 of the Act of 1832, 3 Purd. 3432. Section 37 of the Act of 1832 applied only to cases where no partition could be made. Section 38, 3 Purd. 3430, provided for allotment of pur- parts where the value of the purparts was unequal ; and Section 39, 3 Purd. 3431, covered the case where the purparts were fewer in number than the parties entitled. The present section of this draft covers all these cases. The other portions of Sections 37, 38 and 39 of the Act of 1832 have been incorporated in Section 9 of this draft. (See 11-13 supra.) Section 37 of the Act of 1832 provided for award to the eldest son or if he was dead to his children, if any, in the order of their birth, and preferring males to females, and in like manner, to his other lineal descendants in the same order, and then to the second and other sons and their descendants, and finally to the daughters and their descendants in the same manner. Section 46 of the Act of 1832, provides that "when the decedent leaves no lineal descendants, the like proceedings shall be had in all respects, on the application of the persons in whom the estate shall vest in posses- sion." Whether this means that the same order of priority is to be followed as among lineal descendants seems not to have been decided. Section 8 of the Act of April 4, 1797, 3 Sm. L. 296, covered the case of the brothers and sisters. The Commissioners are of opinion that it is better to adopt the simple rule of seniority of age in all cases, whether the persons entitled are lineal descendants or other relatives of the decedent taking under the Intestate Law, or persons taking under his will, who may or may not be related to him. l (See 16 supra.) PARTITION ACT SECTIONS 13 (&), (O-i4 17 18. OFFER TO NEXT IN SUCCESSION WHERE PARTY ENTITLED FAILS TO APPEAR OR RE- FUSES TO TAKE. (&) In case the party entitled to a choice do not come into court, in person or by guardian or committee, or attorney duly constituted, or in case he shall refuse the same, a record shall be made thereof, and the court may and shall direct the same to be offered to the next in succession, according to the rules provided in clause (a) of this section. NOTE. This is taken from the last part of Section 40 of the Act of 1832, 3 Purd. 3431. 19. ELECTION TO TAKE REAL ESTATE, OR SHARE THEREOF, POSTPONES PARTY AS TO OTHER SHARES, OR AS TO REAL ESTATE IN OTHER COUNTY. (c) In any case where a party has elected to take the real estate of a decedent in one county, or any share thereof, if divided into shares, such party shall not have the right of preference or election to take the real estate or any share thereof in any other county, or any other share in the same county, until all the other parties shall have neglected, after due notice, or refused to take the same at such valuation. NOTE. This is Section 45 of the Act of March 29, 1832, P. L. 190, 3 Purd. 3432, with the substitution of "a party" for "one of the heirs of a decedent." The section was founded on Section 9 of the Act of April 7, 1807, P. L. 155, 4 Sm. L. 398 at p. 401, 3 Purd. 3447, which is recommended for repeal. 20. PERMITTING RESIDUE OF PREMISES TO RE- MAIN FOR PARTIES NOT APPEARING. SECTION 14. The orphans' court having jurisdiction in any case of partition shall have power, wherever it shall appear ad- visable and proper, to cause the share or shares of the party or parties appearing in court to be allotted and assigned to them, and to permit the residue of the premises to remain for the person or persons entitled thereto, and subject to a future partition among them, if more than one person be so entitled. NOTE. This is Section 10 of the Act of April 25, 1850, P. L. 571, 3 Purd. 3453. That section applies to the common pleas as well, and is recommended for repeal only so far as relates to the orphans' court. 2 ig PARTITION ACT SECTION 15 21. ALLOTMENT TO WIDOW AS HIGHEST BIDDER. SECTION 15. Where the real estate, or any part thereof, shall be allotted to the widow as the highest bidder, two-thirds of the purchase money thereof, in cases where by existing laws the widow is entitled to a dower of one-third in the real estate,' and one-half of the purchase money thereof, in cases where by exist- ing laws the widow is entitled to a dower of one-half in the real estate, shall be paid to those entitled thereto, as provided by law; the remaining one-third or one-half of such purchase money as the case may be, shall be paid to a trustee or trustees to be appointed by the court, which trustee or trustees shall give bond in double the amount to be received; the trustee or trustees as aforesaid, shall pay semi-annually, in lieu of dower, the interest on said one-third or one-half of the purchase money, as the case may be, to the widow during her life, and at her death, the said trustee or trustees shall pay the purchase money to such persons as are entitled by law thereto. NOTE. This is the remainder of Section I of the Act of May 8, 1909, P. L. 489, 6 Purd. 7052. See note to Section 12 of this draft. (See 16 supra.) The section as it stands will cover cases of widows of persons dying before the new Intestate Act goes into effect. "Shall pay semi-annually" has been substituted for "be paid annually." Semi-annual payments are recommended for the convenience of the widow. The Act of June I, 1907, P. L. 364, read "pay annually." The words "be paid annually," which are obviously incorrect, were intro- duced in the amendment of 1909, presumably by inadvertence. The fact that the Orphans' Court Partition Act of 1917, (P. L. 338) in Sections 15, 18 and 29 appears to concede to the widow a lesser estate in lands of the decedent than that conferred by the Intestate Act of 1917 (P. L. 431) approved the same day, does not in any way affect the quantum of the estate taken by the widow under the latter act. If there were any conflict between the two Acts, the Intestate Act must govern as to the interest taken, the Partition Act having to do merely with procedure, and the enforcement of rights conferred by the Intestate Act. But the alleged conflict is only apparent, and the references in the Partition Act to the life estate of the widow are evidently intended to refer to estates of persons dying prior to the Intestate Act of 1917. "The cited portions of the said Orphans' Court Partition Act of 1917, P- L. 337 (i5, J 8 and 29) do not and are not designed to, diminish such fee simple share, part or interest so prescribed for the widow in and by the said Wills Act and Intestate Act. "It is the Intestate Laws of the commonwealth which determine all matters pertaining to the descent and inheritance of estates of decedents, PARTITION ACT SECTION 15 19 fixing the character, kind, quantity and amount of the interests or shares in decedents' real and personal property which shall pass to and vest in surviving spouses and kinsmen. The Partition Acts merely provide the method for enforcing the rights so conferred by the Intestate Acts. Hence, it follows that on general principles, were there indeed a clash or conflict between the provisions of the Intestate Act of 1917, P. L. 429 and of the Orphans' Court Partition Act of 1917, P. L. 337, on a matter of quantity, size, amount of shares or interests of a decedent's estate to descend or vest, the latter statute (merely prescribing procedure) would of necessity, yield to the former statute as to matters so lying exclusively within the scope and province of the said Intestate Act. However, the respondent, in its answer, has not directed our attention to or shown that there really exists any clash or conflict between the two statutes under consideration. By its express terms, the Intestate Act of 1917, P. L. 429 becoming operative and effective on December 31, 1917, is made to apply to estates, real and personal of all persons dying intestate on or after the said day so designated; expressly providing that as to the estates, real and personal, of persons dying before the day designated, the existing laws should remain in full force and effect. Under Section I of the Act of April 8, 1833, P. L. 316, which applies to and controls the devolution of estates of intestates dying before December 31, 1917, a surviving widow was entitled to certain interests in her husband's real estate for life only, to wit, so-called statutory dower, i. e. a life estate in a third or a half part of such lands, depending on whether the decedent had left any children or issue. The Intestate Act of 1917, P. L. 429 gives the widow of an intestate dying on or after December 31, 1917, not statutory dower as under the old law, but certain interests in fee simple in the decedent's real estate, to wit, an undivided one-third part thereof or an undivided half part thereof or more, depending on whether or not the decedent leaves children or issue, and if so, the number thereof. The Orphans' Court Partition Act had to be drafted by the law makers to meet the circumstances and requirements of estates of all intestates, to wit, those dying before, as well as those dying after December 31, 1917, for such Act was to apply to estates of decedents entirely irrespective of the dates of their respective deaths. Now, as to widows of intestates dying after December 31, 1917, no special mention of the shares of such widows therein was in such act necessary; for, thereunder surviving spouses taking shares in fee, such shares are of precisely the same character and quality as, and, therefore, fall in the same category with the other shares and interests vesting in the decedent's descendants or collateral kinsmen. The said Act, however, had to make and preserve special provision for the statutory dower of widows of husbands dying prior to December 31, 1917, which circumstance accounts for and explains the use of the pointed out language appearing in Sections 15, 18 and 29 of the said Act. The purpose and necessity for such provisions and language is manifest, to wit, being designed and required to provide for the life interests of widows in estates of intestates dying before December 31, 1917, and in estates of testates dying before said date, where the widows elect to take against the wills of their respective husbands. Accordingly we reach the 20 PARTITION ACT SECTIONS 15-16-17 (o) . conclusion that there exists no clash or conflict between the provisions of the Orphans' Court Partition Act of 1917, P. L. 337 and the Intestate Act of 1917, P. L. 429; at least, as to any matter to which the petitioner has directed our attention. It is well to observe moreover in passing that did indeed such conflict exist between the provisions of the two statutes under con- sideration, the provisions of the Orphans' Court Partition Act of -1917, P- L. 337, aside from its being a mere possessory action, would, for an- other important reason, be legally forced to yield to the pertinent pro- visions of the Intestate Act of 1917, P. L. 429 as to all matters within the scope of the last mentioned statute; for, the latter Act, although approved the same day as the former Act became operative long after the said Orphans' Court Partition Act had become law ; so that the Intestate Act thus later becoming operative, would automatically and of necessity supersede such provisions of the Partition Act, if any, in conflict with the provisions of the said Intestate Act' Per Hughes, P. J., in Dodd's Estate, i Wash. 236. 22. PARTITION TO BE FIRM AND STABLE AFTER FINAL DECREE. SECTION 16. Upon return made by commissioners appointed by agreement of the parties, or of the inquisition taken, or when the real estate or any purpart thereof is awarded or allotted by the court, and a final decree is entered, the partition thereby made shall be firm and stable forever, subject only to the right of appeal. NOTE. This supplies the last part of Section 36 of the Act of 1832, 3 Purd. 3418, which provides that on return by the commissioners or inquisition the court shall have power to give judgment that the partition thereby made be firm and stable forever. The provision of that section as to costs is covered by Section 35 of this draft (see 45-6 infra). 23. OWELTY; PAYMENT OR SECURITY. SECTION 17. (a) In every case provided for in Section 12 or Section 13 of this act 1 , the party bidding in or accepting the real estate, or some one on his behalf, shall pay to the other parties interested their proportional parts of the value of such estate, according to the amount of the bid, or the just appraisement thereof, made in manner aforesaid, as the case may be, or shall give good security by recognizance, or otherwise, to the satis- faction of the court, for the payment thereof, with legal interest, at such time or times as in the judgment of the court shall be to 1 See 16-19, supra. PARTITION ACT SECTION 17 (a), (&) 2 I the advantage of those entitled to the estate ; and the persons to whom or for whose use payment or satisfaction shall be so made, in any of the cases aforesaid, for the respective parts or shares of such real estate, shall be forever barred of all right or title to the same. NOTE. This is the last part of Section 37 of the Act of March 29, 1832, P. L. 201, 3 Purd. 3428, extended to all cases covered by Sections 12 and 13 of this draft (see 16-19, supra) instead of those cases only which are covered by Section 13. The provision of Section i of the Act of May 8, 1876, P. L. 140, 3 Purd. 3432, has been substituted for the words "in some reasonable time," not exceeding twelve months, as the court may direct," after the words "with legal interest." Section i of the Act of 1876 is recommended for repeal. Where the bidder is ready and willing to make payment to the parties in interest in full as soon as the necessary searches against the title can be procured, exceptions relating to making payment on account or the entry of security will be dismissed with leave to apply to the court for a further order if payment in full is not made within sixty days. Battersby's Estate, 29 Dist. 221. 24. ENFORCEMENT OF PAYMENT BY NON-RESI- DENT. (&) Where the court shall decree any share or shares to any person not residing within this commonwealth, with the pay- ment of owelty annexed, it shall be lawful for the court, upon application made by any party lawfully interested in the same, to order a rule upon such party, his or her legal heirs or repre- sentatives, requiring the payment of said owelty, at such time and upon such terms and conditions as the court shall direct. If the said rule cannot be served within this commonwealth, the court may, in its discretion, authorize service of such rule upon him or them personally or direct such publication thereof as shall appear to the court to be reasonable and proper. Upon return and proof of service or publication as aforesaid, and upon refusal or neglect to comply with the said rule, the court may enforce the same by ordering a sale of such share or shares, for the pur- poses aforesaid, as in other cases of sales under this act. NOTE. This is Section I of the Act of April 6, 1844, P. L. 214, 3 Purd. 3432. The provision as to service by publication in the Act of 1844 is by reference to Section i of the Act of March 26, 1808, P. L. 144, 4 Sm. L. 518, 3 Purd. 3408, which relates to actions of partition and provides for pub- lication in one daily newspaper of the City of Philadelphia as well as in a newspaper in the county where the land lies. The reference at the end of Section i of the Act of 1844 is to the Act of March 29, 1832. 22 PARTITION ACT SECTIONS 17 (&), (c)-i8 (a) Provisions for service outside of the state, similar to those in Section 5 (see 7 supra) of this draft, and for publication, as in Section n (see 15 supra) have been added. 25. APPOINTMENT OF TRUSTEE FOR PARTIES WHO ARE UNKNOWN, OR CANNOT BE FOUND. (c) Wherever it shall appear that any party or parties, in whose favor a lien exists until payment be made to them of their respective shares of the money due from the party or parties to whom the real estate or any purpart thereof is awarded at the appraisement or at a price bid therefor above the appraisement, is or are unknown or cannot be found, the court shall have power to appoint a trustee to whom the shares of money due said un- known or other party may be paid, with power in said trustee, upon payment to him of said money, to satisfy said lien upon the proper records, whereupon the said land shall be freed and discharged from said lien. Such trustee shall first file a bond, to be approved by the court, conditioned for the faithful appli- cation of the money to him so paid, as aforesaid, according to the trust and order of court. It shall be the duty of the trustee to invest the said moneys in securities authorized by law. NOTE. This is Section i of the Act of April 3, 1903, P. L. 151, 3 Purd. 3454, except that the second proviso has been added. Section 2 of the Act of 1903 is a general repealer. The Act of 1903 applies also to proceedings in the common pleas and is recommended for repeal only so far as relates to the orphans' court. 26. WIDOW'S INTEREST; TO REMAIN CHARGED ON THE PREMISES. SECTION 18. (a) Should the widow of the decedent be living at the time of the partition and entitled to a life estate in one-half or one-third of the real estate under the intestate laws, or should such widow elect to take against the will of the decedent and thereby be entitled to such life estate, she shall not be entitled to payment of the sum at which her purpart or share of the estate shall be valued, but the same, together with interest thereof, shall be and remain charged upon the premises, if the whole be taken by one person, or upon the respective shares, if divided as hereinbefore mentioned, and the legal interest thereof shall be semi-annually and regularly paid by the persons to whom such real estate shall be adjudged, their heirs or assigns, holding the same, according to their respective portions, to the said widow, PARTITION ACT SECTION 18 (a), (6) 23 during her natural life, in lieu and full satisfaction of her dower at common law, and the same may be recovered by the widow by distress or otherwise, as rents in this commonwealth are recover- able. On the death of the widow, the said principal sum shall be paid by the persons to whom the said real estate shall have been adjudged, their heirs or assigns, holding the premises, to the persons thereunto legally entitled. NOTE. This is Section 41 of the Act of March 29, 1832, P. L. 202, 3 Purd. 3433. with the insertion of language to make it apply only to cases of dece- dents dying before the new Intestate Act goes into operation, and the substitution of "persons" for "child or other descendant." The section was derived from Section 22 of the Act of April 19, 1794, 3 Sm. L,. 143, and Section 6 of the Act of April 7, 1807, P. L,. 155, 4 Sm. L. 398 at p. 400. The latter section is printed in the Digests, but since it seems to have been supplied by the Act of 1832, its express repeal is now recommended. The fact that the Orphans' Court Partition Act of 1917 (P. L. 338) in Sections 15, 18 and 29 appears to concede to the widow a lesser estate in lands of the decedent than that conferred by the Intestate Act of 1917 (P. L. 429) approved the same day, does not in any way affect the quantum of the estate taken by the widow under the latter act. If there were any conflict between the two Acts, the Intestate Act must govern as to the interest taken, the Partition Act having to do merely with procedure and the enforcement of rights conferred by the Intestate Act. But the alleged conflict is only apparent, and the references in the Partition Act to the life estate of the widow are evidently intended to refer to estates of persons dying prior to the Intestate Act of 1917. Dodd's Estate, i Wash. 236. (See extract from opinion under Section 21, supra.) 27. CHARGING WIDOW'S INTEREST ON PARTICU- LAR PURPARTS. (6) When the real estate of any decedent shall consist of several different tracts or pieces of land, and the same shall be adjudged to any of the parties entitled thereto, or ordered to be sold, by any orphans' court, such court shall have authority to decree that the share or purpart of the widow of such decedent in the whole of said real estate, where such widow is entitled to a life interest, together with the interest thereof, shall be and remain charged on one or more of the said tracts or pieces of land, in the manner and for the purposes now provided by law, and that the remaining tracts or pieces of land shall be wholly discharged from the share or purpart of such widow, or any part thereof : Provided, That the pieces or tracts of land, upon 24 PARTITION ACT SECTIONS 18 (6) -19-20 which such purpart or share shall be so charged as aforesaid, shall, in the opinion of such court, be fully sufficient to secure the payment of the principal and interest of such purpart or share: And provided further, That such widow shall have the same remedies for recovery of her interest as are provided in clause (a) of this section. NOTE. This is Section I of the Act of January 7, 1867, P. L. 1367, 3 Purd. 3435, with the insertion of the words, "where such widow is entitled to a life interest," to show that the section will apply only to cases where the decedent has died or shall die before the new Intestate Act goes into effect. 28. OTHER UNDIVIDED INTERESTS TO REMAIN CHARGED ON REAL ESTATE. SECTION 19. Should any person other than the widow of the decedent be entitled, under the intestate laws, or should any person, including the widow of the decedent, be entitled under the will of the decedent, to a life interest in an undivided share of the real estate, the share of such tenant for life shall not be paid to him or her, but the same, together with interest thereof, shall be and remain charged upon the premises, if the whole be taken by one person, or upon the respective shares, if divided as hereinbefore mentioned, and the legal interest thereof shall be semi-annually and regularly paid by the persons to whom such real estate shall be adjudged, their heirs or assigns, holding the same, according to their respective portions, to the said tenant for life, during his or her natural life, and the same may be recovered by such life tenant as debts of like nature in this com- monwealth are recoverable. On the death of the life tenant, the said principal sum shall be paid by the persons to whom the said real estate shall have been adjudged, their heirs or assigns, holding the premises, to the persons thereunto legally entitled. NOTE. This is a new section, making provisions for other undivided life interests similar to those made by Section 18 (a) (see 26 supra) for widows, except that the remedy for collection is made the same as the remedy for recovery of "debts of like nature." 29. DEDUCTION OF RENTAL VALUE FROM SHARES OF PARTIES WHO HAVE BEEN IN POSSES- SION. SECTION 20. In case of partition of real estate now or here- after held by two or more persons as tenants in common, where one or more of said tenants shall have been or shall hereafter be PARTITION ACT SECTIONS 20-21 25 in possession of said real estate, the parties in possession shall have deducted from their distributive shares of said real estate the proportional part of the rental value thereof to which their co-tenant or co-tenants are entitled for the time such real estate shall have been in possession as aforesaid. NOTE. This incorporates so much of Section i of the Act of June 24, 1895, P. L. 237, 3 Purd. 3454, as relates to partition. The other part of the section gives a remedy for such rentals by action between co-tenants. The section is recommended for repeal only so far as relates to the orphans' court. Exceptions filed to a decree because it made no provision for the ascertainment of rental values of the premises allotted and the mesne profits of the business there conducted during the occupancy of the premises by one of the parties in interest were dismissed where there were no facts before the court upon which to base an appropriate finding and where, from facts assumed from argument of counsel there would seem to be no reason why the parties in interest should not be able to reach an amicable adjustment; with leave to apply by petition for necessary relief if later required. Battersby's Estate, 29 Dist. 221. 30. RULE TO SHOW CAUSE WHY SALE SHOULD NOT BE MADE; DECREE OF SALE. SECTION 21. Upon an appraisement or valuation of real estate made as provided in Section 9 or Section 10 of this act, should all the parties neglect, after due notice, as provided in Section n hereof, or refuse to take the same or any part thereof at the valuation, or to bid above the appraisement as provided in Sec- tion I2 1 hereof, the court shall, on the application of any one of the parties, grant a rule upon the other parties interested, to show cause why the estate, or part thereof, so appraised and not taken at the appraisement or bid for, should not be sold; which rule shall be returnable at such time as the court, having respect to the circumstances of the case, may direct ; and service of such rule shall be made in the manner provided by law for the service of citations in the orphans' court. On the return of such rule, the court may, on due proof of notice to all persons interested, make a decree authorizing and requiring the executor or admin- istrator, as the case may be, to expose such real estate, or part thereof, to public sale, at such time and place, and on such terms as the court may decree : Provided, That the rule to show cause herein directed may be dispensed with by the court, on the 1 (See 11-16 supra.) 26 PARTITION ACT SECTIONS 21-22 application of all the parties in interest, if of full age and sui juris, and of the guardians or committees of such as are weak- minded persons for whom guardians have been appointed, minors, lunatics or habitual drunkards, for such decree ; and public notice of such sale shall be given by the person who is to make the sale, once a week for a period of three weeks before the day appointed therefor, by advertisement in at least one newspaper published in the county, if there be one, or, if there be none, then in an adjoining county; and in all cases, notice shall also be given by handbills, one of which shall be posted at a conspicuous place on the real estate proposed to be sold, and at least three of which shall be posted at three of the most public places in the vicinity of such estate; and in any case the court may, by general rule or special order, require such further notice as it shall deem advisable. NOTE. This is Section 42 of the Act of March 29, 1832, 3 Purd. 3438, which was founded on Section I of the Act of April 2, 1804, P. X,. 459, 4 Sm. L. 183-4, and Section 2 of the Act of March 26, 1808, P. L. 144, 4 Sm. L. 518-9, the provision for making the rule returnable later than the next regular session of the court being new in the Act of 1832. The changes now suggested are to modify the language so as to include cases where there is a division into fewer purparts than parties entitled (now covered by Section 7 of the Act of April 7, 1807, P. L,. 155, 4 Sm. L. 398 at p. 400, 3 Purd. 3440), and cases of failure or refusal to take some purparts (now covered by Section i of the Act of April 15, 1845, P. L. 458, 3 Purd. 3440) ; to substitute "parties" for "heirs," in line 3 and other places ; to insert the provisions as to lunatics, etc. ; to substitute a new provision as to service of the rule; and to add, at the end, provisions for notice of sale similar to those in Section 16 (g) (see 438 infra) of the Fiduciaries Act. The Act of June 12, 1893, P. L. 461, 3 Purd. 3447, and the amendment of May 23, 1913, P. L. 304, 6 Purd. 7051, relating to sales of real estate for the purpose of distribution on petition of all parties in interest, are covered by Section 23 (see 32-3 infra) of the present draft. 31. COMBINATION OF RULE TO ACCEPT OR RE- FUSE WITH RULE TO SHOW CAUSE WHY SALE SHOULD NOT BE MADE. SECTION 22. In all cases of the partition or valuation of real estate, the orphans' court may, upon the application of any party in interest, instead of the separate rules herein provided for such cases, grant a rule upon the parties interested to appear, and accept or refuse the said real estate at the valuation, or, in case they or any of them should neglect or refuse to take and PARTITION ACT SECTIONS 22-23 (a) 27 accept the same as aforesaid, show cause why the said real estate, or any part thereof, should not be sold. Nore. This is Section 2 of the Act of April 25, 1850, P. L. 569, 3 Purd. 3440, except that "any party in interest" is substituted for "any of the heirs of the decedent" after "the application of the widow," and "herein provided for" is substituted for "heretofore issued in," after "separate rules." 32. SALES FOR THE PURPOSE OF DISTRIBUTION, ON PETITION OF ALL PARTIES' INTEREST; IN GENERAL. SECTION 23. (a) Whenever any person shall die seized of real estate, and the parties in interest desire the same to be converted into money for distribution, it shall be lawful for the orphans' court of the proper county, in its discretion, upon the joint petition of the widow and heirs, or devisees, and the guardians or committees of such as are minors or under disability, in whom the real estate of the decedent shall have vested by descent or will, and legatees whoe legacies are charged on said real estate, or the representatives of such as may be deceased or under disability, to order the executor or administrator, or a trustee to be appointed by said court, to make sale of said real estate. Such petition shall set forth the description of the property, the desire to have the same sold, and its estimated value according to the affidavits of two disinterested and competent persons, and said petition shall be duly sworn to. Said order shall provide that, before making sale, the executor, administrator or trustee shall give bond, in double the estimated value of the said real estate, and shall proceed thereafter in all respects in the manner provided by this act in cases of the sale of real estate under proceedings in partition. The proceeds of such sale, after pay- ment of the expenses thereof, shall be distributed to and among those entitled thereto, the same as real estate. Such sale shall have the same effect in all respects as a public sale in proceedings in partition of real estate under this act. NOTE. This is Section i of the Act of June 12, 1893, P- L. 461, 3 Purd. 3447, as amended by the Act of May 23, 1913, P. L. 304, 6 Purd. 7051, with further changes. The Act of May 14, 1874, P- L. 166, i Purd. 1120, relating to real estate valued at not more than one thousand dollars, is supplied by the Act of 1893 and should be repealed. The Act of 1874, however, has been fol- lowed in the new draft as to the provision that the petition shall set 28 PARTITION ACT SECTIONS 23 (a), (fr)-24 forth the estimated value of the property, and that this estimate shall be supported by the affidavits of disinterested persons. The Act of 1874 provided that the proceedings should be the same as those in cases of sales for payment of debts. The Commissioners con- sider that the reference to proceedings in partition is more appropriate. In the new draft, the words "or devisees" have been inserted in jine 6; the words "or under disability" have been inserted in line u; the words "to be appointed by said court" have been inserted after "trustee" in line 12; and "estimated" has been substituted for "appraised" in line 19. The order of the clauses has also been altered for the sake of clearness. Where an intestate left him surviving no widow, and five minor children as his sole heirs at law, they having but one guardian, a petition by said minors, through such guardian, is their joint petition within the meaning of the act. Fogelsanger's Estate, 267 Pa. 321. no Atl. 172. 33. LANDS IN DIFFERENT COUNTIES. (&) When the lands, in respect to which a petition for sale shall be filed under the provisions of clause (a) of this section, shall lie in one or more adjoining tracts in different counties, or shall lie in two or more counties, but not in adjoining tracts, the proceedings shall be in the courts designated in Sections 37 and 38 l of this act, respectively. NOTE. This clause is new. 1 (See 50-56 infra.) 34. APPOINTMENT OF TRUSTEE TO MAKE SALE. SECTION 24. Whenever any real estate shall be ordered to be sold under proceedings in partition, the orphans' court is hereby authorized and required, in case of the neglect or refusal of the executor or administrator to execute such order, or in case there be no executor or administrator, or in case the court for any reason deems it advisable, to appoint some suitable person trustee for the purpose of making such sale, who shall be subject to the same restrictions, and have the same powers, and whose proceed- ings shall have the same effect, to all intents and purposes, as are provided in the case of such sales by executors or ad- ministrators. NOTE. This is Section 44 of the Act of February 24, 1834, P. L. 81, 3 Purd. 3439, which was not included in the draft prepared by the Com- missioners of 1830. The words "or in case the court for any reason deems it advisable" have been inserted in order to confer upon the court a discretion which, it has been held, does not now exist: Arble's Estate, 161 Pa. 373. Under Section 24 of the Orphans' Court Partition Act of June 7, PARTITION ACT SECTIONS 24-25 29 1917, P. L. 337, which authorizes the court, if for any reason it deems it advisable, to appoint some suitable person trustee for the purpose of making a sale, the court will appoint an independent trustee for such purpose where the personal interests of the executors are in conflict with the interests of the petitioners to have the sale made promptly and bad feeling exists between them. Semble. The court may also make such appointment where the execu- tors have discharged their active duties and are functi officii. "Under the will of Ann Whitaker, who died in 1890, a large part of her real estate remaining undivided, this partition proceeding was brought and has been so far pursued that it is now ripe for the appointment of a trustee to conduct the sale. "Parties representing about one-third interest have petitioned for the appointment of an independent trustee, alleging that reasons exist render- ing it advisable to appoint some suitable person other than the surviving executors. The master, in a careful and well-considered report, has found that these reasons exist. "It might well be argued that the executors are functi officii (see Henson's Estate, 12 Dist. R. 326), for the reasons that they qualified over thirty years ago, their active duties have long since ceased and certain shares of the real estate have passed by the wills of the devisees of Ann Whitaker to their devisees, and, in turn, by the wills of the latter to certain of the present parties. "Upon reviewing the testimony taken before the master, we concur in his findings, are of the opinion that we should exercise the discretion permitted by the act and appoint some disinterested and suitable person to execute the order of sale." Henderson, J., in Whitaker's Est. 30 Dist. 814, 35 York 99. 35. BOND OF EXECUTOR, ADMINISTRATOR OR TRUSTEE MAKING SALE. SECTION 25. In all cases where the carrying out of any decree of the court under the provisions of this act shall involve the receipt of money, the court shall direct the person acting under the decree to file a bond to the commonwealth in a sufficient amount conditioned for the proper application of all moneys to be received. Such bond shall inure to the benefit of all per- sons interested and be executed by two individual sureties or by one corporate surety, approved by the court. No such decree shall be executed until such bond, with sureties as may be re- quired, shall be filed: Provided, That where a corporation, duly authorized by law, shall be designated to carry out any such decree, the court may, in lieu of security as aforesaid, permit such corporation to enter its own bond without surety. NOTE. This is a copy of Section 16 (/) cf the Fiduciaries Act. (See 437 infra.) See the note to that section. 30 PARTITION ACT SECTIONS 26-27-28 36. DISCHARGE OF LIENS BY SALE. SECTION 26. All public or private sales of real estate or of any part or purpart thereof, under the provisions of this act, shall have the effect of judicial sales as to the discharge of liens upon the real estate or part or purpart thereof so sold. NOTE. This supplies Section 42 of the Act of February 24, 1834, P. L. 81, 3 Purd. 3439, which extended to sales in partition the provision of Section 21 of the Act of April 19, 1794, 3 Sm. L. 143, as to discharge of real estate from the debts of the decedent. 37. RECOGNIZANCE BY PURCHASER. SECTION 27. In all cases of sales of real estate under the pro- visions of this act, when the entire purchase money shall not be paid in cash, the purchaser or purchasers shall enter recognizance in the orphans' court, with sufficient security, to be approved by said court, for the payment of the purchase money, or any bal- ance thereof, over and above the costs and expenses of said pro- ceedings, to the parties who may be entitled to the same. Such recognizance shall be a lien on the real estate so sold until fully paid and satisfied. NOTE. This is founded on the last part of Section i and Section 2 of the Act of May 23, 1871, P. L. 274, 3 Purd. 3446, substituting "parties" for "widow, heirs or legatees." Section 2 of the Act of 1871, 3 Purd. 3446, provides that before bring- ing suit on such recognizance the person entitled to receive the money shall give a refunding bond, and that if he is unable to do so, the money shall be put at interest as directed in Section 41 of the Act of February 24, 1834. As is noted under Section 47 (fr) of the Fiduciaries Act (see 549 infra) Section 41 of the Act of 1834, as to refunding bonds, has become obsolete and is recommended for repeal. Section 45 of the Act of 1834, relating to the giving of refunding bonds by distributees of the proceeds of real estate sold under order of the orphans' court, is also recommended for repeal. See note to Section 16 (&) of the Fiduciaries Act (see 447 infra). Section 2 of the Act of 1871 is, therefore, also recommended for repeal. 38. NO OBLIGATION TO SEE TO APPLICATION OF PURCHASE MONEY. SECTION 28. Whenever a public or private sale of real estate shall be directed or confirmed under the provisions of this act, the person or persons purchasing the real estate so sold and taking title thereto in pursuance of the decree of the court, shall take such title free and discharged of any obligation to see to the application of the purchase money. PARTITION ACT SECTIONS 28-29 31 NOTE. This is copied from Section 16 (p) of the Fiduciaries Act (see 455 infra). It supersedes Section i of the Act of March 27, 1865, P. L. 45, 3 Purd. 3445, and Section i of the Act of April 28, 1868, P. L. 105, 3 Purd. 3445, relating to payment into court of the purchase money on a sale in partition, the former extending to sales in partition the provisions of Section 19 of the Act of February 24, 1834, P. L. 70, i Purd. rt22, which related to sales by executors under testamentary powers, and the Act of 1868 providing that the court might, in its discretion, require payment into court or make such order as might be just in the premises. As is noted under Section 30 of the Fiduciaries Act (see 496 infra), Section 19 of the Act of 1834 was superseded by the Act of June 10, 1911, P. L. 874, 7 Purd. 7703, which relieves purchasers of obligation to see to the application of purchase money, and is trie basis of Section 30 of the Fiduciaries Act. 39. WIDOW'S INTEREST TO REMAIN IN HANDS OF PURCHASER. SECTION 29. Where a decree for the sale of real estate shall be made by the orphans' court, in the event provided for in Section 2I 1 hereof, the court shall direct that, if there be a widow entitled to a life interest in such real estate under the intestate laws, or should such widow elect to take against the will and thereby be entitled to such life estate, the share of the widow in the pur- chase money shall remain in the hands of the purchaser, during the natural life of the widow. The interest thereof shall be semi-annually and regularly paid to her by the purchaser, his heirs and assigns, holding the premises, and may be recovered by distress or otherwise as rents are recoverable in this com- monwealth, which the said widow shall accept in full satisfaction of her dower in such premises ; and at her decease, her share of the purchase money shall be paid to the persons legally entitled thereto. NOTE. This is Section 43 of the Act of March 29, 1832, P. L. 203, 3 Purd. 3440, which was founded on Section 5 of the Act of April 14, 1828, P. L. 484 (10 Sm. L. 246). The only changes now made are to insert in lines 3 and 4, the words "if there be a widow entitled to a life interest in such real estate," instead of the words "if there be one," and to change "annually" to "semi- annually." 1 (See 30 supra.") 32 PARTITION ACT SECTIONS 29-30 The fact that the Orphans' Court Partition Act of 1917 (P. L. 338) in Sections 15, 18 and 29 appears to concede to the widow a lesser estate in lands of the decedent than that conferred by the Intestate Act of 1917 (P. L. 431) approved the same day, does not in any way affect the quantum of the estate taken by the widow under the latter act. If there were any conflict between the two Acts, the Intestate Act must govern as to the interest taken, the Partition Act having to do merely with pro- cedure and the enforcement of rights conferred by the Intestate Act But the alleged conflict is only apparent, and the references in the Partition Act to the life estate of the widow are evidently intended to refer to estates of persons dying prior to the Intestate Act of 1917. Dodd's Est, I Wash. 236. (See extract from opinion under Sec. 21, supra.) 40. OTHER UNDIVIDED LIFE INTERESTS TO RE- MAIN CHARGED ON REAL ESTATE. SECTION 30. In the case of a sale of real estate under pro- ceedings in partition in the orphans' court, should any person other than the widow of the decedent be entitled, under the in- testate laws, or should any person, including the widow of the decedent, be entitled under the will of the decedent to a life interest in an undivided share of the real estate, the share of such person shall not be paid to him or her, but shall remain charged on such or other real estate, -according to the directions of the court ; and the legal interest thereof shall be semi -annually and regularly paid by the purchaser of such real estate, his heirs or assigns, holding the same, during the natural life of such life tenant, and the same may be recovered by such life tenant as debts of like nature in this commonwealth are recoverable, and on the death of the life tenant, the said principal sum shall be paid by the person by whom the said real estate shall have been pur- chased, his heirs or assigns, holding the premises, to the per- sons thereunto legally entitled. NOTE. This includes the first part of Section 46 of the Act of February 24, 1834, P. L. 82, 3 Purd. 3445, which was new in that act. It is now altered to conform to Section 19 of this draft (see 28 supra). The re- mainder of the section relates to sales fo,r the payment of debts, and is covered in the Fiduciaries Act. PARTITION ACT SECTIONS 31-32 33 41. APPOINTMENT OF TRUSTEE TO HOLD PRIN- CIPAL OF SUM IN WHICH THERE IS A LIFE INTEREST. SECTION 31. In any case of a sale of real estate under the provisions of this act, instead of the life interest of any person in an undivided share of the real estate remaining charged on the real estate as aforesaid, the court may, on petition of the person entitled to the life interest, or of the purchaser, direct the pur- chaser to pay such principal sum to a suitable person or corpora- tion, who shall be appointed by the court as trustee to receive and hold such principal sum, invest the same in securities authorized by law, pay the income thereon, after deducting all legal charges, to the person entitled thereto, and, upon the death of such person, to pay over such principal sum to the persons thereunto legally entitled, after deducting all legal charges thereon. Such trustee shall enter such security as the court may direct, and shall not be an insurer of the trust fund, and shall be liable to the persons interested in the income or corpus of the trust fund only for such care, prudence and diligence in the execution of the trust as other trustees are liable for. NOTE. This is a new section intended to provide a method of relieving the real estate of the charge of a life interest in an undivided share. Its provisions are founded to some extent on Section 23 of the Fiduciaries Act (see 469 infra). 42. PROCEDURE WHERE EXECUTOR, ADMINIS- TRATOR, OR TRUSTEE BECOMES INCAPABLE, IS REMOVED OR DIES. SECTION 32. In all cases where the letters testamentary or of administration shall be revoked, or the executor, administrator or trustee, or one or more of the co-executors, co-administrators or co-trustees, authorized to make a sale of real estate under the provisions of this act, shall be removed by the court, or shall die, or become insane, or otherwise be incapable, before such sale is effected or before a deed of conveyance is made to the pur- chaser, such sale or such conveyance shall be made in the man- ner and with the effects as provided by law in other cases of sales by executors, administrators or trustees, under like circumstances. NOTE. This is a new section. Repetition of the provisions of Section 16 (;') (see 441-6 infra) of the Fiduciaries Act seems unnecessary. Section 47 of the Act of 1832, 3 Purd. 3441, providing for execution of the deed where an executor, administrator or guardian who has made 3 34 PARTITION ACT SECTIONS 32-33 a sale becomes incapable, is removed or dies, applies to all sales under order of the orphans' court. It and the related acts are covered by Section 16 (/) (see 441-6 infra) of the Fiduciaries Act. Section 4 of the Act of April 9, 1849, P. L. 525, 3 Purd. 3441, makes similar provisions where a trustee appointed by the court to make a sale in partition is removed, dies or becomes incapable before making con- veyance. 43. APPOINTMENT OF AUDITOR TO ASCERTAIN LIENS OR INCUMBRANCES. SECTION 33. In all cases where, in consequence of proceedings in partition, the share, or any part thereof, of a party in interest, in real estate, shall be converted into money, either by reason of the impracticability or inequality of partition, or by virtue of a sale or otherwise, the orphans' court, before making a final decree confirming the partition or distributing the proceeds of sale, as the case may be, may appoint a suitable person as auditor, to ascertain whether there are any liens or other incumbrances on such real estate, affecting the interests of the parties. If it shall appear by the report of such auditor or otherwise, that there are such liens, the court may order the amount of money which may be payable to any of the parties against whom liens exist, to be paid into court, and shall have full power to decree the distribution thereof among the creditors or others entitled thereto. Where recognizance or other security shall be given for the pay- ment of money, the court may make an order on the party giving such recognizance or other security, to pay the amount thereof into court, when the same shall become due, to be distributed in like manner among the persons holding liens at the time of the partition. NOTE. This is Section 49 of the Act of 1832, 3 Purd. 3442, which was new in that act. The changes now made are to substitute "a party in interest" for "an heir" in line 3; the words from "distributing" to "may be," for "sale as aforesaid" in line 7; "full power to decree" for "the like power as to" in line 15; and "entitled thereto" for "as is now exercised by the courts of common law, where money is paid into court by sheriffs or coroners," in line 17. Section 45 of the Act of February 24, 1834, P- L. 82, i Purd. 1122, re- lating to the giving of refunding bonds by distributees of the proceeds of real estate, applies to all sales under order of the orphans' court, including partition. In a note to Section 16 (&) of the Fiduciaries Act (see 447 infra) the above section is recommended for repeal. There seems to be no reason for re-enacting it as to partition sales only. PARTITION ACT SECTIONS 33-34-35 (o) 35 Section 48 of the Act of 1832, 3 Purd. 3444, and Section i of the Act of April 13, 1869, P. L. 28, 3 Purd. 3446, relating to payment to a husband of money awarded to his wife in partition proceedings, would seem to be obsolete since the Married Women's Acts and the act abolishing separate acknowledgments. Their repeal is therefore recommended. 44. ACCOUNT OF EXECUTOR, ADMINISTRATOR, OR TRUSTEE. SECTION 34. Upon the sale of any real estate by an executor, administrator or trustee, in proceedings in partition in the or- phans' court, it shall be the duty of the said executor, adminis- trator or trustee to file in the orphans' court of the proper county an account of the proceeds of such sale. NOTE. This is Section i of the Act of April u, 1863, P. L. 341, 3 Purd. 3445, altered by inserting "executor" in lines 2 and 4, by changing "after" to "in" in line 2, by substituting "orphans' court" for "office of the register," and by substituting "the proceeds of such sale" for "his said administration or trusteeship," and omitting, at the end, "in the same manner as is required by law in the settlement of estates of decedents." 45. COSTS AND COUNSEL FEES IN GENERAL. SECTION 35. (a) The costs in all cases of partition in the or- phans' court, with a reasonable allowance to the petitioners for counsel fees, to be taxed by the court, or under its direction, shall be paid by all the parties, in proportion to their several interests. NOTE. This is Section I of the Act of April 27, 1864, P. L. 641, 3 Purd. 3455, so far as it relates ot the orphans' court. The act is not to be re- pealed so far as it relates to the common pleas. Section 36 of the Act of March 29, 1832, 3 Purd. 3423, provides that the orphans' court shall have power "to give judgment * * * * that the costs thereof be paid by the parties concerned." This seems to have been supplied by the Act of 1864, and is now recommended for repeal. Counsel fees in partition cases must be based on compensation for the usual and accustomed service in each case. In case of a contest between the heirs, compensation for such services must be paid by individual heirs, and cannot be taxed against all of them. "The Partition Act of 1917 is, with slight verbal changes an exact reproduction of the Act of 1864 There is no room for doubt as to what the Legislature intended by this enactment. While in the ordinary course of practice, a partition was for the benefit of all the owners of the property divided, before the act the entire burden of the compensation of counsel for conducting the formal proceeding was thrown upon the petitioners in the orphans' court. In every case professional aid was indispensable, and the purpose of the statute was to divide the cost 36 PARTITION ACT SECTIONS 35 (a), (6)-36 (a), .(&) of the employment of that aid amongst the parties equally benefited by the result of the proceedings. But it was indispensable aid only that was contemplated such usual and accustomed service as the exigencies of each case should render necessary. The compensation of counsel for services in the trial of contested causes was not the end in view." Quoting from Grubb's Appeal, 82 Pa. 23. Per Stewart, P. J., in Klase's Est. 18 North 46. 46. IN CASES OF SALES. (fc) In all cases of sales of real estate, under the provisions of this act, it shall be lawful for the court to order and decree that the costs and expenses of said proceedings, including a reasonable compensation to the executor, administrator or trustee by whom said sale shall be made, shall be paid, on the confirma- tion of such sale, out of the proceeds thereof. NOTE. This is the first part of Section I of the Act of May 23, 1871, P. L. 274, 3 Purd. 3446, with slight changes in phraseology, and the sub- stitution of "out of the proceeds thereof" for "by the court," at the end. In line 2, the words, "and may" are omitted after "shall." 47. PRIVATE SALES, WHEN ORDERED. SECTION 36. (a) When any orphans' court having jurisdiction of any proceedings in the partition of real estate shall order, or has ordered, any such real estate or any purparts thereof to be sold, said court may authorize or direct a private sale thereof, or may approve, ratify and confirm a private sale thereof made under an order for a public sale, if in the opinion of the court, under all the circumstances, a better price can be obtained at a private sale than at a public sale thereof. NOTE. This is Section i of the Act of May 22, 1895, P. L. 114, 3 Purd. 3454, limited to the orphans' court. So far as it relates to the common pleas, the repeal of that section is not recommended. In lines 4 and 5, "authorize or direct" is substituted for "decree and approve." The provision for security is omitted, being covered by Section 25 of this draft (see 35 supra). 48. NOTICE OF SALE. (b) Before authorizing or directing any private sale of real estate under this act, public notice thereof shall be given by ad- vertisement printed in at least one newspaper, published in the county where such real estate is situated, and in such other PARTITION ACT SECTIONS 36 (&), (c)-37 37 papers as may be designated by the court, once a week for a period of three weeks prior to the date fixed by such order for authorizing or confirming such sale, and also written or printed notices, one of which shall be posted at a conspicuous place on the real estate proposed to be sold, and at least three of which shall be posted at three of the most public places in the vicinity of such real estate. Before authorizing or directing such sale, the court shall require proof, by affidavit to be filed in the pro- ceeding, that notice as aforesaid has been given. Such notice shall specify the location and description of the real estate pro- posed to be sold, the name of the proposed purchaser and the price agreed to be paid. NOTE. This is copied from Section 16 (m) 2 of the Fiduciaries Act (see 451 infra). 49. SETTING ASIDE SALE. (c) On the day fixed by such order and notice for authorizing or directing such private sale, any party interested as heir, devisee or intending purchaser, or any legatee whose legacy is, by the express terms of the will, or by law, charged on such real estate, may appear and object to such private sale on account of the insufficiency of the price, and, if such objection be sustained, may offer to give or pay a substantial increase for such property. The court, at its discretion, may thereupon authorize or direct such sale, or refuse to authorize or direct the same, and accept any substantially increased offer, and may authorize the sale of such property to such new bidder upon compliance with the conditions of sale and giving such security as shall be directed by the court. Such party interested or legatee may appear as aforesaid and object to such sale on any legal or equitable grounds. Nothing herein contained shall be construed to affect the existing law with respect to objections to public sales. NOTE. This is copied, with slight modification, from Section 16 (w) 3 of the Fiduciaries Act (see 452 infra). 50. LANDS IN ADJOINING TRACTS IN DIFFERENT COUNTIES. SECTION 37. When the lands, in respect to which application for partition shall be made to the orphans' court as aforesaid, lie in one or more adjoining tracts, in different counties, it shall be lawful for the orphans' court of the county in which the 38 PARTITION ACT SECTIONS 37-38 (a) mansion house is situated, or, if there be no mansion house, the court of the county where the principal improvements may be, or, if there be no improvements, the court of either county, on the application of any person interested, either to proceed by the appointment of commissioners as aforesaid, or to issue its writ to the sheriff of the county within the jurisdiction of the court, specifying the lands of which a partition or valuation is to be made. Thereupon the said sheriff shall summon an inquest to divide or value the said lands, in the same manner as if the whole were within his proper bailiwick. Upon the return thereof, or upon the return of the commissioners appointed by the court, as aforesaid, the court may further proceed therein, in all respects as if all the said lands were in the county. Any recognizance taken in pursuance of such proceedings shall be as effectual, to all intents and purposes, as if the lands bound by it were wholly within the county where such recognizance is taken. A certified copy of the proceedings which may be had shall, within twenty days after the final decree therein, be delivered to the clerk of the orphans' court of each county in which the application shall not have been made, and in which any part of the said lands are situate, which shall be entered on the records of such court at the joint expense of all parties concerned. NOTE. This is Section 44 of the Act of March 29, 1832, 3 Purd. 3447, which was founded on Section i of the Act of April i, 1805, P. L. 205. 4 Sm. L. 246. It is now altered by inserting the provisions as to the man- sion house, improvements, etc., as used in the Fiduciaries Act In the proviso, "certified copy" is substituted for "exemplification." 51. LANDS IN DIFFERENT COUNTIES, BUT NOT IN ADJOINING TRACTS, WHERE PROCEEDINGS SHALL BE BROUGHT. SECTION 38. (a) All proceedings for the partition or valuation of real estate, under the provisions of this act, where the real estate to be divided or valued is situate in two or more counties of this commonwealth, but not in adjoining tracts, shall be brought only in the county where the decedent, whose land is to be divided or valued, had his domicile, or if he had no domicile in the state, then in the county where the larger part of the estate in value shall be situated; or, with leave of such court, the parties inter- ested may institute proceedings in the orphans' court in each county where such real estate is situated. PARTITION ACT SECTIONS 38 (a), (&), (c) 39 NOTE. This is founded on Section i of the Act of February 20, 1854, P. L. 89, 3 Purd. 3447, so far as the same relates to the orphans' court, and Section I of the Act of April 17, 1856, P. L. 386, 3 Purd. 3448, con- struing the former. The Act of 1854 includes the common pleas and is not to be repealed in that regard. After "real estate" in line 2, the words "the recovery of dower or the widow's third or other part" have been omitted as unnecessary, the widow's remedy in the orphans' court being now by partition proceedings. The word "recovered" is omitted after "valued" in two places, for the same reason. The words "if he had no domicile in this state, then" have been substituted for "the homestead"; and after "shall be situated" the words "or any defendant may be found" are omitted. The last clause is substituted for the provisions of the Act of 1856, which are unneces- sarily obscure but which mean the same as the substituted clause. Section 2 of the Act of May 14, 1874, P- L. 156, 3 Purd. 3449, supple- mental to the Act of 1854, provides that "Nothing contained in this act or the acts to which it is a supplement, shall be so construed as to prevent any tenant in common or joint-tenant of real estate, situated in two or more counties of this commonwealth, from bringing a separate suit, either at law or in equity, in either or any of such counties, for partition or valuation of so much of such real estate as is situated therein, except in the case where such real estate consists of single tracts lying in adjoining counties." This is recommended for repeal, so far as it relates to the orphans' court. 52. SERVICES OF PROCESS AND NOTICES. (&) In proceedings under this section, all process, writs and notices required to be served personally upon any person or persons interested in such proceedings may be served by the sheriff of any county of this state under deputization from the sheriff of the county in which such proceedings have been insti- tuted or commenced. NOTE. This is taken from Section i of the Act of April 17, 1856, P. L. 386, 3 Purd. 3448, with the addition of the provision for service in any county of the commonwealth. Section i of the Act of February 20, 1854, P. L. 89, 3 Purd. 3447, pro- vides that "service of process may be made by any sheriff, where real estate to be divided shall be situated, or any defendant may be found." 53. SELECTION OF COMMISSIONERS OR JURORS; COMPENSATION AND MILEAGE. (c) The commissioners or jurors for making partition or valu- ation under the provisions of this section may be selected from the county in which such proceedings are instituted, or from 40 PARTITION ACT SECTION 38 (c), (d), (*), (/) any one or more of the counties in which such land is situate. The compensation and mileage of said commissioners or jurors shall be the same as is provided in Section 7* of this act. NOTE. This is derived from Sections i and 2 of the Act of April 17, 1856, P. L. 386, 3 Purd. 3448. That act specially provides for the sheriff's fees and the jurors' fees and mileage. Commissioners are now included, provision is made that the commissioners or jurors may be selected from any one or more of the counties instead of only from the county where the proceedings are instituted, and reference is made to Section 7 of this draft for the provisions as to their compensation and mileage. The pro- vision that the sheriff shall receive two dollars a day for each day after the first, is omitted, since it is properly covered by the sheriff's fee bills. 1 (See 9 supra.) 54. SALES. (d) This section shall include all proceedings in partition neces- sary to be had, as well before as after the refusal of the parties to take real estate at the valuation ; and the said courts in which such proceedings are had, are hereby authorized to order the sale of such real estate, after such refusal, in the same manner as if all the real estate were situated in the county in which such proceedings are instituted : Provided, That the sales of such real estate shall be held in the county in which the real estate is situ- ated, unless otherwise ordered by the said courts. NOTE. This is part of Section i of the Act of March 30, 1869, P. L. 15, 3 Purd. 3448, supplemental to the Act of 1854. 55. PROCEEDINGS NOT SPECIALLY PROVIDED FOR IN THIS SECTION. (e) Except as otherwise provided by this section, the pro- ceedings hereunder shall be the same as provided by this act in other cases of partition and valuation. NOTE. This is taken from the last clause of Section I of the Act of May 14, 1874, P- L. 156, 3 Purd. 3449. 56. FILING CERTIFIED COPIES IN OTHER COUNTIES. (/) Certified copies of the record may be filed in every county where such real estate shall be situated, in the office of the clerk of the orphans' court thereof, and be received in evidence, with the like effect, as the records of the court where filed. PARTITION ACT SECTIONS 38 (/)-39 (), (&) i 41 NOTE. This is taken from the last part of Section i of the Act of Feb- ruary 20, 1854, P. L. 89, 3 Purd. 3447, substituting "certified copies" for "exemplifications." 57. RECOGNIZANCES IN GENERAL, ASCERTAIN- MENT OF AMOUNTS DUE. SECTION 39. (a) In all cases of partition in the orphan's court, where the court shall order and decree any party taking any por- tion of the estate at a bid or at the appraisement, or purchasing the same at a sale, as hereinbefore provided, to give any recog- nizance for the payment of any part of bid, valuation or pur- chase price, the court shall have power to appoint an auditor for the purpose of ascertaining advancements and making dis- tribution among the heirs and parties in interest. In all cases in which such auditor has not been or may not be appointed, it shall be the duty of the court to make a calculation exhibiting the amounts due the respective parties in interest, and to direct the clerk of the court to record said calculation upon the partition docket of the court as a part of the proceedings in each case, for which services the clerk shall be entitled to a fee of one dollar. NOTE. This is Section i of the Act of April 12, 1855, P. L. 214, 3 Purd. 3436, modified so as to authorize the court to appoint an auditor, and to provide that the court, instead of the clerk, shall make the calculation and that it shall be recorded in the partition docket. 58. SATISFACTION, OF RECORD. (&) i. Where a recognizance has been or shall hereafter be taken in any orphans' court, in any partition proceeding, as hereinbefore provided for, and the same, or any part thereof, shall be satisfied or paid to the person or persons interested therein, his, her or their agent or attorneys, any such person so having received satisfaction of the amount coming to him, shall enter an acknowledgment thereof upon the record of such court, which shall be satisfaction and discharge of the said recognizance, to the amount acknowledged to be paid; and the recognizance shall cease to be a lien on the real estate of the conusor to a greater amount than the principal and interest actually remaining due. NOTE. This is Section 50 of the Act of March 29, 1832, 3 Purd. 3435, which was derived from the first clause of Section 6 of the Act of April 14, 1828, P. L. 484, 10 Sm. L. 246, but omitted all reference to bonds as 42 PARTITION ACT SECTIONS 39 (&) i, 2-40 distinguished from recognizances. It is now made applicable to all cases of recognizance in partition, and not merely to cases of acceptance at the appraisement 59. REMEDY FOR REFUSING TO SATISFY. 2. If any person who shall have received satisfaction as afore- said, for his claim or lien secured by such recognizance, shall neglect or refuse to enter upon the record his acknowledgment thereof, upon the written request of the owner of the premises, bound by such recognizance, or of any part thereof, or of his legal representatives, or other persons interested therein, on tender of all the costs for entering such acknowledgment, the orphans' court, on due proof to them made that the entire amount due to any heir, legatee or distributee, shall have been fully paid and discharged, may make an order for the relief of such person from any recognizance or other recorded lien. Such order, being certified to the proper court where such lien may appear, shall be entered on the records, and shall inure and be received as a full satisfaction and discharge of the same. NOTE. This is Section 51 of the Act of March 29, 1832, 3 Purd. 3436, which was founded on part of Section 6 of the Act of April 14, 1828, P. L. 484, 10 Sm. L. 246. The Commissioners' Draft did not contain the provision as to action by the orphans' court. The provision for a penalty of fifty dollars and damages to be assessed by a jury on a trial at law is now omitted, the remedy in the orphans' court being considered sufficient. Sections 22 and 23 of the Act of April 26, 1850, P. L. 581, 3 Purd. 3436, so far as they relate to such recognizances, are recommended for repeal. Those sections extend to legacies and recognizances the provisions of the Act of March 31, 1823, P. L. 216, 8 Sm. L. 131, I Purd. 1187, relating to satisfaction of mortgages. The incorporation of those provisions in the present draft, by mere reference would raise a question of constitution- ality and there seems to be no need for doing so. 60. PROTECTION OF INTERESTS OF PERSONS NOT IN ESSE. SECTION 40. In all cases arising under this act, where there is a limitation of an estate or interest in the premises or some part thereof to a person or persons not in existence, the court shall have power to appoint a trustee to represent such unborn person or persons in the proceedings, and shall have power to make such further or other orders in regard to the property or purpart in which such person or persons may become interested, or the PARTITION ACT SECTIONS 40-41 43 proceeds of the sale thereof, or any recognizance given with respect thereto, as justice and equity may require. NOTE. This is founded on the second proviso to Section i of the Act of June 3, 1840, P. L. 593, 3 Purd. 3412, which relates only to "writs of partition," as construed in Holmes v. Woods, 168 Pa. 530. Although under the terms of the will creating the trust, there is to be no distribution until after the death of the wife and testator's last sur- viving brother or sister, at which time the class of distributees is to be determined, which is likely to include children not yet born, there is no necessity for the appointment of a trustee for such unborn children, as the trustee appointed by the will has full custody and control, as an active trustee, of both corpus and income of said estate, and is responsible for a proper distribution when the time arrives. The trustee has power and authority to represent all cestuis que trustent, whether in esse or not, in any litigation affecting the trust. "The third matter of law brought up by the answer, raises the question of law whether or not the interests of the unborn persons, if any, in the decedent's real estate involved in this cause are, by said will, effectively reposed in the respondent as such trustee thereby appointed, who would thus be lawfully authorized and in duty bound, to represent such interests in this proceeding or whether such interests of unborn persons, if any, should be represented and protected in this cause by a trustee to be appointed by this court for that special purpose under Section 40 of the Orphans' Court Partition Act of 1917, P. L. 337. "We are of the opinion that no such special trustee need here be ap- pointed for the purpose of representing and protecting such interests of persons not in esse, if any, believing that such interests, if any, have been by the testator himself duly committed to and effectually reposed in the respondent as trustee, who is thus duly clothed with absolute power and authority to represent such unborn persons, if any, and their rights and interests to, in and concerning the said real estate in this cause." Dodd's Estate, i Wash. 236. 61. PARTITION DOCKET. SECTION 41. It shall be the duty of the clerks of the orphans' courts of the several counties of this commonwealth, and they are hereby required to enter in a book to be procured for that purpose, to be called a partition docket, all the proceedings in partition in every case in their respective courts, from the com- mencement to the final judgment and decree thereon, which shall be and the same is hereby made the record of said court; for which service, such clerks shall be entitled to receive the same fees as the recorders of deeds receive for recording, to be taxed and paid as part of the costs of such proceedings. 44 PARTITION ACT SUCTIONS 41-42-43-44 NOTE. This is Section i of the Act of April 4, 1889, P. L. 23, 3 Purd. ^T 1 *}^" 62. PARTITION INDEX. SECTION 42. It shall be the duty of the clerks of the orphans' courts of the several counties of this commonwealth, and they are hereby required, t<3 keep a separate index, to be known as the partition index, in which shall be entered in alphabetical order the names of all persons to whom any real estate shall be allotted or awarded in partition proceedings in said courts, and the names of all purchasers of real estate in such proceedings. NOTE. This is a new section, introduced in order to facilitate searches of title. In the absence of such index, it is often very difficult to trace back a title to a partition proceeding, since the records of the orphans' court show the proceeding only under the name of the decedent. 63. APPEALS. SECTION 43. Any party aggrieved by any definitive decree or judgment of any orphans' court, or by any order or decree awarding or refusing to award an inquest, or by an order of sale, under the provisions of this act, may appeal therefrom to the proper appellate court as in other cases of appeals from the orphans' court. NOTE. This is a new section, intended to permit an appeal from an order awarding an inquest, which has been held to be an interlocutory order from which an appeal does not lie : Wistar's Appeal, 1 15 Pa. 241 ; Gesell's Appeal, 84 Pa. 238; Christy's Appeal, no Pa. 538, and from an order of sale in partition, which has also been held to be interlocutory; see Robinson's Appeal, 62 Pa. 213; Robinson v. Clancy, 69 Pa. 89; Snod- grass' Appeal, 96 Pa. 420. Where questions of the right of partition, involving, for example, adverse claims of title, or the construction of a will, are determined in awarding the inquest it seems that it should be possible to have this decision reviewed without waiting until after the allotment of purparts or confirmation of a sale. Section 15 of the Act of April 5, 1842, P. L. 236, 2 Purd. 1434, permits a writ of error to a judgment quod partitio fiat in actions of partition at law. There seems to be no reason why a similar allowance should not be made in partition in the orphans' court. 64. SHORT TITLE SECTION. SECTION 44. This act shall be known and may be cited as the Orphans' Court Partition Act of 1917. PARTITION ACT SECTION 45 45 65. REPEALER. SECTION 45. The following acts and parts of acts of assembly are repealed as respectively indicated. The repeal of the first section of an act shall not repeal the enacting clause. Section 22 of an act entitled "An Act directing the descent of intestates' real estates, and distribution of their personal estates, and for other purposes therein mentioned," passed April 19, J 794> 3 Sm. L,. 143, absolutely. Section 8 of an act entitled "An Act supplementary to the act entitled 'An Act directing the descent of intestates' real estates, and distribution of their personal estates, and for other purposes therein mentioned,' " passed April 4, 1797, 3 Sm. L,. 296, in so far as it relates to the orphans' court. An act entitled "A further supplement to the act entitled 'An Act directing the descent of intestates' real estates and distribu- tion of their personal estates, and for other purposes therein mentioned,' " approved April 2, 1804, P. L. 459, absolutely. An act entitled "A further supplement to an act, entitled 'An Act directing the descent of intestates' real estates and distribu- tion of their personal estates, and for other purposes therein mentioned,' " approved April i, 1805, P. L. 205, absolutely. Sections 6, 7 and 8 of an act entitled "An Act supplementary to the several acts of this commonwealth concerning partitions, and for other purposes therein mentioned," approved April 7, 1807, P. L. 155, absolutely, and Section 9 of said Act in so far as it relates to the orphans' court. Section 2 of an act entitled "An Act to amend certain parts of an Act, entitled 'An Act supplementary to the several Acts of this commonwealth, concerning partitions and for other pur- poses therein mentioned,' " approved March 26, 1808, P. L. 144, absolutely. Sections 5 and 6 of an Act entitled "A supplement to the Act, entitled 'A further supplement to the Act, entitled an Act to alter the judiciary system of this commonwealth,' passed the eighth day of April, eighteen hundred and twenty-six," approved April 14, 1828, P. L. 484, absolutely. Sections 36 to 46 inclusive, and 48 to 51 inclusive, of an Act entitled "An Act relating to orphans' courts," approved March 29, 1832, P. L. 190, absolutely. 46 PARTITION ACT SECTION 45 Sections 42, 44, 45 and 46 of an Act entitled "An Act relating to executors and administrators," approved February 24, 1834, P. L. 73, absolutely. Section 2 of an Act entitled "Supplement to the Act passed the twenty-ninth day of March, Anno Domini, one thousand eight hundred and thirty-two, entitled 'An Act relating to or- phans' courts,' " approved April 14, 1835, P. L. 275, absolutely. Section 4 of an Act entitled "A further supplement to an Act, entitled an Act relating to orphans' courts, passed the twenty- ninth day of March, one thousand eight hundred and thirty-two, and the supplement thereto, passed the fourteenth of April, one thousand eight hundred and thirty-five, and for other purposes," approved April 13, 1840, P. L. 319, absolutely. Section 8 of an Act entitled "An Act to incorporate the Butler County Mutual Insurance Company, and for other purposes," approved April 24, 1843, P. L. 359, absolutely. An Act entitled "An Act supplementary to the acts relating to orphans' courts," approved April 6, 1844, P. L. 214, absolutely. Section I of an act entitled "A supplement to the Act of As- sembly, passed the twenty-ninth March, one thousand eight hundred and thirty-two, relating to the proceedings in the or- phans' court of this commonwealth, and for other purposes," approved April 15, 1845, P. L. 458, absolutely. Section I of an Act entitled "An Act in relation to partitions," approved April 21, 1846, P. L. 426, absolutely. An Act entitled "An Act relative to the orphans' court," ap- proved March 13, 1847, P. L. 319, absolutely. Section 4 of an Act entitled "A supplement to an act relative to the venders of mineral waters ; and an act relative to the Washington Coal Company; to sheriffs' sales of real estate; to the substitution of executors and trustees when plaintiffs; to partition in the courts of common pleas, and for other pur- poses," approved April 9, 1849, P. L. 524, except in so far as it relates to sales made before its date. Section 10 of an Act entitled "An Act to enable Thomas Hoge to make a fee-simple title ; to enable the trustees under the wills of Ephraim Clark and Catharine Yohe, Alex. Calder, admin- istrator, Joseph B. Baker, guardian, and Nancy, John, and William Kline to sell certain real estate; relative to a school house in Elizabeth Township, Lancaster County; to amend the charter of the Second Jackson Beneficial Society of Philadelphia, PARTITION ACT SECTION 45 47 and to extend the jurisdiction of the orphans' court," approved April 10, 1849, P. L. 591, except in so far as it validates partition proceedings begun before its date. Section 2 of an Act entitled "An Act relating to the bail of executrixes; to partition in the orphans' court and common pleas; to colored convicts in Philadelphia; to the limitation of actions against corporations ; to actions enforcing the payment of ground rent ; to trustees of married women ; to appeals from awards of arbitrators by corporations ; to hawkers and pedlers in the counties of Butler and Union ; to the payment of costs in actions by informers in certain cases ; to taxing lands situate in different townships ; and in relation to fees of county treasurers of Lycoming, Clinton and Schuylkill; to provide for recording the accounts of executors, administrators, guardians and auditors' reports; and to amend and alter existing laws relative to the administration of justice in this commonwealth," became a law April 25, 1850, by reason of the Governor's failure to return it within ten days, P. L. 569, absolutely, and Section 10 of the same act in so far as it relates to the orphans' court. Sections 22 and 23 of an Act entitled "An Act to incorporate the Wyoming County Mutual Insurance Company; relating to Library Street, in the city of Philadelphia; giving jurisdiction to the Court of Common Pleas in Tioga County, in a certain divorce case; and relating to paving in front of the prison in the county of Philadelphia," approved April 26, 1850, P. L. 577, in so far as they relate to recognizances in partition. Section i of an Act entitled "An Act relative to suits in dower and partition," approved February 20, 1854, P. L. 89, in so far as it relates to the orphans' court. An Act entitled "A further supplement to the Act, entitled 'An Act relating to orphans' courts,' passed the twenty-ninth day of March, one thousand eight hundred and thirty-two," ap- proved April 12, 1855, P. L. 214, absolutely. Section 4 of an Act entitled "An Act to amend certain defects of the law for the more just and safe transmission and secure enjoyment of real and personal estate," approved April 27, 1855, P. L. 368, in so far as it relates to the orphans' court. Sections i and 2 of an Act entitled "A supplement to an Act relative to suits in dower and partition, passed twentieth Febru- ary, one thousand eight hundred and fifty-four," approved April 17, 1856, P. L. 386, absolutely. 48 PARTITION ACT SECTION 45 Section 10 of an Act entitled "An Act for the greater certainty of title and more secure enjoyments of real estate," approved April 22, 1856, P. L. 532, in so far as it relates to the orphans' court. An Act entitled "An Act requiring administrators and trustees, upon the sale of real estate, after proceedings in partition, to file, in the register's office of the proper county, an account of their said administration, or trusteeship," approved April u, 1863, P. L. 341, absolutely. An Act entitled "An Act relative to costs in cases of partition," approved April 27, 1864, P. L. 641, in so far as it relates to the orphans' court. An Act entitled "An Act relating to the committees of the estates of lunatics and habitual drunkards," approved March 22, 1856, P. L. 31, in so far as it relates to the orphans' court. An Act entitled "An Act relating to proceedings in partition," approved March 27, 1865, P. L. 45, absolutely. An Act entitled "A supplement to an Act relating to orphans' courts, approved the twenty-ninth day of March, Anno Domini one thousand eight hundred and thirty-two," approved January 7, 1867, P. L. 1367, absolutely. An Act entitled "An Act to extend the jurisdiction of the orphans' court of York and Fayette Counties," approved Febru- ary 13, 1867, P. L. 160, absolutely. An Act entitled "An Act to repeal a portion of an Act, entitled 'An Act relating to proceedings in partition,' approved the twenty-seventh day of March, Anno Domini one thousand eight hundred and sixty-five," approved April 28, 1868, P. L. 105, absolutely. An Act entitled "A supplement to an Act, entitled 'An Act relative to the orphans' court,' approved the thirteenth day of March, one thousand eight hundred and forty-seven, confirming certain partitions," approved February 26, 1869, P. L. 4, except in so far as it confirms partitions made before its date. An Act entitled "A further supplement to an Act, entitled 'An Act relative to suits in dower and partition,' approved the twentieth day of February, Anno Domini one thousand eight hundred and fifty-four, and its supplement, approved the seven- teenth day of April, Anno Domini one thousand eight hundred and fifty-six," approved March 30, 1869, P r L,. 15, in so far as it relates to the orphans' court. PARTITION ACT SECTION 45 49 An Act entitled "A supplement to the Act relating to orphans' courts, approved the twenty-ninth day of March, Anno Domini one thousand eight hundred and thirty-two," approved April 13, 1869, P. L. 28, except in so far as it relates to declarations there- tofore made by married women. Section 2 of an Act entitled "An Act relating to dowers," approved April 20, 1869, P. L. 77, absolutely. An Act entitled "A further supplement to an Act relating to orphans' court, approved the twenty-ninth day of March, one thousand eight hundred and thirty-two, regulating the sale of real estate by executors, administrators or trustees," approved May 23, 1871, P. L. 274, absolutely. An Act entitled "A further supplement to an Act relative to suits in dower and partition, approved the twentieth day of Febru- ary, Anno Domini one thousand eight hundred and fifty-four, and its supplement, approved the thirtieth day of March, Arino Domini one thousand eight hundred and sixty-nine, construing said Act and extending jurisdiction of the courts therein," ap- proved May 14, 1874, P. L. 156, in so far as it relates to the orphans' court. An Act entitled "An Act relating to the estates of decedents," approved May 14, 1874, P. L. 166, absolutely. An Act entitled "An Act enlarging the powers of the orphans' court in regard to fixing the time for the payment of owelty," approved May 8, 1876, P. L. 140, absolutely. An Act entitled "An Act relating to partition of real estate," approved May i, 1879, P. L. 40, in so far as it relates to the orphans' court. An Act entitled "An Act to provide for the keeping of a partition docket by the several clerks of the orphans' courts," approved April 4, 1889, P. L. 23, absolutely. An Act entitled "An Act to enlarge the jurisdiction of the orphans' courts in cases of testacy," approved May 9, 1889, P. L. 146, absolutely. An Act entitled "An Act relating to sale of the real estate of decedents," approved June 12, 1893, P. L. 461, absolutely. An Act entitled "An Act relating to the partition of real estate, empowering the courts having jurisdiction to decree and approve and to approve, ratify and confirm private sales," approved May 22, 1895, P. L. 114, in so far as it relates to the orphans' court. 5O PARTITION ACT SECTION 45 An Act entitled "An Act to provide for the liability of tenants in common in possession to their co-tenants out of possession," approved June 24, 1895, P. L. 237, in so far as it relates to the orphans' court. An Act entitled "An Act relating to proceedings in partition and other actions, and for the appointment of committees, ad litem, therein when any of the defendants are lunatic," approved June 26, 1895, P. L. 381, in so far as it relates to the orphans 1 court. An Act entitled "An Act amending an Act, entitled 'An Act relating to proceedings in partition and other actions, and for the appointment of committees, ad litem, therein when any of the defendants are lunatic or persons of weak mind/ approved the twenty-sixth day of June, one thousand eight hundred and ninety- five, so as to extend the same to proceedings in the orphans' court and to enlarge the powers of said committees," approved June 10, 1901, P. L. 533, in so far as it relates to the orphans' court. An Act entitled "An Act relating to partition of real estate, and the appointment of a trustee to satisfy liens and to invest the moneys coming into his hands by proceeding in partition," approved April 3, 1903, P. L. 151, in so far as it relates to the orphans' court. An Act entitled "A supplement to an Act, entitled 'An Act for the greater certainty of title and more secure enjoyment of real estate,' approved the twenty-second day of April, one thou- sand eight hundred and fifty-six; so as to authorize a widow to accept real estate in partition, or compete in bidding therefor, and regulating and establishing a mode of payment therefor by the widow," approved June I, 1907, P. L. 364, in so far as it relates to the orphans' court. An Act entitled "An Act to amend an Act, entitled 'A supple- ment to an Act, entitled "An Act for the greater certainty of title and more secure enjoyment of real estate," approved twenty- second day of April, Anno Domini eighteen hundred and fifty-six ; so as to authorize a widow to accept real estate in partition, or compete in bidding therefor, and regulating and establishing a mode of payment therefor by the widow/ approved the first day of June, Anno Domini nineteen hundred and seven ; by pro- viding the method by which the dower interests of the widow, and the principal of the dower fund, should be secured in certain PARTITION ACT SECTION 45 51 cases," approved May 8, 1909, P. L. 489, in so far as it relates to the orphans' court. An Act entitled "An Act to amend the Act, approved the twelfth day of June, Anno Domini one thousand eight hundred ninety-three, entitled 'An Act relating to sale of the real estate of decedents,' " approved May 23, 1913, P. L. 304, absolutely. An Act entitled "An Act to amend section three of an Act, approved the fourteenth day of May, Anno Domini one thousand eight hundred seventy-four, entitled 'A further supplement to an Act relative to suits in dower and partition, approved the twentieth day of February, Anno Domini one thousand eight hundred and fifty-four, and its supplement, approved the thirtieth day of March, Anno Domini one thousand eight hundred and sixty -nine, construing said Act and extending jurisdiction of the courts therein,' by extending the provisions thereof to include persons having an undivided interest in the land, or in the coal or timber thereon, when the same has not been entirely severed, and permitting such persons to compel partition of the entire tract," approved May 6, 1915, P. L. 269, in so far as it relates to the orphans' court. All other Acts of Assembly, or parts thereof, that are in any way in conflict or inconsistent with this Act, or any part thereof, are hereby repealed. THE ORPHANS' COURT ACT of June 7, 1917 (P. L. 363) PRELIMINARY NOTE BY COMMISSION In revising the statutes relative to the orphans' court the Commissioners have not found it necessary or considered it advisable to recommend any changes of serious importance in its jurisdiction or procedure. In Section 18 (a), 3 and 5, the writ of fi. fa. issued out of the orphans' court has been limited to personal property; and in Section 18 (e), provision has been made for filing in the court of common pleas transcripts of orders of the orphans' court for payment of money by others than fiduciaries, and for executions thereon against real property. In Section 20 (b) and (d), the powers of the court in con- nection with the taking and perpetuation of testimony are revised and enlarged. In Section 20 (e) I, the Commissioners have inserted a pro- vision which is understood to conform with the prevailing prac- tice, according to which on appeals from the Register of Wills the proceedings shall be de novo unless by agreement the appeal be heard on the testimony taken before the Register; the court having the right, however, to require the production of witnesses. In several sections the court is given enlarged powers with respect to the service of citations and notices to parties inter- ested in estates, and to those amenable to the jurisdiction of the court, including attachments to enforce obedience to its orders. In general, the method of giving notices to persons interested has been left to be fixed by general rules of court or special orders in particular cases, the Commissioners considering that fixed statutory regulations are often inappropriate. TABLE OF CONTENTS 1917 Section Pamphlet Number Laws Herein The Orphans' Court Act 363 66 Section i. Organization of court, 366 67 (a) Court to continue to exist in each county, 67 52 ORPHANS' COURT ACT CONTENTS 53 1917 Section Pamphlet Number Laws Herein (b) Separate orphans' courts in certain counties; judges, their election, com- missions and salaries, 68 (c) Composition of orphans' court where not separate, 367 69 (d) President judge of separate orphans' court, 70 1. Senior judge; drawing lots, 70 2. Where only one judge, 71 3. Re-election, , . . . 72 4. Where two or more judges are elected at same election, 73 Section 2. Court to be a court of record; proceed- ings not to be collaterally attacked, 368 74 Section 3. Calling in judges of other districts when judge of district is unable to sit, 75 (a) Power to call in other judge, 75 (b) Compensation and carfare, 76 Section 4. Common pleas judges sitting in separate orphans' court, 77 (a) Power to act, 77 (b) Not compelled to act, 369 78 (c) When president judge absent or disabled other judge may call in common pleas judge 79 (d) Mileage and expenses, 80 Section 5. Orphans' court judges sitting in courts of common pleas or criminal courts, 81 (a) Power to act 81 (b) Not compelled to act 82 (c) When president judge absent or disabled other judge may call in orphans' court judge, 370 83 (d) Mileage and expenses 84 Section 6. Seal of court, 85 Section 7. Court rooms, 86 Section 8. Clerk of court, 87 (a) Register of wills to be clerk in counties having separate orphans' court; other counties, 87 (b) Duties of clerk, 88 1. Custody of records ; duties in general, 88 2. Dockets ; records of accounts ; and auditors' reports, 371 89 54 ORPHANS' COURT ACT CONTENTS 1917 Section Pamphlet Number Laws Herein 3. Translations of papers in other than English language, 90 (c) Bill of costs, 91 Section 9. Jurisdiction, 92 (a) Guardians, 93 (b) Trustees, 372 94 (c) Trustees durante absentia, 95 (d) Executors and administrators, 96 (e) Distribution of decedents' estates, 97 (f) Sale of real estate for payment of debts of decedents, 98 (g) Disposition of title to real estate to render the same freely alienable, et cetera, 99 (h) Partition, IOO (i) Specific execution of decedents' contracts as to real estate, 101 ( j ) Legacies, 102 (k) Discharge of liens and charges, 103 (1) Where executors, administrators, guard- ians or trustees are possessed of or ac- . countable for estate of decedent 104 (m) Appeals and proceedings certified from registers of wills, 105 (n) Incidental and additional powers, 106 Section 10. Rules of court, 107 Section 1 1. Time of holding court 373 108 Section 12. Notice to parties, 109 (a) In general 109 (b) Publication, no Section 13. Attestation of process, et cetera, in Section 14. Return-days of process, 112 Section 15. Proceedings in vacation, 113 Section 16. Injunctions, 1 14 Section 17. Proceedings to obtain appearance; cita- tions, procedure in default of appearance 374 115 (a) Awarding citation, 116 (b) By whom to be served, 117 (c) Manner of service, 1 18 (d) Place of service, 119 (e) Service on sureties, 120 (f ) Return of service, 121 (g) Alias and pluries citations, 122 (h) Order of publication on award of alias or pluries citation, 375 123 ORPHANS' COURT ACT CONTENTS 55 1917 Section Pamphlet Number Laws Herein (i) Default of appearance, 124 1. Power of court to proceed, 124 2. Method of proceeding, 125 Section 18. Proceedings to compel obedience to or- ders and decrees, 126 (a) Modes of enforcing orders and decrees, 126 1. Attachment of the person, 127 2. Sequestration, 128 3. Fi. fa 129 4. Attachment execution, 130 5. Testatum fi. fa., 376 131 (b) Procedure on attachment or sequestration, 132 1. Direction of writs, 132 2. Issuance of process to other counties, 133 3. Form of writ of sequestration, 134 4. Sequestration not to abate on death of party, 377 135 5. Filing copy of writ of sequestration in prothonotary's office, 136 6. Issuance of attachment or seques- tration where party absconds, 137 7. Dissolution of attachment or seques- tration, 138 8. Discharge of persons attached as for contempt, 139 9. Procedure where party is wasting trust property, or is about to abscond, 378 140 10. Enforcement of final order and de- cree for delivery of trust prop- erty, 141 11. Order as to final disposition of trust property, 142 12. Decree in sequestration proceedings when party does not appear; se- curity by complainant, 143 13. Reopening of such decree, 379 144 14. Failure of respondent to apply for reopening, 145 (c) Process to recover fines, forfeitures and amercements, 146 (d) Direction of, and procedure on, writs of fi. fa., 147 ORPHANS' COURT ACT CONTENTS TITLE 1917 Pamphlet Laws (e) Transcripts to the common pleas of orders upon parties, other than fiduci- aries, to pay money, 1. Filing transcripts and effect thereof ; executions, 2. Satisfaction and discharge of judgments on transcripts 380 Section 19. Fees of sheriff; mileage; postage, Section 20. Witnesses and evidence, (a) Subpoenas, (b) Methods of taking testimony, 1. In general, 2. Depositions of aged, infirm, and going witnesses; commissions, and letters rogatory, 381 3. Oral deposition outside of State,. . (c) Production of books and papers, (d) Perpetuation of testimony, (e) Testimony in proceedings removed from register of wills, 382 1. What testimony to be basis of de- cision 2. Testimony taken in orphans' court to be reduced to writing, Section 21. Issues to the common pleas, (a) In general, (b) In proceedings removed from register of wills (c) On distribution of proceeds of sales of real estate, 383 1. Affidavit, 2. Investment of fund pendente lite, Section 22. Appeals, (a) Right of appeal; effect of appeal,.... (b) Disposition of cases on appeal, 384 Section 23. Short title section, Section 24. Repealer, 384-8 66. TITLE. Section Number Herein 148 148 149 ISO 151 I5i 152 152 153 154 155 156 157 157 158 159 159 160 161 161 162 163 163 164 165 166 AN ACT Relating to the organization, jurisdiction and procedure of the orphans' court, the powers and duties of the judges thereof, and appeals therefrom. ORPHANS' COURT ACT SECTION i (o), (&) 57 67. ORGANIZATION OF COURT; COURT TO CON- TINUE TO EXIST IN EACH COUNTY. SECTION i. (a) Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in Gen- eral Assembly met, and it is hereby enacted by the authority of the same, That, In every county of this commonwealth, there shall continue to exist, as heretofore, a court of record, the name and style whereof shall be "The Orphans' Court of (the respec- tive) County." NOTE. This is founded on Section i of the Act of May 19, 1874, P. L,. 206, 3 Purd. 3360, which provides that such court shall be "organized and holden, on and after the first Monday of January, 1875." It is recommended that said section be not repealed. 68. SEPARATE ORPHANS' COURT IN CERTAIN COUNTIES; JUDGES, THEIR ELECTION, COM- MISSIONS AND SALARIES. (&) In the counties of Philadelphia, Allegheny, Luzerne, Berks, Schuylkill, Westmoreland, Montgomery, Lancaster, Lackawanna and Fayette, the orphans' court shall be a separate court of record, which shall consist, in the county of Philadel- phia, of five judges learned in the law, any one of whom may hold the said court, and hear and determine all matters and things therein cognizable, in the county of Allegheny of three judges learned in the law, any one of whom may hold the said court and hear and determine all matters and things therein cognizable, and in the counties of Luzerne, Berks, Schuylkill, Westmoreland, Montgomery, Lancaster, Lackawanna and Fay- ette, each, of one judge learned in the law; and the said judges shall be elected at the same elections, and be commissioned for the same term and in the same manner as the judges of the courts of common pleas of the respective counties where separate orphans' courts are or shall be established. In the counties where separate orphans' courts are or shall be established, the annual salaries of said judges shall be the same as are paid to the judges of the courts of common pleas in the respective counties where such orphans' courts are or shall be established, to be paid in the same manner as the salaries of said judges of the courts of common pleas are now, or may be by law, payable. NOTE. This is Section 3 of May 19, 1874, P. L. 206, 3 Purd. 3360, as amended by the Act of June 13, 1883, F. L. 91, further amended so as 58 ORPHANS' COURT ACT SECTION i (i>), (c), (rf) i to conform to the subsequent legislation establishing separate orphans' courts in counties other than Philadelphia, Allegheny and Luzerne, by adding, in two places, after "hold the said court," the words, "and hear and determine," etc., and by altering the provision that the judges shall be elected "at the next general election." Separate orphans' courts have been established as follows : Bterks County, by Act of June 13, 1883, P. L. 97; Schuylkill County, by 'Act of March 28, 1895, P. L. 31; Westmoreland County by Act of April n, 1901, P. L. 71; Montgomery County, by Act of May 2, 1901, P. L. 117; Lancaster County, by Act of July n, 1901, P. L. 655; Lackawanna County, by Act of July n, 1901, P. L- 657; and Fayette County, by Act of May 25, 1907, P. L. 260. The Act of 1874 provided for three judges in Philadelphia County. The Act of April 28, 1887, P. L. 72, 3 Purd. 3361, provided for an addi- tional judge, and the Act of March 22, 1907, P. L. 26, 6 Purd. 7034, provided for a fifth judge. The Act of 1874 provided for one judge in Allegheny County. The Act of May 5, 1881, P. L. 12, added another judge, and the Act of July 18, 1901, P. L. 669, added a third. These acts are not recommended for repeal. Since the passage of this act separate orphans' courts have been estab- lished as follows: Cambria County by Act of June 4, 1919, P. L. 372; Washington County by Act of July 8, 1919, P. L. 736; Delaware County by Act of April n, 1921, P. L. 121, and Erie County by Act No. 397, May 24, 1921. 69. COMPOSITION OF ORPHANS' COURT WHERE NOT SEPARATE. (c) The orphans' court of each county, except in the counties where separate orphans' courts are or shall be established by law, shall be composed of the judge or judges, when there are more than one, of the court of common pleas thereof ; but any one judge learned in the law shall have power to hold the court, and hear and determine all matters and things therein cognizable. NOTE. This is Section 2 of the Act of May 19, 1874, P. L. 206, 3 Purd. 3360, except that, in lines 2 and 3, the words beginning with "where" and ending with "law" have been substituted for "of Philadelphia, Allegheny and Luzerne." The repeal of the Act of April 7, 1876, P. L. 19, 3 Purd. 3725, is rec- ommended, so far as it relates to the orphans' court, since the above provisions of the Act of 1874 cover the matter. 70. PRESIDENT JUDGE OF SEPARATE ORPHANS' COURT; SENIOR JUDGE; DRAWING LOTS. (d) I. In all counties in which there is or hereafter may be established a separate orphans' court, the governor shall issue a ORPHANS' COURT ACT SECTION i ( 3 Sm. L. 20, absolutely. Section 2 of an act entitled "A supplement to the act, entitled 'An act to establish the judicial courts of this commonwealth, in conformity to the alterations and amendments in the Constitu- tion,' " passed September 30, 1791, 3 Sm. L. 58, absolutely. Section 5 of an act entitled "An act for the levy and collection of taxes upon proceedings in courts, and in the offices of register and recorder, and for other purposes," approved April 6, 1830, P. L. 272, absolutely. Sections i to 5, inclusive, 7 to 13, inclusive, 17, 25, 31, 32, 36, 38, 39, 42 and 43 of an act entitled "An act relating to registers and registers' courts," approved March 15, 1832, P. L,. 135, abso- lutely. 198 REGISTER OF WILLS ACT SECTION 26 Section 10 of an act entitled "An act supplementary to an act passed the twenty-ninth day of March, one thousand eight hundred and thirty-two, entitled 'An act relating to orphans' courts,' and relating to contracts of decedents and escheats in certain cases, and relative to the district court of the City and County of Phila- delphia, and to registers of wills," approved April 3, 1851, P". L. 305, absolutely. Sections 4 and 5 of an act entitled "An act for the preservation of the records of the courts," approved April 19, 1856, P. L. 458, absolutely. Section 7 of an act entitled "An act for the greater certainty of title and more secure enjoyments of real estate," approved April 22, 1856, P. L. 532, absolutely. An act entitled "An act relating to the fees and official bond of the register of wills in counties wherein separate orphans' courts are or may be hereafter established," approved March 24, 1877, P. L. 37, absolutely. An act entitled "An act to provide for the recording of inven- tories and appraisements of decedents' estates by the register of wills," approved June 24, 1885, P. L. 155, absolutely. An act entitled "An act to authorize registers of wills and or- phans' courts to require security for costs, and to apportion costs in cases of caveats and appeals," approved June 6, 1887, P. L. 359, absolutely. An act entitled "An act to provide for the recording of exem- plifications of wills relating to real estate in the office of the reg- ister of wills for any county of this commonwealth, in which said real estate is situate, and giving to the records of such exempli- fications the same effect as the original wills or their duly certified copies or their records," approved April 23, 1889, P. L. 48, abso- lutely. An act entitled "An act requiring all public records within this commonwealth to be kept in the English language," approved May 31, 1893, P. L. 188, in so far as it relates to wills and other in- struments offered for probate or recording in the office of the register of wills. An act entitled "An act amending section seven of an act, en- titled 'An act for the greater certainty of title and more secure enjoyments of real estate,' approved twenty-second day of April, Anno Domini one thousand eight hundred and fifty-six, relating REGISTER OF WILLS ACT SECTION 26 199 to the time when the probate or refusal to probate a will shall be conclusive as to realty," approved June 25, 1895, P. L. 305, abso- lutely. An act entitled "An act authorizing appeals to orphans' courts from decisions of registers of wills, granting issues devisavit vel non in cases of contested wills," approved February 28, 1905, P. L. 2,6, absolutely. An act entitled "An act providing that the last will of any de- cedent, to be effective against bona fide conveyances or mort- gages of the real or personal estate of the decedent, must be offered for probate within three years from the date of the death of the testator, or before the date of the recording of such conveyance or mortgage," approved April I, 1909, P. L. 79, absolutely. An act entitled, "An act to amend the second section of an act, approved the twenty-fourth day of March, Anno Domini one thousand eight hundred and seventy-seven, entitled 'An act relat- ing to the fees and official bond of the register of wills, in counties wherein separate orphans' courts are or may be hereafter estab- lished,' by removing the restriction as to population oi the coun- ties affected by the act," approved April 27, 1911, P. L. 87, abso- lutely. All other acts of assembly, or parts thereof, that are in any way in conflict or inconsistent with this act, or any part thereof, are hereby repealed. THE INTESTATE ACT of June 7, 1917 (P. L. 429). PRELIMINARY NOTE BY COMMISSION In this revised act, the Commissioners have followed the phrase- ology of the existing statutes in accordance with their resolution to make, as a general rule, only such verbal changes as might be necessary where a substantive change of the law is intended. It is well at this point to note two important changes which af- fect the entire act. The first is that the same scheme of inheritance is provided for both real and personal estate, thus ignoring the distinction that exists at present by which the interests of the sur- viving spouse or of parents are in some cases restricted to a life interest in the realty while their interests in the personal estate are absolute. The reason for this distinction is purely historical ; the common law rules of inheritance of real estate came through the feudal law, while the statutes of distribution of personal estate were de- rived through the Roman law, and were in England administered by the Ecclesiastical Courts and the Court of Chancery. Many of the resulting distinctions have long since been abolished in this commonwealth, and it is now suggested that a further step be taken, in thus providing that the interests of those entitled shall be in fee in both realty and personalty. However venerable the origin of the present law may have been, the Commissioners think that the difference has now become purely arbitrary and produces an artificial inequality. It is a pure accident whether at the moment of a man's death his property consists of lands or stocks and bonds, of ground rents issuing out of land or mortgages secured upon lands; all these are merely forms of property and the rights of heirs and next of kin should not be affected by matters of accident rather than of substance. Land, owing chiefly to its characteristic of immobility, may properly, and indeed sometimes must, be sub- ject to different rules from personalty in such matters as the method of taxation or conveyance, the regulation of liens, mort- gages or pledges; but in such cases there is an inherent reason for the difference, which finds no place in a logical plan of inher- 200 INTESTATE ACT 2OI itance or succession. We, therefore, recommend to the legislature that all property where the owner dies intestate shall descend or be distributed according to one system. This, in the words of a distinguished legal scholar, Frederic W. Maitland, "is what a civil- ized jurisprudence requires, and here as always scientific juris- prudence is on the side of convenience and common sense." The second important change which the Commissioners recom- mend is that the reciprocal rights of husband and wife in each other's intestate estate should be the same. Under the present law, the widow, if there be no issue, takes one-half of the real estate for life and one-half of the personal estate absolutely, and in addi- tion, under the recent Act of April I, 1909, P. L. 87, 5 Stew. Purd. 6476, five thousand dollars in real or personal estate as she may elect, before the division of the remainder of the estate. If there be issue, the widow takes one-third of the real estate for life and one-third of the personal estate absolutely. The surviving husband, on the other hand, if there be no issue takes all his wife's real estate for life as tenant by the curtesy, and all the personal estate absolutely, while if there be issue the husband divides the personal estate with the children share and share alike, that is he takes a child's share. These provisions are the resultant of the gradual growth and changes in our law during many years and their complexity is in practice greatly increased by the different rights given to the surviving husband and wife in electing to take against the will of the other; the wife having the right to take the same share of her husband's estate, real and personal, as she would have taken had he died intestate; while the surviving hus- band, in case he elects to take against his wife's will, has not the right to take as in cases of intestacy, but may choose either to take the real estate as tenant by the curtesy or the same share of her estate as she might take of his estate, in case she took against his will. There is no apparent reason why the reciprocal rights of husband and wife in each other's intestate estate should be so dif- ferent, and the Commissioners are of opinion that they should be simplified ; that there should be given to the surviving husband or wife, in case of intestacy, the same right in the estate, real and per- sonal, of the other, and the same right in cases of testacy, to take under the intestate law. The Commissioners have embodied such a provision in their draft of the new Wills Act submitted herewith, and it is suggested that these changes will reduce our law upon the subject to a symmetrical and harmonious plan. 202 INTESTATE ACT CONTENTS While they are not so fundamental, other changes are recom- mended which deserve particular notice. In Section I (a), it is provided that where an intestate leaves a surviving spouse and issue one child only, or descendants of one child, the spouse shall take one-half instead of one-third of the estate. In Section 2, the special allowance of $5,000 to a surviving spouse where there is no issue is restricted to the case of actual intestacy, and no longer applies when the surviving spouse elects to take against the will. The procedure for the appraisement and setting apart of the property specially allowed is defined with greater exactness than under existing laws. In Section 4, the rights of a surviving husband in remainder estates vested in his deceased wife are extended so as to be uni- form with those of a surviving wife. In Section 9, the distinction in the inheritance of real estate be- tween the whole and half blood is abolished ; and in Section 13 the rule at present surviving in some cases as to the restriction of in- heritance to persons of the blood of the first purchaser is likewise abolished. In Section 15, the right of inheritance in cases of illegitimacy is extended to the maternal grandfather, and illegitimate children are legitimated by the marriage of their parents without the pres- ent requirement of cohabitation. In Section 16, the rights of adopted children are more accurately defined in accordance with the present legislative policy. In Section 23, it is provided that no murderer shall inherit from the person whom he has killed the present law on this subject seeming to the Commissioners to be opposed to the sentiments of morality. Both this and the proposed Wills Act are made operative only upon the estates of persons dying on or after a day named, sub- sequent to the approval of the acts. TABLE OF CONTENTS. 1917 Section Pamphlet Number Laws Herein The Intestate Act, 429 292 v Section i. Surviving spouse and issue, 431 293 \/ (a) Surviving spouse and one child, or de- scendants of one child, 294 INTESTATE ACT CONTENTS 203 1917 Section Pamphlet Number Laws Herein ^(b) Surviving spouse and more than one child, or descendants of more than one child, 295 V Section 2. Surviving spouse and no issue, but col- lateral heirs, 296 V(a) Allowance of five thousand dollars and one-half of remaining estate, 296 (b) Appraisement and appraisers, 432 297 (c) Confirmation of appraisement, 298 (d) Allowance out of real estate valued at more than five thousand dollars, 299 (e) Title to such real estate, 433 300 (f) Rents, income, interest, and dividends of property set apart, 301 (g) Real estate in another county, 301 (h) Certified copy of decree to be recorded and registered, 434 303 \ x Section 3. Widow's share in lieu of dower; share in lands aliened by husband, and in es- tate in remainder, 303 ^Section 4. Surviving husband's share in lieu of curtesy ; share in estate in remainder, 30S /^Section 5- Husband's right barred by refusal to provide for wife, or by desertion, ..... 435 306 Section 6. Widow's right barred by desertion, . . . 307 L^Section 7. Issue, 308 (a) Children, 309 (b) Grandchildren, 310 (c) Descendants in same degree of consan- guinity, 3ii (d) Descendants in different degrees of con- sanguinity, 312 I. Shares of children, 313 2. Shares of grandchildren, 314 3. Issue taking by representation, .... 436 3iS 1 Section 8. Parents, 316 \*s- Section 9. Collateral heirs, 317 (a) Brothers and sisters, 3i8 (b) Nephews and nieces, 319 (c) Children of deceased brothers or sisters, taking by representation, 320 (d) Descendants of brothers or sisters, 321 Section 10. Next of kin, 437 322 Section n. Limits of representation, 323 Section 12. Grandparents, and issue of deceased grandparents, 324 204 INTESTATE ACT CONTENTS 1917 Section Pamphlet Number Laws Herein (a) Children of deceased grandparent, 325 (b) Grandchildren of deceased grandparent, 326 (c) Descendants of deceased grandparent in same degree of consanguinity, 438 327 (d) Descendants of deceased grandparent in different degrees of consanguinity, .... 328 1. Children of deceased grandparent, 329 2. Grandchildren of deceased grand- parent, 330 3. Issue taking by representation, ... 331 Section 13. Rule as to blood of first purchaser abrogated, 332 Section 14. Foregoing provisions apply only to legiti- mates, 333 Section 15. Illegitimates, 439 334 (a) Inheritance as between mother, grand- parents, and child, 334 (b) Inheritance as between children, legiti- mate and illegitimate, 335 (c) Legitimation as to mother, but not as to father, 336 (d) Legitimation by marriage of parents, .... 337 Section 16. Adopted children 338 (a) Inheritance as between adopted person and adopting parents, 338 (b) Inheritance as between adopted person and adoptive relatives ; natural kindred of adopted person excluded, 339 Section 17. Surviving spouse and no known heirs or kindred 440 340 (a) Rights of surviving spouse 340 (b) Procedure, 341 Section 18. Estates passing to persons entitled under the act, 441 342 Section 19. Persons in same degree of consanguinity take equally, Section 20. Posthumous children, Section 21. Limitation of claims, Section 22. Advancements 442 ^ Section 23. Person adjudged guilty of murder not to inherit from murdered person, 347 Section 24. Escheat, 348 Section 25. Act not to apply to personal estate of in- testate dying domiciled outside the com- monwealth, 349 Section 26. Short title section, 350 Section 27. When act shall go into operation, 351 Section 28. Repealer 442-7 352 INTESTATE ACT SECTION i () 205 292. TITLE. AN ACT. Relating to the descent and distribution of the real and personal property of persons dying intestate, and to provide for the record- ing and registering of the decrees of the orphans' court in con- nection therewith and the fees therefor. "The Act of 1917 was the result of the efforts of a commission, ap- pointed by the Governor of the Commonwealth, to codify, or assemble into one group, the numerous provisions on our statute books dealing with the intestate law and kindred matters ; and the commission itself framed the act. The bill thus prepared was passed by the legislature without the slightest deviation from the recommendations of its draftsmen, so far as the portions having any bearing on this case are concerned ; and, when the historical development of this branch of our statutory law is considered, together with the whole structure of the present statute, it is apparent that no radical changes or departures from preexisting rules of inheritance were intended. On the contrary, the mischief to be cor- rected lay in the fact that there were too many acts covering the subject- matter, not that the rules there laid down were either wrong or undesir- able, and the remedy intended, at least as to the sections here involved (see 322, 323, 324 and 343 infra.), was simply their codification, or putting together, in a single act. Of course, this combination of various legisla- tive enactments into one statute necessitated the insertion of certain in- troductory parts, and, as already said, Section 10 is of that nature ; it must be taken with the other parts, to which it is introductory, in order to ascertain its true meaning." Moschzisker, C. J. in opinion January 3, 1922, in Miles' Est, 272 Pa. 329. 293. SURVIVING SPOUSE AND ISSUE. SECTION i. Be it enacted by the Senate and House of Repre- sentatives of the Commonwealth of Pennsylvania in General As- sembly met, and it is hereby enacted by the authority of the same, That the real and personal estate of a decedent, whether male or female, remaining after payment of all just debts and legal charges, which shall not have been sold, or disposed of by will, or other- wise limited by marriage settlement, shall be divided and enjoyed as follows: namely, 294. SURVIVING SPOUSE AND ONE CHILD OR DE- SCENDANTS OF ONE CHILD. (a) Where such intestate shall leave a spouse surviving and one child only, or shall leave a spouse surviving and no children 206 INTESTATE ACT SECTION i (a) but shall leave descendants of one deceased child, the spouse shall be entitled to one-half part of the real and personal estate. NOTE. The introductory paragraph is copied from Section i of the Act of April 8, 1833, P. L. 315, 2 Purd. 1994, which was amended by the Act of April i, 1909, P. L. 87, 5 Purd. 6476. Clause (a) is clause i of the same section, amended so as to make the rights of husband and "wife the same and to eliminate the distinction between real and personal prop- erty in this regard, and to give the surviving spouse one-half of the estate under the circumstances described. Section i of the Act of 1833 was derived from Sections 3 and 4 of the Act of April 19, 1794, 3 Sm. L. 143. The earlier acts provided, in sub- stance, as follows: Act of 1683 (noth Law): "That the estate of an intestate shall go to his wife, his child, or children." Act of 1684 (i72d Law) : "One-third of the personal estate shall go to the wife; and one- third of the lands and tenements during her natural life; * * * and in case the intestate leaves no child, then half the^ personal estate to the widow, and the moiety of the real estate during her natural life." Act of 1693: "One-third to the wife, the residue among his children * * *; and if there be no children nor legal representatives of them, one moiety shall be allotted to the wife. * * * Provided, That where testators', or intestates' personal estates are sufficient to pay all debts," and so forth, "then the real estate to be distributed in manner following, * * * one- third of all intestates' lands to the wife for life." Act of 1705 (3 Sm. L. 156 n.) : "One-third part of the said surplusage to the wife of the in- testate. * * * And in case there be no children, nor any legal represen- tatives of them, then one moiety of the said estate to be allotted to the wife of the intestate." Section 8 of the Act of 1705 provided: "That the surplusage or remain- ing part of the intestate's lands, tenements and hereditaments * * * shall be divided between the intestate's widow and children, or the survivors of them, who shall equally inherit and make partition, as tenants in com- mon may or can do. But if the intestate leaves a widow and no child, then such widow or relict shall inherit one moiety or half part of the said lands and tenements." Section 10 of the Act of 1705 provided: "That nothing in this act con- tained shall give any widow a right or claim to any part of such lands or tenements, for her dower or thirds, as shall yield yearly rents, or profits, whereof her husband died seized, for any longer time than the term of her natural life; which dower she shall hold as tenants in dower do in England." Section 2 of the Act of March 23, 1764 (3 Sm. L. 159 n.) provided: "That the shares and purparts of intestates' real estates which by the act for settling intestates' estates aforesaid are given to widows, shall be con- strued and understood to be estates for their natural lives, respectively, and not otherwise." Section 5 of the Act of April 4, 1797 (3 Sm. L. 296) provided : "That where any woman shall hereafter die intestate" leaving a husband, "he shall take the whole personal estate, and the real estate shall descend INTESTATE ACT SECTIONS i (a), (6)-2 (a) 207 and go in the same manner as is directed in the case of men dying intestate, saving to the husband his right as tenant, by the curtesy." In this section, the Commissioners have introduced a change which they consider a much needed improvement. The Act of 1833 provides for two cases : first, where there is no issue, and second, where there is issue. This clause provides for the case where there is issue one child, or the descendants of one child only; in which case the surviving spouse will take not one-third, but one-half of the estate. It seems unjust where a man dies leaving a widow and one child, often a minor, that the single child should receive twice as much as its mother, and many cases of hardship have been observed in practice. In Rowan's Estate, 132 Pa. 299, an adopted child was thus held entitled to two-thirds of the estate as against the widow. In this section and throughout the act the Commissioners have used the words, "surviving spouse," in place of "widow or surviving husband," and the like, believing that the use of one word is preferable when there can be no mistake as to the meaning, and where the interests of widow and husband are made the same, as it is now suggested they should be. "The Intestate Act of June 7, 1917, P. L. 429, places the husband and wife on a parity as to inheritance from each other." Per Williams, J., in Caldwell v. Caldwell, 70 Super. 332, p. 336. 295. SURVIVING SPOUSE AND MORE THAN ONE CHILD OR DESCENDANTS OF MORE THAN ONE CHILD. (6) Where such intestate shall leave a spouse surviving and more than one child, or one child and the descendants of a deceased child or children, or the descendants of more than one deceased child, the surviving spouse shall be entitled to one-third part of the real and personal estate. NOTE. This is a new clause, further amending clause i of Section i, of the Act of 1833, along the same lines. See Commonwealth v. Rife, 50 Pa. C. C. 22. 296. SURVIVING SPOUSE AND NO ISSUE BUT COL- LATERAL HEIRS, ALLOWANCE OF $5,000 AND ONE-HALF OF REMAINING ESTATE. SECTION 2. (a) Where such intestate shall leave a spouse surviv- ing and other kindred, but no issue, the surviving spouse shall be entitled to the real or personal estate, or both, to the aggregate value of five thousand dollars, in addition, in the case of a widow, to the widow's exemption as allowed by law; and, if such estate shall exceed in value the sum of five thousand dollars, the sur- 208 INTESTATE ACT SECTION 2(0) viving spouse shall be entitled to the sum of five thousand dollars absolutely, to be chosen by him or her from real or personal es- tate, or both, and in addition thereto shall be entitled to one-half part of the remaining real and personal estate : Provided, That the provisions of this clause as to said five tfiousand dollars in value* shall apply only to cases of actual intestacy of husband or wife, entire or partial, and not to cases where the surviving spouse shall elect to take against the will of the deceased spouse. NOTE. This is clause n of Section i of the Act of 1833, as amended by the Acts of April i, 1909, P. L. 87, 5 Purd. 6476, and July 21, 1913, P. L. 875, 5 Purd. 6478, further amended so as to apply expressly to hus- band as well as wife, so as to be limited to cases of actual intestacy, and so as to make the estate of the surviving spouse absolute in real as well as personal property. The words "collateral heirs" are omitted in the second line, as they ex- clude parents and grandparents. In accordance with their view that the interests of the surviving hus- band and wife should be the same, the Commissioners have made the pro- visions of the Act of April i, 1909, apply equally to both cases. The spe- cial allowance of $5,000 where there is no issue, conferred upon the widow by this act, appears to have been favorably considered during the time it has been in operation, and no change in the amount is suggested. The Act of April i, 1909, was most probably not intended by the legisla- ture to apply to the case of a husband who should elect to take against the will of his wife (there being no issue), but this result followed logically from a consideration and comparison of the Acts of April 8, 1833, P- L. 315, April n, 1848, Section n, P. L. 536, and May 4, 1855, Section i, P. L. 430, as shown in Buckland's Estate, 239 Pa. 608; Moore's Estate, 50 Super. Ct. 76. A result of the Act of 1909 in connection with prior legislation is that a married person having no issue whose estate amounts to $5,000 or less cannot make any testamentary disposition of his or her estate. The Com- missioners recommend in this section that the special allowance of 1909 shall be made only in cases of actual intestacy, and not where the surviv- ing spouse elects to take against the will of the deceased spouse. See Shoch's Est., 271 Pa. 158 afFg. 29 Dist. 1163. Under the Intestate Act of June 7, 1917, P. L. 429, Section 2 (a), when a husband dies intestate leaving a widow, but no issue, the share to which the widow becomes entitled vests in her absolutely as an inheritance, and on the death of the widow, intestate, passes to her next of kin. In such case her next of kin are entitled to have $5,000 in value of the husband's estate appraised and set apart for their benefit, although no claim therefor was made by the widow in her lifetime. Nolan's Est., 68 P. L. J. 588, 21 Lack. 239, 2 Erie 211, 9 Lehigh 57. *Amended by Act of July n, 1917 (P. L,, 403), INTESTATE ACT SECTION 2 (a) 209 The $5,000 preference allowed to a widow under the Act of June 7, 1917, P. L. 429 (Intestate Act), is a vested interest in her at the death of her husband, and this she cannot be deprived of except by her own act. If the widow dies without having made any demand for it in her lifetime, her next of kin are entitled to claim it after her death, and the claim may be made for them by her personal representative. Desmond's Est., 28 Dist. 231, 36 Lane. 217, 8 Leh. 255. "The controlling distinction between the law relating to the $500 ex- emption and the $5,000 allowed to widows under the Act of 1917 is that the $5,000 worth of property, real or personal, vests in the widow at the death of her husband, and does not require any action on her part to se- cure the same. "The $500 exemption does not vest at the death of the husband, but only when she has elected to exercise the right, and this her executor or ad- ministrator cannot do for her after her death." Per Maxwell, P. J., in Desmond's Est., 28 Dist. 231, 36 Lane. 217, 8 Leh. 255. (Note. It would seem to be improper practice to join in one petition a claim for an allowance of $5,000 and a claim for the exemption of $500. Editor.) A common law marriage with decedent duly proven to the satisfaction \ A* of the court will enable the widow to successfully claim the allowance. , Wandall's Est., 29 Dist. 1132. A mere irregularity in a divorce proceeding, rendering the decree voidable, but not void, especially under attack by one not a party, will not deprive the widow of her right to the allowance. McDonald's Est., 268 Pa. 486, 112 Atl. 98, reversing i Wash. 10, 49 Pa. C. C. 423. A widow electing against her deceased husband's will is excluded from the benefits of the special allowance of $5,000 under Section 2 (a) of the Intestate Act of June 7, 1917, P. L. 429, as amended by the Act of July n, 1917, P. L. 755- The plain intention of these statutes to exclude from the benefit of the special allowance a spouse electing to take against the will of the de- ceased spouse prevails against the less certain provision of Section 23 of the Wills Act of June 7, 1917, P. L. 403. Section 2 (a) of the Intestate Act and its amendment of July n, 1917, are not in conflict with Art. Ill, Sec. 3, of the Constitution, as the title of the Intestate Act is sufficiently germane to the body of the act. Col- lom's Est., 47 Pa. C. C. 434, 28 Dist 503. See, also, Pfanen Schmidt's Est., 35 Montg. 135; Langerwisch's Est., 47 Pa. C. C. 121, 28 Dist. 470, 8 Leh. 147, affirmed in 267 Pa. 319, no Atl. 165. Where a man dies after the passage of the Act of July n, 1917, P. L. 755, which amended the Act of June 7, 1917, P. L. 429, leaving to survive him a widow and collateral kin, and leaving a will by which he directed his estate to be distributed in accordance with the intestate laws, and by which he directed his executrix, the widow, to convert into money all his real and personal property, and the widow elects to take under the will, the court will refuse the widow's petition for the appointment of apprais- ers to set apart real and personal property to the value of $5,000; but the dismissal of the petition will be without prejudice to the right of the 14 210 INTESTATE ACT SECTION 2 (a) widow to enforce her claim by taking credit therefor in the settlement of her account as executrix, and urging it upon final distribution. Such a case is not one of intestacy, and therefore the Acts of June 7, 1917, P. L. 429, and July n, 1917, P. L. 755, have no application, since they relate solely to the descent and distribution of the real and personal property of persons dying intestate. Where, as here, the widow takes in money, no appraisement is necessary. Carrell's Estate, 264 Pa. 140. Under subdivision (a) as amended June II, 1917, P. L. 755, and sub- divisions (&) and (d) of Section 2 of the Intestate Act of June 7, 1917, P. L. 429, the collateral heirs cannot control in their own interest the elec- tion of a spouse to take certain property for his or her special allowance of $5,000. "Nowhere in the act is there any restriction upon the freedom of its beneficiary to choose the property of the estate he or she will take in sat- isfaction of this portion of the inheritance it provides, but on the contrary, the act expressly directs that the portion shall 'be chosen by him or her from real or personal estate, or both.' In a case under the Widow's Ex- emption Act of 1851, it was ruled that a creditor of an insolvent could not control the widow's election to save himself from loss : Graves's Estate, 134 Pa. 377. A fortiori, the collateral heirs who are mere volunteers, can- not control in their own interest the election of the favored heir under the Intestate Act." Barnett, P. J., in Troutman's Est., 30 Dist. 708. Where a widow makes her will, marries a second time, and dies leaving in existence the will made prior to her second marriage, her surviving hus- band is entitled under the Wills Act of June 7, 1917, P. L. 403, and the Intestate Act of June 7, 1917, P. L. 429, as amended by the Act of July II, 1917, P. L. 755, to the allowance of $5,000 provided by the Intestate Act. By her remarriage her will, as to her second husband, was annulled, and there was an actual intestacy as to him. Shestack's Estate, 267 Pa. 115, no Atl. 1 66. Intestacy may result not merely from the testator's failure to make a will at all, or from his failure to dispose in his will of all his estate, but also from his failure to make a legal and effectual disposition of either his entire estate or a portion of it. Where a charitable bequest of the residuary estate is void under the Wills Act of June 7, 1917, Sec. 6, P. L. 403, because of the death of the testator within thirty days after making the will, there is an actual, al- though partial, intestacy within the meaning of the Intestate Act of June 7, 1917, Sec. 2 (a), P. L. 429, as amended by the Act of July u, 1917, P. L. 755, which gives the surviving spouse of an intestate (there being no issue) a special allowance of $5,000 out of the real or personal estate, in addition to the one-half of the remaining estate. McNulty's Estate, 29 Dist. 709. On a petition for the widow's claim for $5,000 under the Intestate Act of July u, 1917, Section 2, P. L. 755, which she claimed from the real es- tate left by the decedent, consisting of two properties, appraisers were appointed and appraised the properties at $15,000. One of the next of kin filed exceptions to this appraisement, and a bona fide written offer of $20,000 was made for the properties, and it appeared that the property INTESTATE ACT SECTION 2 (a) 211 next door, consisting of a property similar to one of these, had been sold for $15,000. Under these facts the court refused to approve the appraise- ment and ordered the appraisers to make a reappraisement. Brady's Es- tate, 29 Dist. 24. The constitutionality of the amending Act of July n, 1917, having been attacked, the Supreme Court, in a per curiam opinion, affirming Langer- wisch's Estate, supra, said : "Diedrich Langerwisch died testate February 3, 1919, leaving a widow, but no issue. She elected to take against his will, and claimed such interest in his real and personal estate as would have passed to her if he had died intestate. Her claim, disallowed by the court below, was for $5,000 out of her husband's real or personal estate, in addition to the exemption al- lowed her by law. It was disallowed, because Section 2, clause (o), of the Act of June 7, 1917, P. L,. 429, as amended by the Act of July n, 1917, P. L. 755, provides the 'clause as to said five thousand dollars in value shall apply only to cases of actual intestacy of husband or wife.' On this appeal the sole contention of the appellant is that the amending act is unconstitutional, in that it violates Section 3 and Section 7, clause 16, of Article III, of the Constitution. It is entitled, 'An act to amend Section two clause (a) of the Intestate Act of one thousand nine hundred and seventeen, approved June seventh, one thousand nine hundred and seven- teen, by inserting in the proviso to said clause the words 'as to said five thousand dollars in value.' This title contains but one subject, which is 'clearly expressed' and the act is a general law, not a local or special one, 'changing the law of descent or succession.' This is too plain for dis- cussion." Langerwisch's Est., 267 Pa. 319; no Atl. 165. The fact that the Orphans' Court Partition Act of 1917 (P. L. 338), in Sections 15, 18 and 29 appears to concede to the widow a lesser estate in lands of the decedent than that conferred by the Intestate Act of 1917 (P. L. 431), approved the same day, does not in any way affect the quantum of the estate taken by the widow under the latter act. If there were any conflict between the two acts, the Intestate act must govern as to the interest taken, the Partition Act having to do merely with procedure, and the enforcement of rights conferred by the Intestate Act. But the alleged conflict is only apparent, and the references in the Partition Act to the life estate of the widow are evidently intended to refer to estates of persons dying prior to the Intestate Act of 1917. "Under Section 2 (a) of the Intestate Act of 1917, P. L. 431, the widow is apparently entitled in fee to an undivided one-half part or interest in decedent's real estate; while Sections 15, 18 and 29 of the Orphans' Court Partition Act of 1917, P. L. 337 (approved the same day as the last men- tioned statute) appear to concede to the widow but a lesser share in said lands, to wit, a life estate only; the respondent in its answer directing our special attention to certain language appearing in said last named act, to wit, in Section 15, the words 'where by existing laws the widow is en- titled to a dower of one-third in the real estate and * * * where by ex- isting laws the widow is entitled to a dower of one-half in the real es- tate,' and in Section 18, the words 'should the widow of the decedent be 212 INTESTATE ACT SECTION 2 (a) * * * entitled to a life estate in one-half or one-third of the real estate under the intestate laws, or should such widow elect to take against the will of the decedent and thereby be entitled to such a life estate' and in Section 29, the words 'if there be a widow entitled to a life interest in such real estate under the intestate laws, or should such widow elect to take against the will and thereby be entitled to such life estate.' " "As the decedent, William S. Dodd, whose estate is before us, died on September 19, 1920, to wit, long after December 31, 1917, the date upon which the Wills Act of 1917, P. L. 403, and the Intestate Act of 1917, P. L. 429, both became operative, this estate, its administration and devolu- tion, are therefore manifestly subject to the control of these two statutes. We are, therefore, clearly of the opinion that the petitioner, as widow of the decedent, upon her electing to take against her husband's will became, under Section 23 of the said Wills Act of 1917, P. L. 403, and under Sec- tion 2 (a) of the said Intestate Act of 1917, P. L. 429, entitled to and in- vested with, an undivided one-half part, share or interest in fee simple, in said decedent's real estate; and that the cited portions of the said Orphans' Court Partition Act of 1917, P. L. 337 (15, 18 and 29), do not and are not designed to diminish such fee simple share, part or interest so prescribed for the widow in and by the said Wills Act and Intestate Act." * * * "It is the intestate laws of the commonwealth which de- termine all matters pertaining to the descent and inheritance of estates of decedents ; fixing the character, kind, quantity and amount of the inter- ests of shares in decedents' real and personal property which shall pass to and vest in surviving spouses and kinsmen. The Partition Acts merely provide the method for enforcing the rights so conferred by the Intestate Acts. Hence, it follows that on general principles, were there indeed a clash or conflict between the provisions of the Intestate Act of 1917, P. L. 429, and of the Orphans' Court Partition Act of 1917, P. L. 337, on a mat- ter of quantity, size, amount of shares or interests of a decedent's estate to descend or vest, the latter statute (merely prescribing procedure) would, of necessity yield to the former statute as to matters so lying exclusively within the scope and province of the said Intestate Act. "However, the respondent, in its answer, has not directed our attention to or shown that there really exists any clash or conflict between the two statutes under consideration. By its express terms, the Intestate Act of 1917, P. L. 429, becoming operative and effective on December 31, 1917, is made to apply to estates, real and personal of all persons dying intestate on or after the said day so designated ; expressly providing that as to the estates, real and personal, of persons dying before the day designated, the existing laws should remain in full force and effect. Under Section i of the Act of April 8, 1833, P. L. 316, which applies to and controls the devolution of estates of intestates dying before December 31, 1917, a surviving widow was entitled to certain interests in her husband's real estate for life only, to wit, so-called statutory dower, i. e., a life estate in a third or a half part of such lands, depending on whether the decedent had left any children or issue. The Intestate Act of 1917, P. L. 429, gives the widow of an intestate dying on or after December 31, 1917, not statu- tory dower as under the old law, but certain interests in fee simple in the decedent's real estate, to wit, an undivided one-third part thereof or an INTESTATE ACT SECTION 2 (a), (&) 213 undivided half part thereof or more, depending on whether or not the decedent leaves children or issue, and if so, the number thereof. The Orphans' Court Partition Act had to be drafted by the lawmakers to meet the circumstances and requirements of the estates of all intestates, to wit, those dying before, as well as those dying after December 31, 1917; for such act was to apply to estates of decedents irrespective of the dates of their respective deaths. Now, as to widows of intestates dying after De- cember 31, 1917, no special mention of the shares of such widows therein was in such act necessary ; for, thereunder surviving spouses taking shares in fee, such shares are of precisely the same character and quality as, and, therefore, fall in the same category with, the other shares and inter- ests vesting in the decedent's descendants or collateral kinsmen. The said act, however, had to make and preserve special provision for the statutory dower of widows of husbands dying prior to December 31, 1917, which circumstance accounts for and explains the use of the pointed out lan- guage appearing in Sections 15, 18 and 29 of the said act. The purpose and necessity for such provisions and language is manifest, to wit, being designed and required to provide for the life interests of widows in es- tates of intestates dying before December 31, 1917, and in estates of tes- tates dying before said date, where the widows elect to take against the wills of their respective husbands. Accordingly we reach the conclusion that there exists no clash nor conflict between the provisions of the Or- phans' Court Act of 1917, P. L. 337, and the Intestate Act of 1917, P. L. 429; at least as to any matter to which the petitioner has directed our atten- tion. It is well to observe, moreover, in passing that did indeed such conflict exist between the provisions of the two statutes under consid- eration, the provisions of the Orphans' Court Partition Act of 1917, P. L. 337, aside from its being a mere possessory action, would, for another important reason, be legally forced to yield to the pertinent provisions of the Intestate Act of 1917, P. L. 429, as to all matters within the scope of the last mentioned statute; for, the latter act, although approved the same day as the former act became operative long after the said Orphans' Court Partition Act had become law ; so that the Intestate Act thus later be- coming operative, would automatically and of necessity supersede such provisions of the Partition Act, if any, in conflict with the provisions of the said Intestate Act." Dodd's Estate, i Wash. 236. 297. APPRAISEMENT AND APPRAISERS. (&) The appraisement and setting apart of the said five thou- sand dollars in value of property shall be made by two appraisers, who shall be appointed by the orphans' court having jurisdiction of the accounts of the personal representatives of such intestate, and shall be sworn or affirmed to appraise the property which the surviving spouse shall choose under the provisions of this act. Each of such appraisers shall receive, as compensation for each day or fraction thereof necessarily employed in the performance 214 INTESTATE ACT SECTION 2 (&) of their duties, the sum of two dollars and fifty cents, and such additional amount as may be allowed by said court. NOTE. This is founded on the Act of April i, 1909, P. L. 87, 5 Purd. 6476, as amended by the Act of July 21, 1913, P. L. 875, 5 Purd. 6478, fur- ther amended so as to provide for the appointment by the orphans' court of two appraisers, for the swearing or affirming of such appraisers,' and for their compensation. The Commissioners have concluded that the appraisement of the prop- erty chosen by the surviving spouse to be awarded under this act should be made by appraisers appointed by the court rather than by the ap- praisers of the "other personal estate," as is now the law. In many cases, where real estate is selected, the regular appraisers are not necessarily qualified to value it, and as the rights of the heirs are involved, it seems best that the appraisers should be formally appointed. In this and other clauses of the act relating to this special allowance, the Commissioners have avoided any reference to the procedure under prior acts of assembly relating to the widow's exemption, which introduced a needless complication in the Act of April I, 1909. See Desmond's Est., 28 Dist. 231, 36 Lane. 217, 8 Leh. 255. The orphans' court possesses no jurisdictional authority to appoint ap- praisers to appraise and set aside estate property claimed as and for a $5,- ooo allotment for the surviving spouse of an intestate dying before Decem- ber 31, 1917; the power of the said court being limited and confined to appointing substitute appraisers to take the place of estate appraisers ap- pointed by the personal representatives of the estate but who are unable to act. Hilton's Est., i Wash. 125. Under subdivision (a) as amended June n, 1917, P. L. 755, and sub- divisions (b) and (d) of Section 2 of the Intestate Act of June 7, 1917, P. L. 429, the collateral heirs cannot control in their own interest the elec- tion of a spouse to take certain property for his or her special allowance of $5,000. No appeal is given from the report of the appraisers fixing the value of the property from which a spouse elects to take his or her special al- lowance, and in the absence of fraud or collusion or such clear under- valuation of the property as may suggest fraud or collusion, the valuation fixed by the appraisers will not be interfered with. The mere fact that one of two appraisers was a second cousin of the widow is not ground for setting the appraisement aside. "No appeal is given from the report of the appraisers. They are the tribunal created by the act for the purpose of appraising the property the spouse elects to take under this section, and in the absence of fraud or collusion, or of such clear undervaluation of the property as may suggest fraud or collusion, their valuation should not be interfered with." * * * "The fifth exception is likewise without merit. One of the two apprais- ers was a second cousin of the widow. But in Vandevort's Appeal, 43 Pa. 462, two of the three appraisers were brothers-in-law of the widow, INTESTATE ACT SECTION 2 (&), (c), (d) 215 and it was held by the Supreme Court that 'the mere fact of the relation- ship of two of three appraisers to the decedent or the widow is not enough to avoid their proceedings." Barnett, P. J., in Troutman's Est., 30 Dist. 708. 298. CONFIRMATION OF APPRAISEMENT. (c) Upon due proof of compliance with such requirements as to notice, by advertisement or otherwise, as may be prescribed by the orphans' court by general rule or otherwise, such court may confirm such appraisement and set apart such personal or real es- tate, or both, to the surviving spouse, subject to claims of creditors of the decedent and to the lien of debts of the decedent. NOTE. This is a new clause, introduced in order to give the orphans' court express power to set apart property claimed by the surviving spouse, in advance of the distribution of the estate. 299. ALLOWANCE OUT OF REAL ESTATE VALUED AT MORE THAN $5,000. (d) Whenever the surviving spouse of any intestate shall claim the said five thousand dollars in value, or any part thereof, under the provisions of this act, out of real estate left by said intestate, and the real estate appraised cannot be divided so as to set apart the amount so claimed in value without prejudice to or spoiling the whole or any parcel of said real estate, and the appraisers shall appraise and value the same at any sum exceeding the amount so claimed, it shall be lawful for the orphans' court, to which such application shall be made, to confirm such appraisement, and to set apart for the use of the surviving spouse such real estate, condi- tioned, however, that the said surviving spouse shall pay the amount of the valuation or appraisement in excess of the amount so claimed within one year from the date of confirmation of such valuation. If the said surviving spouse shall refuse to take the real estate at such appraisement, or shall fail to make payment as above provided, the court, on application of any person interested, shall direct the executor or administrator to sell the same, and the procedure in such case shall be the same as is provided by law in cases of sales of real estate for the payment of debts of a decedent. NOTE. This is Section i of the Act of July 21, 1913, P. L. 872, 5 Purd. 6478, altered in the following particulars: The language is changed so as to apply to cases where the real estate in question consists of more than one parcel and no single parcel is worth five thousand dollars, but all of them are worth more than that amount. 216 INTESTATE ACT SECTION 2 (rf), (), (/) The language is also changed so as to cover cases where part of the five thousand dollars is taken in personal property and the amount claimed out of real estate is therefore less than five thousand dollars. The same change is made in subsequent clauses. The words, "or fails to make payment as above provided," are inserted in the last sentence, also changed so as to provide that the sale shall be made by the executor or administrator, and so as to prescribe the pro- cedure. Under subdivision (a) as amended June n, 1917, P. L. 755, and sub- divisions (ft) and (rf) of Section 2 of the Intestate Act of June 7, 1917, P. L. 429, the collateral heirs cannot control in their own interest the election of a spouse to take certain property for his or her special allow- ance of $5,000. "No appeal is given from the report of the appraisers. They are the tribunal created by the act for the purpose of appraising the property the spouse elects to take under this section, and in the absence of fraud or collusion, or of such clear undervaluation of the property as may sug- gest fraud or collusion, their valuation should not be interfered with." ******** "The fifth exception is likewise without merit. One of the two ap- praisers was a second cousin of the widow. But in Vandevort's Appeal, 43 Pa. 462, two of the three appraisers were brothers-in-law of the widow, and it was held by the Supreme Court that 'the mere fact of the relation- ship of two out of three appraisers to the decedent or the widow is not enough to avoid their proceedings." Barnett, P. J., in Troutman's Est, 30 Dist. 708. 300. TITLE TO SUCH REAL ESTATE. (?) The real estate, if taken by the surviving spouse as afore- said, shall vest in him or her and his or her heirs or assigns upon his or her paying the surplus over and above the sum of five thou- sand dollars or such part thereof as may be claimed out of the real estate to the parties entitled thereto. Where the real estate is sold as provided in clause (d) of this section, the sum of five thousand dollars or such part thereof as may be claimed out of the real estate shall be paid out of the purchase money to the surviving spouse, and the balance, after payment of costs and expenses, shall be distributed to the heirs, or other persons legally entitled thereto. NOTE. This is Section 2 of the Act of July 21, 1913, P. L. 872, 5 Purd. 6478, omitting the words, "if the real estate should not be so taken at the appraisement," and substituting a reference to the preceding clause. 301. RENTS, INCOME, INTEREST AND DIVIDENDS OF PROPERTY SET APART. (/) In all cases where the appraisement of property, real or per- sonal or both, is confirmed and the property set apart to the sur- INTESTATE ACT SECTION 2 (/), (), (i), (/) the payment of debts and claims owing by the decedent, for which there may not be other assets in hand * * * Provided, That if, before any such payment be made, the distributees of the proceeds of such real estate, their guardians or agents, shall * * * give written notice to such administrators, objecting to such payment, then and in such case, this section shall not justify the same, unless such real estate were or may be otherwise legally liable to such payment." The omitted portions of the section related to past cases. See 2 P. & L. Dig. of Laws, col. 2697, for the full text. The meaning and purpose of the section are not clear, nor do the de- cisions make them so. It is recommended that the section be repealed. 426. EXECUTIONS ON JUDGMENTS OBTAINED IN DECEDENT'S LIFETIME. (*) No execution for the levy or sale of any real or personal estate of any decedent shall be issued upon any judgment obtained against him in his lifetime, unless his personal representatives have been first warned by a writ of scire facias to show cause against the issuing thereof, notwithstanding the teste of such execution may bear date antecedently to his death. NOTE. This is a part of Section 33 of the Act of 1834, I Purd. 1113, which corresponded, as to the first sentence, to Section 34 of the Commis- sioner's Draft, and was new in the Act of 1834. 427. DISTRIBUTION OF PROCEEDS OF SHERIFF'S SALE. (;) In all cases where property, real or personal, of a decedent is sold upon an execution, and more money raised than is suffi- cient to pay off liens of record, the balance shall be paid over to the executor or administrator for distribution; but before any such payment shall be made, such executor or administrator shall give bond, to the satisfaction of the court, conditioned for the legal distribution of such money: Provided always, That such money shall be distributed as the real estate of which it is the proceeds would have been. NOTE. This is the remainder of Section 33 of the Act of 1834. See Fidelity Insurance Trust & S. D. Co. v. Sampson, 209 Pa. 214, Under this section of the Fiduciaries Act, P. L. 447, where there is a balance left in the sheriff's hands for distribution after the sale of real estate payable to a fiduciary, the bond of the fiduciary must be entered in the court of common pleas in which the fund has been raised; hence, the orphans' court is without jurisdiction to fix the amount of the security. This section of the Fiduciaries Act is a re-enactment of Section 33 of the Act of February 24, 1834, P. L. 70, and the practice established under the earlier act should be followed under the later. FIDUCIARIES ACT SECTIONS 15 (/), (*), (/)-i6 (o) 331 Where the practice has been long settled under a statute prescribing the mode of doing a certain act, a re-enactment of the statute in the same words should be construed as approving and confirming the practice, un- less it is entirely clear that such practice is defective in the very substance of the requirements of the law. Catafesta's Est., 28 Dist. 304. 428. STAY OF EXECUTION UNTIL APPLICATION TO ORPHANS' COURT FOR SALE OF REAL ESTATE. (&) In every case of an execution against the executors or ad- ministrators of a decedent, whether founded upon a judgment obtained against such decedent in his lifetime, or upon a judgment obtained against them in their representative character, if it shall be made to appear, to the satisfaction of the court issuing such ex- ecution, that there is reason to believe that the personal assets and the rents of real estate are insufficient to pay all just demands upon the estate, such court shall thereupon stay all proceedings upon such execution, until the executors or administrators shall have made application to the proper orphans' court for the sale of the real estate of the decedent, or for the apportionment of the assets, or both, as the case may require. NOTE. This is Section 35 of the Act of 1834, I Purd. 1114, with the ad- dition of the words "and the rents of real estate," to conform to Section 14 of this draft. (See 417 supra.) This and the next section were new in the Act of 1834. 429. ORDER ON EXECUTORS OR ADMINISTRA- TORS TO APPLY TO ORPHANS' COURT. (/) It shall be competent for the court, in the cases aforesaid, on application of the plaintiff in such judgment, or of any other person interested as heir, devisee or otherwise, to order the execu- tors or administrators to make application to the orphans' court for the purpose as is hereinbefore mentioned, and to enforce such order by attachment. NOTE. This is Section 36 of the Act of 1834, I Purd. 1114. 430. SALES AND MORTGAGES OF REAL ESTATE FOR PAYMENT OF DEBTS OF DECEDENTS, DUTY OF EXECUTOR OR ADMINISTRA- TOR TO SELL REAL ESTATE WHERE PER- SONAL ESTATE AND RENTS ARE INSUF- FICIENT TO PAY DEBTS. SECTION 1 6. (a) Whenever it shall satisfactorily appear to the executor or administrator that the personal estate of the decedent, 332 FIDUCIARIES ACT SECTION 16 (a), (6) i together with the rents of real estate, is insufficient to pay all just debts and the expenses of the administration, he shall proceed, without delay, in the manner hereinafter provided, to sell or mortgage, under the direction of the orphans' court having juris- diction of his accounts, so much of the real estate as shall be nec- essary to supply the deficiency. NOTE. This is Section 20 of the act of February 24, 1834, I Purd. 1116. The first part requires executors and administrators to proceed to sell real estate for payment of debts. The last clause was copied from Section 21 of the Act of April 19, 1794, 3 Sm. i,. 143. The provision as to rents is new, and is inserted because of the pro- vision of Section 14 (see 417 supra) of the present draft, making rents assets for the payment of debts. "In the manner hereinafter provided" is substituted for "In the manner provided by law." "Or mortgage" is in- serted after "to sell." At the end, the following words are omitted: "and such real estate so sold shall not be liable in the hands of the purchaser for the debts of the decedent" This is covered by clause (o) of the present section of the draft. (See 454 infra.) Where executors are proceeding without delay under Section 16 of the Fiduciaries Act to sell real estate for the payment of debts, it appearing satisfactorily to them that the personal estate is insufficient to pay the debts, the petition for such sale will have priority over a petition for partition filed by the husband and heir. Young's Est (No. i), 28 Dist 814, 67 P. L. J. 315. 431. POWER OF ORPHANS' COURT TO AUTHORIZE SALE OR MORTGAGE OF REAL ESTATE. (fc) The orphans' court which possesses jurisdiction of the accounts of an executor or administrator shall have power to authorize a sale or mortgage of real estate by such executor or administrator in the following cases, viz. : 432. ON APPLICATION OF EXECUTOR OR ADMIN- ISTRATOR. i. On the application of the executor or administrator, setting forth that the personal estate and the rents of real estate of the decedent are insufficient for the payment of debts. NOTE. This is the introductory part, with clause I, of Section 31 of the Act of March 29, 1832, i Purd. 1116. The words "or guardian" have been omitted after "administrator" in the second line. The provision as to rents has been inserted for the reason stated in the last preceding note. At the end, the following words have been omitted: "and maintenance and education of his minor children, or for the purpose of paying the debts FIDUCIARIES ACT SECTION 16 (&) i, 2, (e) 333 alone." The subject of maintenance and education of children is covered by the revised Price Act. For the same reason, clause III of Section 31 of the Act of 1832 is now omitted. That clause reads : "On the application of a guardian, setting forth that the personal estate of the minor is insufficient for his mainte- nance and education, or for the improvement and repair of other parts of his real estate, or that the estate of said minor is in such a state of dilap- idation and decay, or so unproductive and expensive, that it would be to the interest and benefit of said minor, in the judgment of said court, that the said estate should be sold ; and the orphans' court of the county where- in any such real estate may be situate, shall have the same authority to direct a sale in this latter case as in the cases particularly mentioned in Section 32 of this act." The Commissioners of 1830 reported that, in Section 31 (Section 32 of their draft), they had collected all existing provisions giving jurisdiction to authorize a sale of real estate by an executor, administrator or guardian. Clause I was derived from Section 19 of the Act of April 19, 1794, 3 Sm. L. 143, amended by the Act of April 8, 1826, P. L. 255. Clause II was founded on Section 2 of the Act of April i, 1811, P. L,. 198. Clause III was derived from Section 10 of the Act of April 7, 1807, P. L. 155. 433. ON APPLICATION OF EXECUTOR OR ADMIN- ISTRATOR OR CREDITOR. 2. On the application of such executor or administrator, or of any creditor of the decedent, setting forth that on the final settle- ment of the administration account, it appears that the personal assets together with the rents of real estate of the decedent are insufficient to pay the balance appearing to be due from the estate of such decedent, either to the accountant or creditors. NOTE. This is clause II of Section 31 of the Act of March 29, 1832, i Purd. 1118, with the substitution of "creditor of the decedent" for "person interested" in the second line, and the addition of the provision as to rents of real estate. 434. INVENTORY, STATEMENT OF REAL ESTATE AND ACCOUNT OF DEBTS TO BE FILED. (c) No authority for the sale or mortgage of real estate, for the payment of debts of a decedent, shall be granted until the executor or administrator shall have exhibited to the court having jurisdiction of his accounts a true and perfect inventory and con- scionable appraisement of all the personal estate whatsoever of the decedent, together with a full and correct statement of all the real estate of such decedent, wherever situated, which has come to his knowledge, and of the rental value of such real estate ; and also 334 FIDUCIARIES ACT SECTION 16 (c), (d) . a just and true account, upon oath or affirmation, of all the debts of the decedent which have come to his knowledge. NOTE. This is Section 33 of the Act of March 29, 1832, i Purd. 1118, which, except for the provision as to a statement of the real estate, made no change in the law, and was largely founded upon Section 20 of the Act of April 19, 1794, 3 Sm. L. 143- It is now changed by omitting the references to guardians and minors, by omitting the provision as to bonds, in view of the general section on that subject in this draft, and by omitting, as unnecessary or obsolete, the proviso, which reads as follows : "Provided, That no real estate contained in any marriage settlement shall, by virtue of this act, be sold or disposed of, contrary to the form and effect of such settlement; and that the man- sion house, or most profitable part of the estate, shall be reserved to the last" The provision as to rental value is new. An enumeration of a debt in a petition for leave to sell real estate to pay debts shows sufficient knowledge thereof to warrant judgment against the administrator in an action of assumpsit In so holding the court said : "The defendant sets up as a defense that she was unable to get suffi- cient ^information to make a defense. This is undoubtedly a good defense in some cases, but in the present case there is no merit in it. The defend- ant had knowledge of the claim, and this is shown by the fact set forth in the petition of plaintiffs for the rule, and not denied by defendant, that the defendant had previously filed a petition in the Orphans' Court of Philadelphia County for leave to sell real estate of the decedent for the payment of debts, and among the debts enumerated therein was "claim of Carmine Spinelli, No. 521 Carpenter street, $2,126.76" being the present claim. This was done in accordance with the requirements of the Fiduci- ary Act of June 7, 1917, par. (c ) P. L. 480, that the defendant set forth "a just and true account, upon oath or affirmation, of all of the debts of the decedent which have come to his knowledge," and the orphans' court, upon this information, granted the order of sale. In addition to this, defendant herself, since the death of her husband, has paid the interest on the mortgages of which the decedent received the principal, which he appropriated to his own use. Under these circumstances, it does not now lie in the mouth of the defendant to say she has no knowledge of plain- tiffs claim." Spinelli v. Costello, 30 Dist. 411. 435. REFUNDING MORTGAGES. (d) When a mortgage authorized under the provisions of this section shall fall due or shall be about to fall due, the orphans' court which authorized such mortgage may, on the application of the executor or administrator or of any party in interest, and al- though the period of the lien of the decedent's debts may have expired at the time of such application, authorize the refunding FIDUCIARIES ACT SECTION 16 (rf), (), (/)-28 (a) 375 in its discretion, appoint an auditor for the purpose of making such distribution. NOTE. This is a combination of Section 2 of the Act of May i, 1861, P. L. 420, I Purd. 1136, and Section 2 of the Act of July 14, 1897, P. L. 269, 3 Purd. 3389. The provision for appointment of an auditor is derived from Section 2 of the Act of May 17, 1866, P. L. 1096, 3 Purd. 3388, but the appointment is made discretionary. The Act of 1861 provides that distribution shall be made "in the man- ner provided for the distribution of the proceeds of sheriff's sales, when paid into court and directed to be paid out." See Poe's Est, 47 Pa. C. C. 590, 29 Dist. 857, 68 P. L. J. 635, 15 Del. 381. 489. PAYMENT OF COSTS. (e) All costs of proceedings under the provisions of any of the clauses of this section shall be paid as may be directed by the court. NOTE. This is substituted for Section 3 of the Act of 1895, 4 Purd. 4048, which provides that the costs of proceedings on petitions presented under the act shall be paid by the petitioners, but that the costs of proceed- ings instituted in response to orders under the provisions of the act shall abide the decision of such proceedings. Section 4 of the Act of 1895 is a general repealing clause, with a proviso that the act "shall not apply to any proceedings now pending, but the same may be proceeded with under existing laws to final decree." 490. APPEALS. (/) Any party aggrieved by any definitive order or decree en- tered by the court under any of the provisions of this section may appeal from such order or decree to the proper appellate court as in other cases. NOTE. This is a new clause, introduced in order to remove any pos- sible doubt as to the right of appeal. Some of the existing acts, such as Section i of the Act of May 8, 1895, 4 Purd. 4048, contain provisions that the decree "shall forever thereafter operate as a release and discharge of the land from the incumbrance of the charge and shall bar all actions brought thereon," without making any provision for an appeal. 491. POWERS OF EXECUTORS AS TO REAL ES- TATE, MERE AUTHORITY TO SELL THE SAME AS A DEVISE TO SELL. SECTION 28. (o) The executors of the last will of any decedent, to whom is given thereby a naked authority only to sell any real estate, shall take and hold the same interests therein, and have the 376 FIDUCIARIES ACT SECTION a8 (o) same power and authorities over such estate for all purposes of sale and conveyance, and also of remedy by entry, by action or otherwise, as if the same had been thereby devised to them to be sold, saving always, to every testator, the right to direct otherwise. NOTE. This is Section 13 of the Act of 1834, I Purd. 1099, which corre- sponded to Section 14 of the Commissioners' Draft. It was derived sub- stantially from Section 4 of the Act of March 31, 1792, 3 Sm. L. 66. "The auditing judge is of the opinion that the power to carry out the charitable purpose is not confined alone to the first named executor. It is true that in conferring this power the testator speaks of 'my executor,' using the singular number, but this the testator does because he appoints one person sole executor, and when he later appoints succeeding executors in the event of the original executor's death, etc., his apparent purpose is that, in any event, there shall be some one in the office of executor who, by virtue of their office, shall have the duty of carrying out this provision of the will as well as the duty of performing the other services required of executors. See, generally, Kershaw's Estate, 27 Dist R. 659; Mur- phy's Estate, 184 Pa. 310; Sheet's Estate, 215 Pa. 164; Fiduciaries Act of June 7, 1917, Sees. 28 and 56, P. L. 447." THOMPSON, J. (Adjudication), Barnwell's Est, 49 Pa. C. C. 188, 29 Dist. 317, affd. in 269 Pa. 443. A died leaving a will wherein the executor was directed to pay the debts and funeral expenses, and a devise was made of $50 to a cemetery com- pany. The rest and residue of his property, real, personal and mixed, was given to his wife and to her heirs. The last clause of the will gave the executor full power and authority to dispose of the real estate "as may be for the best interest of my estate." It was agreed that the per- sonal estate was sufficient to pay the debts, funeral expenses, the dense to the cemetery company, costs of administration and taxes. The executor sold the real estate at a public sale, and defendant paid some down money, and subsequently defendant refused to pay the balance or to take title on the ground that the executor could not convey a marketable title. Held, as the personal estate was sufficient to pay the items mentioned, there was no occassion for a sale of the real estate ; that the power to sell did not operate as a conversion, and there was nothing in the will to show that the testator intended that there should be a sale for the pur- pose of distribution, and that, therefore, judgment should be entered for the defendant "It will be observed that there is no direction to the executor to sell. His power of sale is 'as may be for the best interest of my estate.' Such power does not operate as a conversion. In Chew v. Nicklin, 45 Pa. 84, the syllabus is : 'Conversion is a question of intention ; and to effect it by will, the direction to convert therein must be positive and explicit A bare power to sell, given to executors by will, does not operate as a conversion. The Act of Feb. 24, 1834, P. L. 70, was not intended to break descents or work a conversion of real estate over which a naked power of sale had been given to executors, but only to enable them to preserve and dispose of the estate as though an interest had been devised to them instead, leav- FIDUCIARIES ACT SECTION 28 (a) 377 ing the question of intention to convert to depend upon the will of the testator.' Testator died after the passage of the Fiduciaries Act of June 7, 1917, P. L. 447, but the 28th section of that act is an exact copy of the Act of 1834, referred to above. The above case was followed in Hunt's and Lehman's Appeals, 105 Pa. 128." STEWART, P. J., in Kolb v. O'Hay, 28 Dist. 194, 16 North. 289. Testatrix after disposing of her household personal property devised all the rest, residue and remainder of her estate, real, personal and mixed, "to all my children, share and share alike, and to their heirs and assigns forever," and in the next clause appointed a son and daughter as ex- ecutors giving them authority "to execute deed for my property." Held, (i) the gift in the residuary clause was an absolute gift to the testatrix's children not cut down or abrogated by the "authority to execute deed" subsequently granted to her executors, and (2) the executors cannot alone convey a good marketable title in fee simple to testatrix's real estate. ENDUCH, P. J., held : "The question involved in this case stated arises upon the will of Elizabeth Eisenbise, who was the owner of the house and lot No. 311 North Front Street, in the city of Reading, and who died August 31, 1920, leaving a will. In it, after bequeathing to her daughter, Annie Eisenbise, all her 'household furniture and personal property' (i. e., all her household personal property), the testatrix proceeds as follows : " 'As to all the rest, residue and remainder of my estate, real, personal and mixed, I give, devise and bequeath to all my children share and share alike, and to their heirs and assigns forever. " 'I hereby appoint my son, Peter W. Eisenbise, and my daughter, Annie, to be the executors of this, my last will and testament, and give them authority to execute deed for my property.' "The first of these clauses clearly imports an absolute gift to the testa- trix's children. Such a gift, it is settled by many decisions, is not to be treated as cut down or abrogated by a subsequent provision not equally clearly and necessarily manifesting a purpose so to do: Hiestand v. Meyer, 150 Pa. 501, 505; Yost v. Ins. Co., 179 id. 381; Ault v. Karch, 220 Id. 366; Moyer v. Rentschler, 231 Id., 620, 622; Pattin v. Scott, 270 Id. 49, 51. Here the absolute gift to the children is followed by an 'authority to execute deed' for the testatrix's property. Such a pro- vision may vest in the executors the estate in the land as fully as if it were devised to them to be sold : Shippen's Adm'r. v. Clapp, 36 Pa. 89. The Fiduciaries Act 7 June, 1917, Section 28 (a), P. L. 497 provides that: " 'The executors of the last will of any decedent, to whom is given thereby a naked authority only to sell any real estate, shall take and hold the same interests therein, and have the same power and authorities over, such estate for all purposes of sale and conveyance and also of remedy by entry, by action, or otherwise, as if the same had been thereby devised to them to be sold, saving always to every testator the right to direct otherwise.' "The power thus created, however, is one which, in the absence of ex- press direction to sell, arises by implication from a confusion of realty and personalty, in the testator's direction to his executors to convert and 378 FIDUCIARIES ACT SECTION 28 (a), (&), (c) distribute: see Myers' App. 62 Pa. 104, 107; Gray v. Henderson, 71 Id. 368, and therefore can hardly be regarded as standing upon the same plane with the preceding gift to the children in point of clearness, necessity and absoluteness. Manifestly, where a testator makes a pro- vision contrary to the effect of the statute and fails to supersede it by another capable of overcoming it, he must be deemed to 'direct otherwise' within the meaning of the enactment above quoted. "Our conclusion is that the later direction does not abrogate the pre- ceding one; that under the will of Elizabeth Eisenbise, the plaintiffs, executors, could not alone convey a good marketable title in fee simple to said premises to the defendants; and that therefore "Under the case stated, judgment is to be entered for the defendants and against the plaintiffs for the sum of $400, with interest from October 21, 1920, and costs of suit." Eisenbise's Executors v. Lebo, 13 Berks 308. 492. PRIVATE SALES, CONVEYANCES OR LEASES AUTHORIZED. (&) All powers to sell or let real estate on ground rent, con- tained in any will, shall be deemed and taken to authorize sales, conveyances or leases, either public or private, unless expressly restricted by the said instrument to one or the other mode. NOTE. This is a part of Section i of the Act of March 14, 1849, P. L. 164, 4 Purd. 4924. After "any will," the words "hereafter executed" are omitted. The remainder of the section relates to powers contained in deeds or other instruments and to private sales or leases made before the passage of the act. Section 2 of the Act of March 14, 1850, P. L. 195, i Purd. 376, also validated private sales and leases theretofore made. 493. POWERS NOT GIVEN TO ANY PERSON BY NAME OR DESCRIPTION DEEMED TO BE GIVEN TO EXECUTORS, BUT TO BE EXER- CISED UNDER CONTROL OF THE ORPHANS' COURT. (c) All powers, authorities and directions, relating to real es- tate, contained in any last will, and not given to any person by name or by description, shall be deemed to have been given to the executors thereof ; but no such power, authority or direction shall be exercised or carried into effect by them, except under the con- trol and direction of the orphans' court having jurisdiction of their accounts, and after the entry of security if the court shall so direct. NOTE. This is Section 12 of the Act of February 24, 1834, P. L. 73, i Purd. 1098, which corresponded to Section 13 of the Commissioners' Draft. This, and the two following sections of that draft, were digested from the Acts of March 31, 1792, Section 4, 3 Sm. L. 66, and March 12, 1800, 3 Sm. L. 433- FIDUCIARIES ACT SECTION 28 ( (9} an d (/O of this section. FIDUCIARIES ACT SECTION 35 (), (/) 397 NOTE. This is derived from Section 32 of the Act of 1834, I Purd. 1113 (Section 33 of the Commissioners' Draft), which was founded on Section 7 of the Act of March 24, 1818 (7 Sm. L. 132), P. L. 285, 4 Purd. 4929. The latter section includes "executors or administrators, trustees or as- signees," and is not to be repealed so far as it relates to trustees not within the jurisdiction of the orphans' court, and to assignees. The Act of 1818 related only to cases in which suit was brought by fiduciaries. The Act of 1834 extended this to suits against executors or administrators. Section 13 of the Act of April 9, 1849, P- k. S 2 ^, I Purd. 1115, includes cases in which executors or testamentary trustees are plaintiffs. Section 32 of the Act of 1834 is altered, in the present draft, by substi- tuting "fiduciaries" for "executors or administrators," by extending it to cases where fiduciaries are parties although the action was not brought by or against them, by adding "removal" in the fourth line, by adding the words "or trust" in the tenth and fourteenth lines, and by substituting a reference to other clauses of the new act for the reference to Sections 26 and 27 of the Act of 1834. The words "or equitable" have been inserted in the first line. It seems that Section 13 of the Act of 1849, above referred to, may be repealed, as well as Section 7 of the Act of 1818, so far as it relates to fiduciaries within the scope of the present act. 521. FAILURE TO PLEAD ANY MATTER RELATIVE TO ASSETS, OR TO REPLY THERETO, NOT TO BE DEEMED AN ADMISSION. (/) The omission of an executor or administrator to plead to any action brought against him in his representative character, that he has fully administered the estate of the decedent, or any other matter relative to the assets, shall not be deemed an admission of assets to satisfy the demand made in such action ; also the omission of the plaintiff to reply to any such matter when pleaded, shall not be deemed an admission of the want of assets as aforesaid, nor shall such omission otherwise prejudice either party; and no mis- pleading, or lack of pleading, by executors or administrators, shall make them liable to pay any debt or damages recovered against them in their representative character, beyond the amount of the assets, which in fact, have come or may come or should have come into their hands. NOTE. This is Section 37 of the Act of 1 1834, i Purd. 1114 (Section 38 of the Commissioners' Draft), which was new in the Act of 1834. In the last line the words "or should have come" have been added. It might be considered that this section has been rendered obsolete by the statutory changes in the system of pleading. But the Commissioners have concluded to recommend its retention lest its omission might give rise to some er- roneous inference. 398 FIDUCIARIES ACT SECTIONS 35 (*) -36-37 522. ABATEMENT OF FAILURE TO TAKE OUT LET- TERS IN DECEASED PLAINTIFF'S ESTATE. (k) In any suit now pending or hereafter to be brought in any court of this state, if the plaintiff be dead or shall die during the pendency thereof, and no letters testamentary or of administFation have been or shall be taken out in this state within one year after the suggestion of the death of such plaintiff upon the record, it shall not be the duty of the defendant to raise an administrator for the purpose of prosecuting the same, but the court in which such suit is or shall be pending may, after due sen-ice upon the executors named in the will of such plaintiff, if known to defend- ant, or upon the next of kin of the decedent entitled to administra- tion, of a rule to show cause, enter an order that said suit shall abate, unless, before the return day of such rule, letters testa- mentary or of administration shall be duly issued. NOTE. This is Section i of the Act of May 5, 1854, P. L. 570, i Purd. 228, 2 P. & L. 2665, changed so as to provide for a rule to show cause. The section now provides that at the end of the year the suit shall abate and the prothonotary shall make an entry accordingly, provided that the court shall direct a notice to be served one month before such entry shall be made. 523. STATUTE OF LIMITATIONS TO RUN AGAINST DEBT FALLING DUE TO ESTATE OF DECE- DENT AFTER HIS DEATH ALTHOUGH LET- TERS HAVE NOT BEEN GRANTED. SECTION 36. The statute of limitations shall begin to run against a debt or demand arising or falling due to the estate of a decedent, after his or her death, from the time such debt or demand shall arise or fall due, as aforesaid, notwithstanding that letters testa- mentary or letters of administration have not been granted on such estate. NOTE. This is Section i of the Act of April 6, 1905, P. L. 114, 6 Purd. 6527. Section 2 is a general repealer. In the next to the last line, "granted" has been substituted for "taken out" 524. SUITS AGAINST FIDUCIARIES WHO DO NOT RESIDE IN COUNTY THE COURT OF WHICH HAS JURISDICTION OF THEIR ACCOUNT. SECTION 37. In all cases where executors, administrators, guardians or trustees shall not reside within the county the FIDUCIARIES ACT SECTION 37 399 orphans' court of which has jurisdiction of their accounts, pro- ceedings may be had and suits may be brought against them by creditors and others interested in the estates, in the counties where such accounts are to be settled, and process may be served on said fiduciaries, in any other county by the sheriff of such other county, who shall be deputized for that purpose by the sheriff of the county in which the process issues, or process may be served upon any surety on the official bonds of such fiduciaries. NOTE. This is Section i of the Act of March 27, 1854, P. L. 214, 4 Purd. 4929, with the insertion of the words "guardians or" instead of "assignees or other," thus limiting the section to fiduciaries within the scope of the present act. The Act of 1854 is not recommended for repeal so far as it relates to other fiduciaries. The words "the county the orphans' court of which has jurisdiction" have been substituted for "the jurisdiction of the court having control." The provision as to deputizing the sheriff of another county has been sub- stituted for the following: "and process may be served by proper officers of said counties, or their deputies, on said executors, administrators, as- signees or other trustees beyond the bounds of said counties, as if they resided therein, or upon any surety on their official bonds, with like effect as if they had resided within the jurisdiction of the courts having control of their accounts." A writ of summons can be served by the sheriff upon an executor tem- porarily within his jurisdiction whose residence is in another county where the letters were granted. The purpose of the Acts of March 27, 1854, P. L. 214, and of June 7, 1917, P. L. 447, Sec. 37, was to assist creditors and others and not to pro- tect! the fiduciary nor to limit the suit to a particular jurisdiction. Cohn died in Philadelphia on June 24, 1917, having made his last will and testament, duly admitted to probate before the Register of Wills of Philadelphia County, and letters testamentary were granted to the de- fendant. On August 15, 1918, the plaintiff brought an action in assumpsit in the Court of Common Pleas of Lancaster County against the defendant as executor of the decedent, and while the defendant was visiting there, the Sheriff of Lancaster County served the writ of summons upon him. The sole question raised in the proceeding was whether a writ of summons can thus be served by the Sheriff upon an executor whose residence is in another county while the defendant is in his jurisdiction. In discharging a rule to set aside the summons the court, per LANDIS, J., said : "By the Act of June 7, 1917, P. L. 447, called 'The Fiduciaries Act,' the Act of 1854 is expressly repealed, 'so far as it related to fiduciaries subject to the jurisdiction of the orphans' court' (see page 543), and in lieu thereof, the 37th section was inserted, as follows: (quoting it). This, too, is a statute made for the benefit of creditors and others, but not to protect the fiducianr nor to limit the suit to a particular juris- 400 FIDUCIARIES ACT SECTIONS 37-38-39 diction. Particularly is this so, if personal service can be had, for under such circumstances, what good reason would there be for going to an- other county to accomplish a purpose which could as well be reached at home?" Harris v. Blatt, 28 Dist. n, 35 Lane. 361, 8 Leh. 80, 66 P. L. J. 648, 32 York 101. 525. SUITS BY FIDUCIARIES AGAINST COFIDU- CIARY. SECTION 38. Where one of two or more fiduciaries shall be personally or individually indebted, obligated or liable to the estate which he represents, it shall be lawful for the other fiduciaries, or either of them, to institute an action at law, bill in equity, or other appropriate legal or equitable proceeding, on behalf of the said estate, against such fiduciary, individually, to recover or enforce the said indebtedness, obligation or liability, in the same manner as though such fiduciary were not connected with the said estate : Provided, That this shall not in anywise affect the duty or liability of such fiduciary to account therefor in the office of the register of wills or in the orphans' court in the manner now provided by law, the remedy herein provided being in addition to other remedies, legal or equitable, already existing. NOTE. This covers Sections i and 2 of the Act of May n, 1901, P. L. 174, i Purd. 1115, substituting "fiduciaries" for "executors, administrators, guardians, assignees, or trustees," inserting "or liable," and "or lia- bility," substituting "other" for "remaining" in line 4, and inserting in the proviso the words from "office" to "in the," Since the Act of 1901 includes assignees and trustees other than those over whom the orphans' court has jurisdiction, it should not be repealed generally. "If Edwin A. Yarnall, the executor not indebted, had, under Section 38 of the Fiduciaries Act of June 7, 1917, P. L- 447, proceeded against his co-executor for the amount of the note, it would have been a good defence for Albert T. Yarnall to have averred that his distributive share would be sufficient to pay said indebtedness. Mutual demands extinguish each other, and the indebtedness to the estate by a legatee has always been considered a payment on account of the legacy : Palmer's Estate, 2 Del. 180, and cases there cited." THOMPSON, J., in Young's Est., 30 Dist. 182. 526. REVIVAL OF JUDGMENT AGAINST EXECUTOR OR ADMINISTRATOR OF JUDGMENT CRED- ITOR. SECTION 39. In all cases where a creditor has appointed or shall appoint his judgment debtor his executor, or where such FIDUCIARIES ACT SECTIONS 39-40 401 judgment debtor has been or shall be appointed administrator of the creditor, and the said judgment is a lien on the real estate of such executor or administrator, and the same is bequeathed specifically to a legatee, or generally in the residuary clause of such testator's will, or where any testator or intestate, having a judgment situated as aforesaid, shall have creditors interested in preserving the lien of such judgment, such legatee or creditor or the next of kin of an intestate, interested in such judgment, may suggest his or their interest in the same upon the record thereof, and issue al writ of scire facias against the defendant, to revive the same, and continue the lien thereof, at any time when such proceedings shall be necessary under the laws of this com- monwealth; which judgment, so revived, shall remain for the use of all persons interested therein. NOTE. This is Section 2 of the Act of April 3, 1829 (10 Sin. L. 317) P. L. 122, i Purd. 1109, changed so as to cover the case of an adminis- trator as well as an executor. 527. COMPROMISE BY FIDUCIARY OF CLAIMS AGAINST ESTATE, OR QUESTIONS AS TO WILL OR DISTRIBUTION. SECTION 40. Whenever it shall be proposed to compromise or settle any claim, whether in suit or not, by or against a minor or the estate of a decedent, or to compromise or settle any question or dispute concerning the validity or construction of any last will and testament or the distribution of any decedent's estate, the orphans' court having jurisdiction of the accounts of the fiduciary shall be authorized and empowered, on petition by such fiduciary, setting forth all the facts and circumstances of such claim or question and proposed compromise or settlement and duly verified by oath or affirmation, and after due notice to all parties interested, and after due consideration, aided, if necessary, by the report of a master, if satisfied that such compromise or settlement will be for the best interests of such minor or of the estate of such decedent, to enter a decree authorizing the same to be made, which decree shall operate to relieve the fiduciary of responsibility in the premises. NOTE. This is a new section. It would seem that, at present, it is doubtful whether the orphans' court has power to authorize compromises, which must be made by fiduciaries 26 402 FIDUCIARIES ACT SECTIONS 40-41 (a) i on their own responsibility: Lowery's Estate, 9 Pa. C. C. 88; Morton's Estate, 201 Pa. 269. Such jurisdiction however has been frequently exercised to the very great advantage of the parties litigant or concerned in the dispute; and it is proposed in this section to place the jurisdiction of the court beyond question. Otherwise, a fiduciary may feel bound to litigate and thus throw the chances of the litigation on his cestui que trust or ward, or assume the responsibility of the settlement and take the chance of having his conduct questioned in the future. 528. INVESTMENTS BY FIDUCIARIES, LEGAL IN- VESTMENTS, DEBT OF UNITED STATES, ETC. SECTION 41. (a) i. When the fiduciary shall have in his hands any moneys, the principal or capital whereof is to remain for a time in his prossession or under his control, and the interest, profits or income whereof are to be paid away, or to accumu- late, or when the income of real estate shall be more than sufficient for the purpose of the trust, such fiduciary may invest such moneys in the stock or public debt of the United States, or in the public debt of this commonwealth, or in bonds or certifi- cates of debt now created or hereafter to be created and issued according to law by any of the counties, cities, boroughs, town- ships, or school districts of this commonwealth, or in mortgages or ground rents in this commonwealth : Provided, That nothing herein contained shall authorize any fiduciary to make any invest- ment contrary to the directions contained in the will of the de- cedent in regard to the investment of such moneys. NOTE. This and the next two paragraphs are a combination of Section 14 of the Act of March 29, 1832, I Purd. 1109, Section 2 of the Act of April 13, 1854, P. L. 369, i Purd. mo, and Section i of the Act of May 8, 1876, P. L. 133, i Purd. 1 1 10. The Commissioners believe that the powers of investment granted to fiduciaries under the present law are too greatly restricted and that their enlargement would be welcomed throughout the State. At present trustees are limited to loans of the United States, the State of Pennsylvania, municipal corporations of the State, mortgages and ground rents; and according to the literal wording of the statutes the decree of the orphans' court should be first obtained, although in practice the statutes have been considered as authorizing the investments specified, and the necessity of a preliminary application has been disregarded. The Commissioners would be willing to recommend a more extensive act were it not for the Constitution, which in Art. Ill, Section 22, would seem to prohibit the legislature from authorizing an investment in the bonds or stocks of a private corporation. They have, however, drafted FIDUCIARIES ACT SECTION 41 (a) i 403 this section so as to include investments in bonds of municipal corporations in other states, requiring, in such instances, a preliminary application to the court for authority to make such investments. The division into three paragraphs has been made for the purpose of clearness. The investments enumerated in paragraph I are made legal investments without application to the court. The requirement of the existing laws that the approval of the court shall be obtained in every case is disregarded in practice; and it seems better to omit this require- ment except in cases of investments in real estate in Pennsylvania or in bonds of other states or of municipalities outside of the commonwealth, as enumerated in paragraph 2. Section 14 of the Act of 1832 was copied from the Act of February 18, 1824, P. L. 25, except that it authorizes the investment of surplus income of real estate as well as principal and interest of personal estate. The above-mentioned sections of the Acts of 1854 an d : 8?6 apply to all trustees, and should be repealed only so far as they relate to fiduciaries who are within the scope of the present draft. An investment by a trust company under the supervision of the De- partment of Banking in the bonds issued by a private corporation, security for which is a mortgage covering the real estate owned by the private corporation, is not a legal investment under the constitution and laws. Myers, Dep. Atty. Gen., in an opinion to the Banking Commissioner August i6th, 1920, said : "There is nothing contrary to Section 22, Art. Ill of the Constitution in Section 41 (a) of the Act of June 7, 1917, P. L. 447. That act does not authorize fiduciaries to invest in the bonds or stock of any private corpora- tion. "You are therefore advised that the investment by a trust company under the supervision of your department in the bonds issued by a private cor- poration, security for which is a mortgage covering the real estate owned by the private corporation, is not a legal investment under the Constitu- tion and laws of the commonwealth." Hotel Mortgage, 50 Pa. C. C. 82; s. c. sub nom In re Trust Funds, 68, P. L. J. 608. Where an individual owning real estate in the City of Philadelphia made a first mortgage on the same to a trust company as trustee to secure an issue of 450 $1,000 bonds, Hon. Robert S. Gawthrop, First Deputy Attorney General in an opinion on November 4, 1921, to the Commissioner of Banking held that such bonds were not comprehended under the word "mortgages" as used in this section of the Act and could not therefore be considered as legal investments for trust funds. In so holding he said : "Manifestly, the bonds in the present case do not fall within any class of securities described in the above cited section of the act unless it be that they are comprehended within the meaning of the words 'mortgages in Pennsylvania.' If the question were an open one in this State, I should have no hesitation in concluding that the investment in these bonds is not an investment in a mortgage in the Commonwealth. One who buys one of the four hundred and fifty $1,000 bonds, secured 404 FIDUCIARIES ACT SECTION 41 (a) i, 2 , though it be by a first mortgage given by a trustee, in my opinion, does not invest his money in a mortgage. The owner of the bond has no such independent control of the mortgage as he would have if he owned the mortgage. The question is not one of the safety of the investment, but one of the character thereof as required by the statute. It would have been a simple manner for the Legislature when it enacted the Fiduciaries Act to have authorized trustees to invest in bonds secured by mortgages on real estate situate and owned by individuals in the Commonwealth, but it did not do so and thereby continued the policy of requiring the utmost conservatism in providing legal investments for trust funds." Legal Investments, 69 P. L. J. 777, 7 Pa. State Dept. Rep. 2060. (Note: This is contrary to the expressed opinion of many leaders of the bar. Editor.) 529. INVESTMENTS IN OTHER REAL ESTATE WITHIN THE COMMONWEALTH, OR IN DEBTS OF OTHER STATES OR COUNTIES OR CITIES THEREOF. 2. When a fiduciary shall have in his hands any moneys, as aforesaid, he may present a petition to the orphans' court having jurisdiction of his accounts, stating the circumstances of the case and the amount or sum of money which he is desirous of investing; whereupon it shall be lawful for the court, upon due proof, aided, if necessary, by the report of a master, to make an order directing the investment of such moneys in real estate in this commonwealth other than ground-rents, or in the bonds or certificates of debt now created or hereafter to be created and issued according to law by any other state of the United States or by any of the counties or cities of such other state, at such prices, or on such rates of interest and terms of payment respectively, as the court shall think fit: Provided, That no such investment shall be directed unless it shall be the opinion of the court that it will be for the advantage of the estate and no change be made in the course of succession by such investment as regards the heirs or next of kin of the cestui que trust : And provided further, That nothing herein contained shall authorize the court to make an order contrary to the directions contained in any will in regard to the investment of such moneys. See Legal Investments, 69 P. L. J. 777, 7 Pa. State Dep. Rep. 2060. FIDUCIARIES ACT SECTIONS 41 (a) 3, (&)-42 (a) 405 530. FIDUCIARY NOT LIABLE FOR LOSS ON SUCH INVESTMENTS. 3. In case the said moneys shall be invested as set forth in paragraph i of this clause, or conformably to the directions of the court under paragraph 2 of this clause, the said fiduciary shall be exempted from all liability for loss on the same, in like manner as if such investments had been made in pursuance of directions in the will creating the trust, it being hereby declared that the in- vestments mentioned in this section are legal investments of moneys by fiduciaries. 531. EXPENSE OF PROCURING GUARANTY OF IN- VESTMENTS. (&) Any fiduciary required by law, by the order of any orphans' court, or by the provisions of any last will and testament, under or by authority of which such fiduciary is acting, to invest funds within his control in mortgages or other securities, may include, as a part of the lawful expense of executing his trust, a reasonable sum paid to a; company, authorized under the laws of this state so to do, for guaranteeing the payment of the principal and interest of such mortgage or other securities, not exceeding one-half of one per centum per annum 1 upon the principal of such mortgage or other securities. NOTE. This is Section i of the Act of May 28, 1907, P. L. 271, 5 Purd. 5893, changed by substituting the word "fiduciary" for "receiver, assignee, guardian, committee, trustee, executor, or administrator," and omitting the reference to "any assignment, deed * * * or other document." The Act of 1907 should be repealed only so far as it relates to fiduciaries subject to the jurisdiction of the orphans' court Section 2 of the Act of 1907 is a general repealer. 1 Added by Amendment of May 2, 1919, (P. L. 144). 532. ORGANIZATION OF CORPORATION TO CARRY ON DECEDENT'S BUSINESS, PROPERTY OF ESTATE MAY BE CONTRIBUTED IN RETURN FOR STOCK WHETHER OR NOT THE WILL AUTHORIZED CARRYING ON THE BUSINESS. SECTION 42. (a) Fiduciaries may themselves, or jointly with others, organize a corporation to carry on the business of the decedent, whether he die testate or intestate, whether the business 406 FIDUCIARIES ACT SECTION 42 (a), (b) was owned solely by him or in partnership with others, if such business be one for which a charter could have been obtained in the lifetime of the decedent, and may contribute all or part of the property of the estate which was invested in the business at the time of the death of the decedent, as capital to such corpora- tion and accept stock in the corporation in lieu thereof. NOTE. This and the two following clauses are based upon Section I of the Act of April 22, 1889, P. L. 42, 4 Purd. 4928, extended to cases of guardians and administrators and to cases where the will does not authorize or direct the continuance of the business. Cases where the testator was a partner with others are also included, and the phraseology has been modified. The Commissioners have considered that the provisions of the Act of 1889 might well be extended in this way. Very often the testator is en- gaged in a profitable business and its incorporation will obviously be of great benefit to the cestuis que trust interested in the estate, or when the decedent dies intestate the interests of his minor children can best be conserved by an incorporation of the business. In the present state of the law this cannot be done by trustees or guardians without possible risk to them personally; and in cases of a partnership dissolved by death, where the partnership articles do not sufficiently protect the estate of the deceased partner, a forced liquidation may be disastrous. As the incorporation must be effected under the supervision of the court, it is conceived that the interests of all parties concerned will be properly safeguarded. 533. APPROVAL OF ORPHANS' COURT NECESSARY ; PROCEDURE. (6) No such corporation shall be organized without the ap- proval of the orphans' court having jurisdiction of the accounts of such fiduciaries first had and obtained, upon petition filed setting forth all the facts and circumstances and the proposed terms and conditions of the organization. Such notice as shall be prescribed by said court shall be given to all persons having any beneficial interest, vested or contingent, in the estate of the decedent, who are in being at the time of the filing of such petition ; and the said court shall approve such organization only after inquiring into the circumstances and the proposed terms and conditions of such organization, aided, if necessary, by the re- port of a master, and only with the written consent of all persons interested who shall be sui juris, and of the guardians or com- mittees of such as shall be under age or non compos mentis FIDUCIARIES ACT SECTIONS 42 (&), (c)-43 407 NOTE. In this clause, the phraseology has been altered and the pro- visions of the Act of 1889 for the appointment of special guardians or committees in such proceedings and for the consent of the husbands of persons interested have been omitted. 534. HOW STOCK SHALL BE HELD; VOTING STOCK. (c) The stock of any such corpqra be cited to file his account, after the expiration of six months from the date of issuance of letters testamentary or of administra- tion, on petition of any person having an interest, present or future, vested or contingent, in the estate of the decedent, or on petition of any creditor of the decedent. NOTE. The first part of this clause is derived from Section 15 of the Act of March 15, 1832, P. L. 139, i Purd. 1089, but the period is reduced from one year to six months, "at the expiration of" is substituted for "within," 1 and "required by the orphans' court" for "legally required." The remainder of the clause is new, is declaratory of the existing law, and embodies the provisions of the first part of Section i of the Act of April 17, 1869, P. L. 70, i Purd. 1138, which enables the owner of any contingent interest in the personal property of any decedent to require an executor or administrator to file his accounts. The remainder of that section, enabling the owner of a contingent interest to require the legatee of any previous interest in the same property to give security, is covered by Section 23 of the present draft. (See 469 supra.) Formerly the term of one year was perhaps a convenient period for filing an account, but under modern conditions of rapid communication and transportation, it is no longer necessary or advisable. The majority of estates can now be settled by the end of six months, and it is often a great hardship to legatees and creditors to compel them to wait for a full year before their just claims can] be satisfied. And where the estate is so complicated that a final account cannot be rendered at the end of six months, a partial account may be filed, debts paid or at least ascertained with some degree of certainty, and the will construed by the court at the audit of the account. The Commissioners are of opinion that this shortening of the term will be of great advantage. should apparently be "in." See form 81. FIDUCIARIES ACT SUCTION 46(0) 411 The court will not open a duly filed and confirmed administration ac- count on the petition of a next of kin and a creditor, who failed to give written notice of their claims to the accountant as required! by Section 46, (c), of the Fiduciaries Act, 1917, P. L. 447, and who had notice of the filing of the account from one other than the accountant, on the ground that the administrator had not given them actual notice of the filing of the account. Interested parties, who request it, should have ample notice of the time and place of the application for the appointment of an auditor to distribute the balance on an administration account. Morthland's Est., 32 York 137. The provision of the Fiduciaries' Act requiring an accounting by execu- tors, etc. at the expiration of six months, does not apply where decedent died prior to the passage of the Act. Amodei's Est., 27 Dist. 373. Except in the case of an administration pendente lite or de bonis non, an account of an executor or administrator filed before the expiration of six months from the grant of letters is premature, and distribution, if made, is at the risk of the accountant, although six months have elapsed between the death of the decedent andi the date of audit. "The section of the Fiduciaries Act of 1917 above quoted now takes the place of section 15 of thq Act of March 15, 1832, P. L,. 135, and reduces the time for filing an account from one year to six months ; but the reason- ing of the judge who filed the opinion in Clemen's Estate (21 Dist. 175), applies with greater force to the present act, in which the words "at the expiration of" are substituted for the word "within." In order, however, that any question as to the proper time for the filing of an account might be set at rest, we incorporated in Rule II of this (Phila.) court the following section: "i. Accounts of executors and administrators will not be audited unless filed after the expiration of six months from the date of the grant of letters testamentary or of administration, except in the case of administra- tions pendente lite and administrations de bonis non, where more than six months have elapsed since the granting of the original letters." The reasons for excepting administrations pendente lite and those de bonis non are set forth in Clemens's Estate, 21 Dist. R. 175, and if authority is needed for our right to make this matter the subject? of a rule of court (which counsel seemed to doubt) it is to be found in section 10 of the Orphans' Court Act of 1917, and in McGreevy v. Kulp, 126 Pa. 97 ; Gannon v. Fritz, 79 Pa. 303, and numerous other cases." GUMMEY, J., in Hayden's Est., 28 Dist. 39. "Under the Act of March isth, 1832, P. L. 139, Pur. Dig., page 1089, an executor or administrator was required to file "a just account and settlement of," the "goods, chattels and credits" of the deceased, "in one year, or when thereunto legally required." In the Commissioners' note to Sec. 46 (a) of the Fiduciaries Act of 1917, it is inadvertently stated that in this section of the Act of 1832, the word "within" is used, but it is intended doubtless to refer to Section 24 of the Act, Purd. Dig., page 1078, where the form of the condition of the fiduciary's bond is prescribed, which includes an obligation to account "within one year" from its date, or when thereunto legally required. Under Sec. 38 of the Act of 1832, Purd. Dig. 4I2 FIDUCIARIES ACT SECTION 46 (a) page 1 130, no distribution could be enforced "until one year be fully expired from the granting of the administration of the estate." In construing this statute, in Raestaetter's Estate, 15 Sup. Ct., 549, that court held that the words "in one year," meant "at the expiration of one year." It was the practice in this court prior to the passage of the Fiduciaries Act of 1917, to audit accounts filed within a year after letters were granted .at any time fixed for the audit of cases after the expiration of a year from the grant of letters; in other words, this court did not rule that an account could not be filed within the year, but that, if so filed, it could be audited after the expiration of a year from thei grant of letters. The law respecting the matters involved in this adjudication has been altered by the Fiduciaries Act of 1917 as shown by the following pro- visions in the several sections of the Act which are cited. There must be a bond, conditioned, inter alia, for an accounting "at the expiration of six months from its date" 8 (o) ; a just account of the administration of the estate filed in the Register's office 46 (d) ; "at the expiration of six months from the time of administration granted, or when thereunto legally re- quired" 46 (a) ; and there is a prohibition against compulsory distribution "until six months be. fully expired from the granting of the letters testa- mentary or of administration in the estate" 49 (o). An account filed with the Register of Wills at the expiration of six months from the grant of letters, under 46 (rf) will be transmitted by him to the orphans' court at its next stated meeting after the account is filed, not less than thirty days distant at the time of filing the account, and, after advertisement for four weeks, it will be presented to said court for confirmation. In counties where separate orphans' courts are established, "all accounts filed in the office of the Register of Wills, or in the orphans' court, by fiduciaries, shall be examined and audited by the court" 47 (b) ; and, if a creditor, who has notified the fiduciary of his claim and has received notice of the filing of the account, does not present his claim, "at an audit held not less than six months after the grant of letters testamentary or of administration," duly advertised as required in Sec. 10, he will not be en- titled to receive "a share of the assets distributed in pursuance of such audit, whether the estate be solvent or insolvent" 49 (d). Under 47 (a) the judges of the orphans' court have power and authority "to establish in their discretion such rules and regulations as they may deem proper, for the publication of advertisements of notices of the auditing of ac- counts of fiduciaries * * * as well as by special order in particular cases, as by general rules." Now, when it is required of a fiduciary, deriving his powers and authority from letters granted by the Register of Wills, to file an account at the expiration of six months, and of the Register of Wills that he advertise that account for four weeks and transmit, after the advertisement thereof, to the orphans' court for confirmation at its next stated meeting after it is filed, being not less than thirty days distant from the time of filing, it cannot be argued from the sections of the Fiduciaries Act relied upon in coming to the conclusion in this case, that the fiduciary can volun- tarily file his account within six months from the grant of letters, or, that there can be an audit and confirmation immediately after the expiration of FIDUCIARIES ACT SECTION 46 (a), (6) 413 six months from the grant of letters. Creditors and all parties interested in the distribution are entitled to the Register's published notice of the filing of the account at the expiration of the statutory period required for administration, and when the protection afforded by these sections of the Act herein referred to is invoked, there must be a strict compliance there- with before there can be an exercise of the judicial functions of audit and final confirmation necessary to make a decree binding upon them." Cooper's Est. 29 Dist. 230, 67 P. L. J. 17; 36 Lane. 266, 20 Lack. 46, 32 York, 145. One who has a prima facie claim against the estate of a decedent is entitled to require an account by personal representatives. The orphans' court will not deny a creditor of a decedent the right to proceed to have his claim adjudicated in that court and relegate him to his common law action. "The question presented is whether the petitioner has sufficiently shown himself to be a creditor so as to be entitled to compel the filing of an account. The rights of creditors seem to be the same under the Fiduciaries Act as they were under the prior existing law. * * * In any event the right of a creditor to proceed in the orphans' court seems to be concurrent with his right to proceed by a common law action. Philip's Administrator v. Railroad Company, 107 Pa. 465. We know of no case which holds that the court may relegate a creditor to his common law action and deny him the right to proceed to have his claim adjudicated at the orphans' court. We are, therefore, of opinion that the petitioner is entitled to require the filing of an account." Laverty's Est., 50 Pa. C. C. 259, 24 Dauphin 107, 30 Dist. 507. 540. ORPHANS' COURT MAY APPOINT EXAMINERS TO MAKE EXAMINATIONS OF ASSETS IN HANDS OF FIDUCIARIES. (b) The several orphans' courts of this commonwealth shall have power, by general rule or special order, to appoint one or more examiners to make periodical or special examinations of the assets of estates in the hands of fiduciaries, and power 1 to require all persons in whose custody or control such assets may be held, to present them for such examination. The examiners so ap- pointed shall be compensated by reasonable fees to be fixed by the court and to be paid out of the respective estates. NOTE. This is a new section. At present the orphans' court has not explicitly been given this general power, and the deplorable cases of embezzlement, especially by trustees, that occur from time to time have induced the Commissioners to recom- mend this provision as at least a partial preventive. 414 FIDUCIARIES ACT SECTION 46 (c), ( 1 797> 3 Sm. L,. 296, absolutely. An act entitled "An Act declaring the power and authority given by any last will and testament to executors to sell and convey real estates, to be and remain in the survivors or survivor of them, unless otherwise expressed in the will of the testator, and for other purposes therein mentioned," passed March 12, 1800, 3 Sm. L. 433, absolutely. An act entitled "An Act authorizing executors and administra- tors, in certain cases, to convey lands sold by their decedents by order of orphans' court," approved April 2, 1802, P. L. 133, absolutely. An act entitled "A supplement to the act entitled, 'An Act to enable executors and administrators, by leave of court, to convey lands and tenements contracted for with their decedents, and for other purposes therein mentioned,' " approved March 12, 1804, P. L. 271, absolutely. Section 3 of an act entitled "An Act to amend certain parts of an act, entitled 'An Act supplementary to the several acts of this commonwealth, concerning partitions and for other purposes therein mentioned,' " approved March 26, 1808, P. L. 144, abso- lutely. Section 2 of an act entitled "An Act relative to dower, and for other purposes," approved April i, 1811, P. L. 198, absolutely. An act entitled "A supplement to the act entitled, 'An Act declaring the power and authority given by any last will and 474 FIDUCIARIES ACT-SEcrioN 63 testament to executors to sell and convey real estates, to be and remain in the survivors or survivor of them, unless otherwise expressed in the will of the testator, and for other purposes therein mentioned,' " approved February 7, 1814, P. L. 44, absolutely. An act entitled, "An Act to compel trustees to account in certain cases, and for other purposes," approved February 17, 1818, P. L. 104, in so far as it relates to testamentary trustees. An Act entitled, "A further supplement to the act entitled 'An Act to enable executors and administrators by leave of the court to convey lands and tenements contracted for with their decedents, and for other purposes,' " approved March 10, 1818, P. L. 183, absolutely. Section 7 of an act entitled, "An Act to compel assignees to settle their accounts, and for other purposes," approved March 24, 1818, P. L. 285, in so far as it relates to fiduciaries subject to the jurisdiction of the orphans' court. Section 2 of an act entitled "An Act to limit the time of appeal in cases of divorce, and of the settlement of the accounts of guardians, executors and administrators," approved February 8, 1819, P..L. 58, absolutely. Section 2 of an act entitled "A further supplement to an act, entitled 'An Act to enable the executors and administrators by leave of court, to convey lands and tenements contracted for with their decedents, and for other purposes therein mentioned,' passed the thirty-first of March, one thousand seven hundred and ninety-two," approved February 5, 1821, P. L. 25, absolutely. An act entitled "An Act relative to guardian's of minor children," approved March 30, 1821, P. L. 153, absolutely. Section 2 of an act entitled, "An Act to encourage domestic industry, and promote the comfort of the poor," approved March 31, 1821, P. L. 178, absolutely. An act entitled "A further supplement to the act entitled, 'An Act directing the descent of intestates, real estates and distribution of their personal estates, and for other purposes therein men- tioned,' " approved April i, 1823, P. L. 286, absolutely. Section i of an act entitled "An Act to enable executors, administrators, guardians, and other trustees, to invest their trust moneys," approved February 18, 1824, P. L. 25, in so far as it relates to fiduciaries subject to the jurisdiction of the orphans' court. FIDUCIARIES ACT SECTION 63 475 An act entitled "An Act to prevent the failure of trusts," approved March 22, 1825, P. L,. 107, in so far as it relates to testamentary trustees. Section i of an act entitled "A supplement to the intestate law of this commonwealth," approved April 8, 1826, P. L. 255, absolutely. Section 3 of an act entitled "An Act for the relief of the poor," approved April 10, 1828, P. L. 285, absolutely. Sections i and 2 of an act entitled "An Act to prevent the failure of trusts, to provide for the settlement of accounts of trustees and for other purposes," approved April 14, 1828 P. L. 453, in so far as they relate to testamentary trustees. Sections i and 2 of an act entitled "An Act concerning exec- utors," approved April 3, 1829, P. L. 122, absolutely. An act entitled "A further supplement to the act directing the descent of intestates' real estates and distribution of their personal estates, and for other purposes therein mentioned, passed the nineteenth day of April, seventeen hundred and ninety-four," approved April 7, 1830, P. L/. 347, absolutely. Sections 6, 14, 15, 16, 18 to 24 inclusive, 26 to 30 inclusive, 43 and 44 of an act entitled "An Act relating to registers and registers' courts," approved March 15, 1832, P. L. 135, absolutely. Sections 5 to 34 inclusive, 47, 53 and 54 of an act entitled "An Act relating to orphans' courts," approved March 29, 1832, P. L,. 190, absolutely. Sections i and 41 inclusive, 43, 45 to 61 inclusive, 66, 67 and 68 of an act entitled "An Act relating to executors and administra- tors," approved February 24, 1834, P. L. 73, absolutely. Sections i and 3 of an act entitled "Supplement to the act passed the twenty-ninth day of March, Anno Domini, one thousand eight hundred and thirty-two, entitled 'An Act relating to orphans' courts,' " approved April 14, 1835, P. L. 275, abso- lutely. Sections 12 and 13 of an act entitled "A supplement to the act entitled 'An Act to establish the district court for the city and county of Philadelphia/ passed the twenty-eight day of March, one thousand eight hundred and thirty-five," approved March u, 1836, P. L. 76, in so far as they relate to testamentary trustees. Sections 15 to 21 inclusive and 23 to 26 inclusive of an act entitled "An Act relating to assignees for the benefit of creditors, and other trustees," approved June 14, 1836, P. L. 628, in so far as they relate to testamentary trustees. 476 FIDUCIARIES ACT SECTION 63 Section 3 of an act entitled "An Act supplementary to the various acts relating to orphans' and registers courts, and ex- ecutors and administrators, and the act relating to the measure- ment of grain, salt, and coal," approved June 16, 1836, P. L. 682, absolutely. Section 2 of an act entitled "An Act to empower the court of common pleas for the city and county of Philadelphia to appoint assignees or trustees in the place of the deceased assignees or trustees of John Vaughan, and for other purposes," approved March 17, 1838, P. L,. 80, in so far as it relates to the orphans' court. Sections i and 2 of an act entitled "A further supplement to an act, entitled 'An Act relating to orphans' courts,' passed the twenty-ninth day of March, one thousand eight hundred and thirty-two, and the supplement thereto, passed the fourteenth of April, one thousand eight hundred and thirty-five, and for other purposes," approved April 13, 1840, P. L. 319, absolutely. Section I of an act entitled "An Act relating to orphans' courts, and for other purposes," approved October 13, 1840, P. L. (1841) i, absolutely. Section 5 of an act entitled "A further supplement to the act entitled 'An Act to establish the district court of the city and county of Philadelphia,' passed the twenty-eight day of March, one thousand eight hundred and thirty-five, and for other pur- poses," approved March 12, 1842, P. L. 66, absolutely. Section 52 of an act entitled "An Act concerning the trust es- tate of Hugh Roberts, deceased, and for other purposes," approved July 16, 1842, P. L. 374, absolutely. Section 22 of an act entitled "An Act to authorize the governor to incorporate the Delaware Canal Company, and for other pur- poses," approved April 13, 1843, P. L. 237, absolutely. Section 9 of an act entitled "An Act in regard to certain entries in ledgers in the city of Pittsburgh, and relating to the publishing of sheriffs' sales, and for other purposes," approved April 22, 1846, P. L. 476, absolutely. Section I of an act entitled "An Act relative to the appointment of trustees by orphans' court, and for other purposes," approved April 22, 1846, P. L,. 483, absolutely. An act entitled "An Act to enable the executors and adminis- trators of decedents to perfect title to real estate in certain cases," approved February 8, 1848, P. L. 27, absolutely. FIDUCIARIES ACT SECTION 63 477 Section 9 of an act entitled "A supplement to an act, entitled 'An Act relative to the LeRaysville Phalanx/ passed March, Anno Domini one thousand eight hundred and forty-seven, and relative to obligors and obligees, to secure the right of married women, in relation to defalcation, and to extend the boundaries of the bor- ough of Ligonier," approved April n, 1848, P. L. 536, in so far as it relates to letters of administration. An act entitled "An Act relative to sales made by persons acting in a fiduciary capacity," approved March 14, 1849, P- L. 164, in so far as it relates to powers to sell or let real estate on ground rent, contained in any will or testamentary writing. Section 2 of an act entitled "A further supplement to an act, entitled 'An act authorizing the Governor to incorporate the Mill Creek and Mine Hill navigation and railroad company,' passed the seventh day of February, Anno Domini, one thousand eight hundred and twenty-eight ; and in relation to orphans' court deeds," approved April 9, 1849, P. L. 511, absolutely. Sections 5, 13 and 16 of an act entitled "A supplement to an act relative to the venders of mineral waters ; and an act relative to the Washington Coal Company; to sheriffs' sales of real es- tate ; to the substitution of executors and trustees when plaintiffs ; to partition in the courts of common pleas, and for other pur- poses," approved April 9, 1849, P- L. 524, absolutely. Section 2 of an act entitled "An Act relative to sheriffs' sales, and to the appointment of trustees in the county of Philadelphia, and to the appointment of trustees ; incorporating the First Pres- byterian Church of Pottstown, Montgomery County, and changing the venue of a certain suit in Huntingdon County," approved April 10, 1849, P. L. 597, absolutely. Section i of an act entitled "An Act relating to conveyances by trustees," approved March 14, 1850, P. L. 195, in so far as it relates to fiduciaries subject to the jurisdiction of the orphans' court. Sections I, 5 and 44 of an act entitled "An Act relating to the bail of executrixes ; to partition in the orphans' court and com- mon pleas ; to colored convicts in Philadelphia ; to the limitation of actions against corporations ; to actions enforcing the payment of ground rent ; to trustees of married women ; to appeals from awards of arbitrators by corporations ; to hawkers and peddlers in the counties of Butler and Union; to the payment of costs in actions by informers in certain cases; to taxing lands situate in 478 FIDUCIARIES ACT SECTION 63 different townships ; and in relation to fees of county treasurers of Lycoming, Clinton and Schuylkill; to provide for recording the accounts of executors, administrators, guardians and auditors' reports ; and to amend and alter existing laws relative to the administration of justice in this commonwealth," became a. law April 25, 1850, by reason of the Governor's failure to return it within ten days, P. L. 569, absolutely. Sections 22 and 23 of an act entitled "An Act to incorporate the Wyoming County Mutual Insurance Company; relating to Library Street, in the city of Philadelphia ; giving jurisdiction to the court of common pleas in Tioga County, in a certain divorce case ; and relating to paving in front of the prison in the county of Philadelphia," approved April 26, 1850, P. L. 577, except in so far as they relate to recognizances in partition, and section 25 of said act, absolutely. Section 8 of an act entitled "An act relative to the Columbia Lyceum and Mechanics' Institute; to the act relating to in- spections ; to the claims of David King, of Venango county ; and of the heirs of John Bennet, of Lycoming county, deceased; to authorize James T. Crabb to sell certain gun-powder in the County of Philadelphia ; relative to the estate of Francis Harley, senior, deceased ; and a supplement to an act relating to registers and registers' courts, passed March fifteenth, one thousand eight hundred and thirty-two," approved May 15, 1850, P. L. 764, absolutely. Section 6 of an act entitled "An Act supplementary to an act passed the twenty-ninth day of March, one thousand eight hundred and thirty-two, entitled 'An act relating to orphans' courts,' and relating to contracts of decedents and escheats in certain cases, and relative to the District Court of the City and County of Phila- delphia, and to Registers of Wills," approved April 3, 1851, P. L. 305, absolutely. Section 5 of an act entitled "An Act relating to the commence- ment of actions to judgments and decrees for the payment of money to the widows and children of decedents, to partitions in the common pleas, relative to penalties on telegraph operators, to pleadings in certain actions of debt, to actions of ejectments, to the protection of fences, to partnerships, to limitations of writs of entry in manors, lands, and tenements, to the exemption laws, to reports of the supreme court, to appeals relating to wards, boroughs, and township officers, to the acknowledgments of deeds FIDUCIARIES ACT SivCTioN 63 479 and sequestration of life estates," approved April 14, 1851, P. L. 612, absolutely. Section 18 of an act entitled "An Act to incorporate a company to erect a bridge over the river Schuylkill at Spring Mill, in Mont- gomery County, relative to the nineteenth section of 'An Act regulating certain election districts, &c.' approved March twenty- ninth, eighteen hundred and fifty-one, to school directors in Phila- delphia county, to actions for damages sustained by injuries done to the person by negligence or default, relative to the accounts of John Humes, deceased, to authorize the trustees of the Seventh Presbyterian Church of Philadelphia to convey certain real estate, to security for moneys loaned by wives to husbands, to unpaid school taxes in Bradford County, and relative to service of process on agents of joint stock companies," approved April 15, 1851, P. L. 669, absolutely. An act entitled "A supplement to an act relating to executors and administrators, passed February twenty-fourth, one thousand eight hundred and thirty-four," approved February 2, 1853, P. L. 31, absolutely. An act entitled "An Act to give power to the orphans' court to grant relief in certain cases," approved February 23, 1853, P. L. 98, absolutely. Section i of an act entitled "An Act relative to bringing suits by creditors and others against executors, administrators, assignees and other trustees in certain cases, and serving notices and for satisfaction of mortgages, and opening judgments in certain cases," approved March 27, 1854, P. L. 214, in so far as it relates to fiduciaries subject to the jurisdiction of the orphans' court. Section 2 of an act entitled "A supplement to an act, entitled 'An Act relating to the sale and conveyance of real estate,' " ap- proved April 13, 1854, P. L. 368, in so far as it relates to fiduciar- ies subject to the jurisdiction of the orphans' court. An act entitled "A supplement to the act relating to executors and administrators," approved May 5, 1854, P. L. 570, absolutely. Sections 2 and 5 inclusive of an act entitled "A supplement to an act relating to assignees for the benefit of creditors and other trustees," approved May 3, 1855, P. L. 415, in so far as they relate to testamentary trustees. Section 4 of an act entitled "An Act relating to the rights of property of husband and wife," approved April n, 1856, P. L. 315, absolutely. 480 FIDUCIARIES ACT SECTION 63 An act entitled "An Act respecting the estates of non-resident wards," approved April 21, 1856, P. L. 495, absolutely. Section 8 of an act entitled "An Act for the greater certainty of title and more secure enjoyments of real estate," approved April 22, 1856, P. L. 532, absolutely. An act entitled "An Act relating to testamentary trustees," ap- proved March 13, 1859, P. L,. 611, absolutely. Section i of an act entitled "An Act relative to orphans' courts," approved March 22, 1859, P. L. 207, absolutely. An act entitled "A supplement to the act, entitled 'An Act re- lating to executors and administrators/ approved the twenty- fourth day of February, Anno Domini, one thousand eight hun- dred and thirty-four," approved April 6, 1859, P. L. 384, abso- lutely. An act entitled "An Act to extend the jurisdiction of the orphans' courts in case of testamentary trusts," approved April 7, 1859, P. L. 406, absolutely. An act entitled "An Act relative to the exemption of three hundred dollars, and to the widows and children of decedents," approved April 8, 1859, P. L. 425, in so far as it relates to the exemption allowed to the widow or children of any decedent. An act entitled "An Act relating to executors, administrators and guardians," approved April 13, 1859, P- L. 604, absolutely. An act entitled "An Act relative to the lien of legacies," ap- proved May i, 1861, P. L. 420, absolutely. An act entitled "An Act authorizing surviving executors and administrators to execute and deliver deeds of conveyance in certain cases," approved May i, 1861, P. L. 431, in so far as it relates to fiduciaries subject to the jurisdiction of the orphans' court. An act entitled "An Act relating to executors and other trustees," approved May i, 1861, P. L. 680, in so far as it relates to fiduciaries subject to the jurisdiction of the orphans' court. An act entitled "An Act regulating certain charges of executors and trustees," approved March 17, 1864, P. L. 53, absolutely. An act entitled "An Act extending the provisions of the second section of the act of April tenth, one thousand eight hundred and forty-nine, entitled 'An Act relative to sheriffs' sales, and the ap- pointment of trustees, in the county of Philadelphia, et cetera,' to the several counties of this commonwealth," approved April 23, 1864, P. L. 550, absolutely. FIDUCIARIES ACT SECTION 63 481 An act entitled "An Act relating to the appointment of guard- ians/' approved August 25, 1864, P. L. 1029, absolutely. An act entitled "An Act providing additional remedies against trustees of a trust created for life, or during marriage, and pro- viding a remedy for the protection of their sureties," approved March 27, 1865, P. L. 44, in so far as it relates to testamentary trustees. An act entitled "An Act supplementary to the act to set apart, for the use of the widow, or children, of a decedent, three hun- dred dollars of the estate of said decedent, approved April four- teenth, one thousand eight hundred and fifty-one," approved November 27, 1865, P. L. (1866) 1227, absolutely. An act entitled "Supplement to an act, entitled 'An Act provid- ing additional remedies against trustees of a trust, created for life, or during marriage, and providing a remedy for the pro- tection of their sureties,' approved March twenty-seventh, one thousand eight hundred and sixty-five," approved April 17, 1866, P. L. in, in so far as it relates to trustees subject to the juris- diction of the orphans' court. An act entitled "An Act enlarging the powers of the orphans' court, so as to discharge liens on real estate," approved May 17, 1866, P. L. 1096, absolutely. An act entitled "A supplement to the act of the fifteenth of March, Anno Domini one thousand eight hundred and thirty-two, entitled 'An Act relating to registers and registers' courts,' " ap- proved April 15, 1867, P. L. 86, absolutely. An act entitled "An Act to authorize the court of common pleas and orphans' court of the city of Philadelphia to appoint and re- move trustees," approved April 9, 1868, P. L. 785, in so far as it relates to trustees subject to the jurisdiction of the orphans' court. An act entitled "An Act relating to orphans' courts, conferring upon said courts power to define boundaries in certain cases of devises and conveyances for life or term of years," approved April 14, 1868, P. L. 97, absolutely. Section I of an act entitled "An Act relating to the appointment of auditors in the courts of the county of Montgomery," approved February 18, 1869, P. L. 183, absolutely. An act entitled "An Act relative to actions of trespass and for mesne profits," approved April 12, 1869, P. L. 27, absolutely. An act entitled "An Act for the protection of contingent inter- ests," approved April 17, 1869, P. L. 70, absolutely. 31 482 FIDUCIARIES ACT SECTION 63 An act entitled "An Act relating to the appraisement of real estate devised by any last will and testament within this common- wealth," approved April 17, 1869, P. L. 72, absolutely. An act entitled "A supplement to an act relating to assignees for the benefit of creditors and other trustees, approved June fourteenth, one thousand eight hundred and thirty-six," approved May 17, 1871, P. L. 269, in so far as it relates to fiduciaries ap- pointed by the orphans' court or by virtue of any last will or testament. An act entitled "A further supplement to an act entitled, 'An Act relating to executors and administrators, approved twenty- fourth of February, one thousand eight hundred and thirty-four," approved May 17, 1871, P. L,. 269, absolutely. An act entitled "A further supplement to an act, entitled 'A further supplement to an act relating to orphans' courts,' passed the twenty-ninth day of March, one thousand eight hundred and thirty-two, and the supplement, passed fourteenth of April, one thousand eight hundred and thirty-five, arid the further supple- ment, passed fourteenth of April, one thousand eight hundred and forty," approved May 25, 1871, P. L. 279, absolutely. An act entitled "An Act providing for the entry of certain pro- ceedings on the judgment indexes of the several courts of this commonwealth," approved June 15, 1871, P. L. 387, in so far as it relates to proceedings to revive and continue the lien of debts against a decedent's real estate. An act entitled "An Act relating to foreign executors, adminis- trators, guardians and representatives of decedents and wards," approved April 8, 1872, P. L. 44, absolutely. An act entitled "An Act to provide for the recording of deaths of testators and intestates in the office of register of wills," ap- proved May 15, 1874, P. L. 194, absolutely. An act entitled "An Act relative to the transfer of the loans of this commonwealth, and of the city of Philadelphia, and to amend the provisions of the twenty-second section o an act, entitled 'An Act to authorize the Governor to incorporate the Delaware Canal Company, and for other purposes,' approved the thirteenth day of April, eighteen hundred and forty-three, and extending the same to the holders of any loans of this commonwealth, or of the city of Philadelphia, domiciled or resident out of this common- wealth, who shall have heretofore died or hearaf ter die," approved May 15, 1874, P. L. 195, absolutely. FIDUCIARIES ACT SECTION 63 483 The proviso to Section 6 of "An Act relating to the organiza- tion and jurisdiction of orphans' courts, and to establish a sepa- rate orphans' court in and for counties having more than one hundred and fifty thousand inhabitants, and to provide for the election of judges thereof," approved May 19, 1874, P. L. 206, absolutely. An Act entitled "An Act to validate sales and conveyances, under the decrees of courts of this commonwealth, by persons irregularly or improperly appointed or defectively qualified," approved April 28, 1876, P. L. 50, in so far as it relates to pro- ceedings in the orphans' court. An act entitled "A further supplement to an act, entitled 'An Act relating to orphans' court,' approved the twenty-ninth day of March, Anno Domini one thousand eight hundred and thirty-two, designed to extend the fourteenth section of said act, so as to authorize investments I y executors, trustees and other persons holding property in a fiduciary capacity in bonds or certificates of debt created by any of the counties, cities or municipal cor- porations of this commonwealth," approved May 8, 1876, P. L. 133, absolutely. An act entitled "An Act relating to the execution of trusts by corporations," approved February 16, 1877, P. L. 3, in so far as it relates to fiduciaries subject to the jurisdiction of the orphans' court. Sections I and 2 of an act entitled "An Act to provide for and to validate the execution and delivery of deeds and conveyances of real estate, in cases in which administrators, executors, guardians and trustees, may die or have died, between the time of sale and the time appointed for the payment of purchase money and de- livery of the conveyance, and also in cases in which the adminis- trator, executor, guardian or trustee may have received authority from the proper court to purchase real estate sold by him, either under the provisions of any last will and testament, or by the authority or under the direction of any court having jurisdiction to make a decree, directing such real estate to be sold," approved May 22, 1878, P. L. 83, in so far as they relate to the orphans' court. Sections i, 2 and 3 of an act entitled "An Act to provide for the appointment of trustees durante absentia, and defining the powers and duties of the same," approved April u, 1879, P. L. 21, absolutely. 484 FIDUCIARIES ACT SECTION 63 An act entitled "An Act to regulate the compensation of audi- tors and commissioners," approved June 4, 1879, P. L. 84, in so far as it relates to auditors and commissioners appointed by the orphans' court. An act entitled "A supplement to extend the provisions of an act, entitled 'An Act providing additional remedies against trus- tees of a trust created for life, or during marriage, and providing a remedy for the protection of their sureties/ approved the twenty- seventh day of March Anno Domini, one thousand eight hundred and sixty-five, to the orphans' courts of the respective counties of this commonwealth," approved May 10, 1881, P. L. 14, in so far as it relates to trustees subject to the jurisdiction of the orphans' court. An act entitled "A supplement to an act, approved April thirteen, one thousand eight hundred and fifty-nine, entitled 'An Act re- lating to executors, administrators and guardians,' " approved June 10, 1881, P. L. 106, absolutely. An act entitled "An Act to confer power on the several orphans' courts having jurisdiction of the accounts of executors and ad- ministrators to order and direct a sale for the payment of the debts of such decedent of any lands lying partly in two or more counties," approved June 4, 1883, P. L. 65, absolutely. An act entitled "An Act providing the manner in which widows' and children's exemption in decedents' estates shall and may be set aside to them in certain cases," approved June 4, 1883, P. L. 74, absolutely. An act entitled "An Act to permit foreign executors or ad- ministrators to issue scire facias to preserve and continue the lien or liens of judgments in favor of decedents within this common- wealth, and before letters of administration have been taken out within this state," approved June 27, 1883, P. L. 163, absolutely. An act entitled "An Act relating to the grant of letters of ad- ministration upon the estates of persons, presumed to be dead, by reason of long absence from their former domicile," approved June 24, 1885, P. L. 155, absolutely. An act entitled "An Act limiting the time within which action may be brought upon refunding bonds given upon the distribution or partition of estates of decedents," approved June 30, 1885, P. L. 203, absolutely. An act entitled "An. Act authorizing executors or trustees to unite with others in the organization of corporations," approved April 22, 1889, P. L. 42, absolutely. FIDUCIARIES ACT SECTION 63 485 An act entitled "An Act to authorize courts, having cognizance of trusts created by deed or will, to direct trust funds to be placed in the custody of trustees appointed by the courts of another state or territory of the United States, in cases where the person or persons beneficially interested in such trust have removed to such other state or territory of the United States," approved May 8, 1889, P. L. 123, in so far as it relates to trusts created by will. An act entitled "An Act relating to orphans' court sales," ap- proved May 9, 1889, P. L. 182, absolutely. An act entitled "An Act amending an act, entitled 'An Act respecting the estate of non-resident wards,' approved the twenty- first day of April, Anno Domini one thousand eight hundred and fifty-six, extending the provisions thereof so that the same may apply to trustees and cestui que trusts," approved May 13, 1889, P. L. 190, absolutely. Section 2 of an act entitled "An Act relating to judicial sales and the preservation of the lien of mortgages," approved May 19, 1893, P. L. no, absolutely. An act entitled "An Act to enable the surety of any trustee, committee, guardian, assignee, receiver, administrator, executor, or other trustee, or any person interested in the trust, to require the filing of statements exhibiting the manner of the investment of the trust funds, and providing for the removal of such trustee, committee, guardian, assignee, receiver, administrator, executor, or other trustee, by the court," approved June 3, 1893, P. L. 273, in so far as it relates to fiduciaries subject to the jurisdiction of the orphans' court. An act entitled "An Act regulating the satisfaction, extinguish- ment or discharge of dowers, legacies or other charges upon land, by judicial decree where the legal presumption of payment of the same exists from lapse of time, or where payment of the same has been made in full and no satisfaction, extinguishment, release thereof appears of record," approved June 8, 1893, P. L. 356, absolutely. An act entitled "An Act to limit the duration of the lien of the debts of decedents other than those of record on their real estate," approved June 8, 1893, P. L. 392, absolutely. An act entitled "An Act providing for the release and discharge of encumbrances or charges on land in all cases in which the period of twenty-one years has elapsed after the principal of the encumbrance or charge has become due and payable, and no pay- 486 FIDUCIARIES ACT SECTION 63 merit has been made within such period of twenty-one years on account of such encumbrance or charge by the owner or owners of the land sought to be released and discharged and no sufficient release is of record in the county, and regulating proceedings for such release and discharge," approved May 8, 1895, P. L. 44, in so far as it relates to the orphans' court. An act entitled "A supplement to an act, entitled 'An Act relating to executors and administrators,' approved February twenty-fourth, one thousand eight hundred and thirty-four, re- lating to the lien of judgments against decedents," approved June 18, 1895, P. L. 197, absolutely. Section I of an act entitled "An Act providing that the right of action for injury wrongfully done to the person shall survive against the personal representative of the wrong-doer, and limit- ing the time within which suit for such injury must be brought," approved June 24, 1895, P. L. 236, absolutely. An act entitled "An Act to allow receivers, assignees, guardians, committees, trustees, executors and administrators to include in the lawful expenses of executing their trusts such reasonable sum paid a company, authorized under the laws of this state so to do, for becoming their surety as may be by court allowed, not exceed- ing one per centum per annum on the amount of such bonds," ap- proved June 24, 1895, P. L. 248, in so far as it relates to fiducia- ries subject to the jurisdiction of the orphans' court. An act entitled "An Act to authorize executors and trustees, non-residents of the commonwealth, to convey real estate," ap- proved June 23, 1897, P. L. 200, absolutely. An act entitled "An Act authorizing the payment into the orphans' court of the money due on dowers, legacies or other charge upon land where the person or persons to whom the dower, legacy or other charge upon land is due and payable cannot be found, and providing for the satisfaction, extinguishment or dis- charge thereof, and to ascertain the amount thereof," approved July 14, 1897, P. L. 269, absolutely. An act entitled "An Act enlarging the powers of the orphans' court, and to provide a further remedy for the collection of dower interest due to widows," approved April 28, 1899, P. L. 120, absolutely. An act entitled "An Act authorizing the orphans' courts of the commonwealth to decide specific performance of written contracts, and also parol contracts when so far executed that it would be FIDUCIARIES ACT SECTION 63 487 inequitable to rescind, for the sale of real estate, where the ven- dor has died without conveying, and in cases where the vendee has died without having paid the purchase money, and authorizing the recording of the decrees in such cases in the counties where the real estate lies," approved April 28, 1899, P. L. 157 absolutely. An act entitled "An Act to allow an executor, administrator, guardian, assignee, or trustee to institute an action at law, or other legal or equitable proceedings, against a co-executor, ad- ministrator, guardian, assignee or trustee, to recover or enforce any debt or obligation individually due the estate which he repre- sents," approved May n, 1901, P. L,. 174, in so far as it relates to fiduciaries subject to the jurisdiction of the orphans' court. An act entitled "An Act to confer on the several orphans' courts having jurisdiction of the accounts of guardians, power to order and direct a mortgage or a public or private sale, for the payment of debts or for other purposes, of any lands lying partly in two or more counties, divided by county lines," approved May 21, 1901, P. L. 272, absolutely. An act entitled "An Act to amend the first section of an act, entitled 'An Act to limit the duration of the lien of the debts of decedents, other than those of record, on their real estate,' ap- proved the eight day of June, Anno Domini one thousand eight hundred and ninety-three, and to extend the provisions of said act so as to limit the duration of the lien upon real estate of the decedents, other than those secured by mortgage or by judgment entered or revived by scire facias within five years prior to the death of such decedent," approved June 14, 1901, P. L. 562, absolutely. Section I of an act entitled "An Act authorizing the orphans' court to adjudge real estate to persons, to whom the right to take the same at a certain valuation has been given in a will, and who are appointed executors of the same will ; providing for the pay- ment of the purchase money, and confirming titles to real estate heretofore taken under similar proceedings," approved March 5, 1903, P. L. 10, absolutely. An act entitled "An Act providing for the voting of shares of stock in corporations in this commonwealth, held by executors, ad- ministrators, guardians, and trustees, and the manner of voting the same," approved March 16, 1905, P. L. 42, in so far as it re- lates to fiduciaries subject to the jurisdiction of the orphans' court. 488 FIDUCIARIES ACT SECTION 63 An act entitled "An Act to amend the first section of an act approved the eleventh day of April, Anno Domini one thousand eight hundred and seventy-nine, entitled 'An Act to provide for the appointment of trustees durante absentia, and defining the powers and duties of the same,' providing for the appointment of a trustee of the estate of any absentee, who has been a resident of this commonwealth or of any other state, territory or foreign country, who has left either real or personal estate, or both, in this commonwealth," approved March 30, 1905, P. L. 77, abso- lutely. An act entitled "An Act to regulate the transfer of funds from executors and administrators, in this commonwealth, to foreign executors and administrators," approved March 31, 1905, P. L. 91, absolutely. An act entitled "An Act to extend the statute of limitations to debts or demands arising or falling due to the estate of a decedent after the death of such decedent," approved April 6, 1905, P. L. 1 14, absolutely. An act entitled "A supplement to an act, entitled 'An Act re- lating to the granting of letters of administration upon the estates of persons, presumed to be dead, by reason of long absence from their former domicile/ approved June twenty-fourth, one thou- sand eight hundred and eighty-five ; providing for the probate of a will of a person whose death, by presumption has been established, and for attachment of such will to letters of administration granted in the case," approved April 14, 1905, P. L. 153, absolutely. An act entitled "An Act to amend an act approved the seven- teenth day of May, one thousand eight hundred and sixty-six, entitled 'An Act enlarging the powers of the orphans' court, so as to discharge liens on real estate/ so as to include charges on real estate by the provisions of a last will and testament, or otherwise," approved March 22, 1907, P. L. 29, absolutely. An act entitled "An Act authorizing employers to pay to the wife, children, brother or sister, father or mother, boarding-house keeper, undertaker, nurse, or physician wages due a deceased em- ploye," approved May 23, 1907, P. L. 201, absolutely. An act entitled "An Act to allow receivers, assignees, guardians, committees, trustees, executors, and administrators to include in the lawful expenses of executing their trust such reasonable sum paid a company, authorized under the laws of this state so to do, for guaranteeing the payment of the principal and interest of FIDUCIARIES ACT SECTION 63 489 mortgages or other securities in which they are required to invest the funds of their estate, not exceeding one-half of one per centum per annum on the principal of such mortgage or other securities," approved May 28, 1907, P. L. 271, in so far as it relates to fiducia- ries subject to the jurisdiction of the orphans' court. An act entitled "An Act to provide for the discharge of sureties upon bonds of trustees, committees, guardians, assignees, re- ceivers, executors, administrators, and other fiduciaries," ap- proved June i, 1907, P. L. 384, in so far as it relates to fiduciaries subject to the jurisdiction of the orphans' court. An act entitled "An Act authorizing the parties in interest, or their counsel, to select auditors and masters needed in judicial proceedings; except in divorce cases," approved April I, 1909, P. L. 95, in so far as it relates to proceedings in the orphans' court. An act entitled "An Act to amend sections twenty-nine and thirty of an act, approved the twenty-ninth day of March, Anno Domini eighteen hundred and thirty-two, entitled 'An Act re- lating to orphans' courts,' and validating execution and attachment execution process issued out of the courts of common pleas of this commonwealth, upon transcripts from any orphans' court of this commonwealth, for balances due from, or in the hands of, any executor, administrator, guardian, or other accountant, on the settlement of their respective accounts in the orphans' court," ap- proved April 27, 1909, P. L. 202, except in so far as it relates to proceedings begun prior to its date. An act entitled "An Act to limit the duration upon real estate of the debts of decedents, including the expenses of the settlement of the estate, and to provide under what conditions the lien may be continued," approved May 3, 1909, P. L,. 386, absolutely. An act entitled "An Act to provide for the filing, auditing, and confirmation, in certain cases, of accounts of trustees and of com- mittees of lunatics and of habitual drunkards," approved May 3, 1909, P. L. 391, in so far as it relates to trustees subject to the jurisdiction of the orphans' court. An act entitled "An Act providing that the widow or children of any decedent dying outside of this commonwealth, but whose estate is settled in this commonwealth, may retain either real or personal property belonging to said estate to the value of three hundred dollars," approved May 6, 1909, P. L. 459, absolutely. Sections i, 2 and 3 of an act entitled "An Act relating to pri- vate sales of real estate, ordered, decreed, or approved by the 490 FIDUCIARIES ACT SECTION 63 orphans' courts ; and providing a method of giving notice of such sales, and validating such private sales of real estate, heretofore made under the authority of the orphans' courts, for the payment of debts," approved June 9, 1911, P. L. 724, absolutely. An act entitled "An Act to amend section ten of an act, ap- proved the twenty-ninth day of March, Anno Domini one- thou- sand eight hundred and thirty-two, entitled 'An Act relating to orphans' courts,' so as to permit the accounts of the guardians of minors' property therein mentioned and described to be examined and audited, and the matters therein contained confirmed by de- cree of orphans' court, with the same force and effect as the partial accounts of executors, administrators, and temporary trustees are audited, examined, allowed, and confirmed," approved June 9, 1911, P. L. 744, absolutely. An act entitled "An Act to confer power on the several orphans' courts having jurisdiction thereof, when the balance for distri- bution in an estate, after the debts are paid, includes stocks, bonds, and other securities, to make distribution of the same in kind to parties entitled thereto, to authorize subsequent sales thereof, and to validate such distributions heretofore made," approved June 10, 1911, P. L. 870, absolutely. An act entitled "An Act to provide that persons buying real estate in this commonwealth, from executors or trustees named in the last will and testament of any person dying testate, and who hold the same in trust under the provisions thereof, and who make sale of same under the power of sale in said last will and testament contained, shall take title to said real estate free and discharged of any obligation to see to the application of the pur- chase money," approved June 10, 1911, P. L. 874, absolutely. An act entitled "An Act to amend an act, approved the eight day of April, Anno Domini one thousand eight hundred and seventy-two, entitled 'An Act relating to foreign executors, ad- ministrators, guardians, and representatives of decedents and wards,' by extending the provisions thereof to the assignment and satisfaction of record of mortgage debts and indentures of mort- gage and to the receipt of the interest thereon," approved June 13, 1911, P. L,. 890, absolutely. An act entitled "An Act to amend an act approved the twenty- fourth day of February, one thousand eight hundred thirty-four, entitled 'An Act relating to executors and administrators,' " ap- proved May 23, 1913, P. L. 344, absolutely. FIDUCIARIES ACT SECTION 63 491 An act entitled "An Act relating to the real estate of persons presumed to be dead, and providing a method of freeing such estate from all claim or interest of such persons," approved May 28, 1913, P. L. 369, absolutely. An act entitled "A supplement to an act, entitled 'An Act relat- ing to the grant of letters of administration upon the estates of persons, presumed to be dead, by reason of long absence from their former domicile/ approved June twenty-fourth, one thou- sand eight hundred and eighty-five; providing for the grant of ancillary letters of administration in this commonwealth, upon the estates of persons, presumed to be dead, by reason of long absence from their former domicile, in any other state, territory, or foreign country, who have left personal estate within this com- monwealth," approved May 28, 1913, P. L. 373, absolutely. An act entitled "An Act to amend an act approved the ninth day of June, one thousand nine hundred and eleven, entitled 'An Act relating to private sales of real estate, ordered, decreed, or ap- proved by the orphans' courts ; and providing a method of giving notice of such sales, and validating such private sales of real estate, heretofore made under the authority of the orphans' courts, for the payment of debts/ " approved June 12, 1913, P. L. 470, absolutely. An act entitled "An Act to amend an act, approved the four- teenth day of April, one thousand eight hundred and fifty-one, entitled 'An Act relating to the commencement of actions, to judg- ments and decrees for the payment of money to the widows and children of decedents, to partitions in the common pleas, relative to penalties on telegraph operators, to pleadings in certain actions of debt, to actions of ejectments, to the protection of fences, to partnerships, to limitations of writs of entry in manors, lands and tenements, to the exemption laws, to reports of the supreme court, to appeals relating to wards, boroughs and township officers, to the acknowledgments of deeds and sequestration of life estates/ by regulating the appointment and number of appraisers," ap- proved July 21, 1913, P. L,. 877, absolutely. Section i of an act entitled "An Act authorizing the several orphans' courts to empower guardians and trustees of estates of minors to elect, in writing, to take land in fee, which has been ordered to be sold by the provisions of any duly probated will, in lieu of legacies bequeathed or distributable to said minors from the proceeds of such sale, and validating certain elections to take 492 FIDUCIARIES ACT SECTION 63 land in lieu of legacies heretofore made pursuant to an order of court," approved July 22, 1913, P. L. 908, absolutely. An act entitled "An Act authorizing the orphans' court to re- duce, under certain circumstances, the bond of any fiduciary; imposing duties on registers of wills in connection therewith," ap- proved May 3, 1915, P. L. 218, absolutely. An act entitled "An Act relative to estates of decedents," ap- proved May 6, 1915, P. L. 265, absolutely. An act entitled "An Act to amend an act approved the twenty- fourth day of February, one thousand eight hundred thirty-four, entitled 'An Act relating to executors and administrators,' as amended," approved May 6, 1915, P. L. 267, absolutely. An act entitled "An Act to amend an act, entitled 'An Act to limit the duration upon real estate of the debts of decedents, in- cluding the expenses of the settlement of the estate, and to pro- vide under what conditions the lien may be continued,' approved the third day of May, one thousand nine hundred and nine, so as to restrict the revival of judgment liens by the death of the debtor to real estate still owned by said decedent at the date of his death," approved May 14, 1915, P. L. 475, absolutely. An act entitled "A supplement to an act approved the fourteenth day of April, one thousand eight hundred and fifty-one, entitled 'An Act relating to the commencement of actions to judgments and decrees for the payment of money to the widows and children of decedents, to partitions in the common pleas, relative to penal- ties on telegraph operators, to pleadings in certain actions of debt, to actions of ejectments, to the protection of fences, to partner- ships, to limitations of writs of entry in manors, lands, and tene- ments, to the exemption laws, to reports of the supreme court, to appeals, relating to wards, boroughs, and township officers, to the acknowledgments of deeds and sequestration of life estates,' pro- viding a method of allowing a widow's exemption, where the property consists of real estate not readily divided," approved June i, 1915, P. L. 682, absolutely. An act entitled "An Act to amend section three of an act, ap- proved the fourteenth day of April, Anno Domini one thousand nine hundred and five, entitled 'A supplement to an act, entitled "An Act relating to the granting of letters of administration upon the estates of persons, presumed to be dead, by reason of long ab- sence from their former domicile," approved June twenty-fourth, one thousand eight hundred and eighty-five; providing for the FIDUCIARIES ACT SEC. 63; ACT JULY 11, 1917 (P.L.79O) SBC.I 493 probate of a will of a person whose death by presumption has been established, and for attachment of such will to letters of administration granted in the case,' by providing for the issuance of letters testamentary to the executor named in such will, in the same manner and form as if such supposed decedent were ac- tually dead," approved June i, 1915, P. L. 689, absolutely. An act entitled "An Act to amend section five of an act, entitled 'An Act relating to the grant of letters of administration upon the estates of persons presumed to be dead, by reason of long absence from their former domicile' ; approved the twenty-fourth day of June, Anno Domini one thousand eight hundred and eighty-five, by authorizing the several orphans' courts of this commonwealth to accept refunding bonds from the distributees without sureties, in certain cases," approved June n, 1915, P. L. 945, absolutely. All other acts of assembly, or parts thereof, that are in any way in conflict or inconsistent with this act, or any part thereof, are hereby repealed. Provided, however, that nothing in this act shall be construed to repeal or in any way affect the existing law requiring publication of legal advertisements or notices in legal journals or periodicals designated by rule of court for that purpose. 1 1 This proviso did not appear in the commissioners' draft. ACT OF JULY ii, 1917 (P. L. 790.) 624. RIGHTS OF FIDUCIARIES AS TO COAL LEASES AUTHORIZING TRUSTEES, GUARDIANS, AND OTHER FIDUCIARIES TO SELL, ASSIGN, ALTER, MODIFY OR SUPPLEMENT COAL MINING LEASES, WITH THE APPROVAL OF THE COURT HAVING JURISDICTION OF THEIR ACCOUNTS. SECTION i. Be it enacted, &c. That from and after the pas- sage of this act, any trustee, guardian, or other fiduciary, having an interest in any coal-mining lease, may sell, assign, and with the consent of the lessees, thereof, alter, modify or supplement such coal mining lease, with the approval of the court having jurisdiction of the accounts of such fiduciary. The Fiduciaries Act of June 7, 1917, P. L. 447, 46 (g), abolished the concurrent jurisdiction formerly exercised by the court of common 494 ACT OF JULY ii, 1917 (P. L. 790) SECTION? i, 2 pleas and the orphans' court over the accounts of testamentary trustees appointed nominatim by the will, and vested such jurisdiction exclusively in the orphans' court of the county where the will is probated. Under the Act of July 11, 1917, P. L. 796, the orphans' court has jurisdiction of a petition by a testamentary trustee to modify the terms of a coal mining lease authorized by a decree of the court of Common pleas. This is a remedial act and relates to procedure, and such a statute will operate, in the absence of a saving clause, to transfer juris- diction even as the pending proceedings. "We have now come to the conclusion that we have jurisdiction in the premises. So far as the proceedings in the court of common pleas No. 3 are concerned, it is clear that the court did no more than to authorize the trustee to make leases for the term of fifteen years, and its decrees did not authorize or direct the provision as to royalties etc., that are now alleged to be unfairly onerous upon the lessees. But although the Baird Snyder lease was specifically authorized by the decree of the court of common pleas No. i, we are of opinion, that the jurisdiction to modify its terms is also by the Act of July n, 1917, P. L. 790, vested in this court. That act is remedial in character, and relates to procedure ; and the general rule in such cases is that such a statute will operate, in the absence of a saving clause, to transfer jurisdiction even as to pending proceedings. There is good reason in the present instance for our jurisdiction, for the account of the trustee should clearly be filed in this court, and it is eminently proper that any modification of this lease, the rentals of which would be included in an account, should also be subject to our approval." GEST, J., in Girard's Est, 48 Pa. C. C. 608, 29 Dist 62. 625. PROCEDURE. SECTION 2. The procedure under this Act shall be the same as the procedure for the sale of real estate prescribed by sections four and twelve of the Revised Price Act of one thousand nine hundred and seventeen. See Sees. 183 and 191, supra. See form 78. See Girard's Est., 48 Pa. C. C. 608, 29 Dist. 62. FORMS OFFICIAL FORMS OF THE REGISTER OF WILLS OF PHILADELPHIA COUNTY. 1. Petition for probate and letters testamentary. (Sec. 358). 2. Oath of executor, 380, 381. 3. Oath of subscribing witnesses, 215. 4. Oath of subscribing witnesses where will executed by mark, 216. 5. Oath of subscribing witnesses to will disposing of real estate in another state requiring special proof, 215. 6. Same, longer form, 215. 7. Oath to signature to will where no witnesses, 215. 8. Oath to signature of a witness who is dead or cannot be lo- cated, 215. 9. Decree of probate. 10. Petition for letters of administration, 358. 11. Bond and oath of administrator, 381-2-3. 12. Petition for letters of administration c. t. a., 358-9. 13. Petition for letters of administration d. b. n. c. t. a., 358, 360. 14. Bond and oath of administrator c. t. a., 382-3. 15. Inventory and appraisement, 392. 16. Advertisement of letters, 391. OFFICIAL FORMS OF ORPHANS' COURT OF PHILADELPHIA COUNTY. 17. Certificate of appointment of trustee with security, 584. 18. Certificate of appointment of guardian without security, 599. 19. Certificate of appointment of guardian with security, 599. 20. Guardian's inventory, 606. 21. Bond of guardian of minor's estate, 605. 22. Bond of trustee appointed, 388. 23. Bond of fiduciary on sale of real estate, 192. 24. Bond of fiduciary for miscellaneous transactions where security is required, 388. 25. Bond for costs on appeal from orphans' court, 163. 26. Justification by individual sureties. 27. Citation, 116. 28. Petition for distribution of intestate's estate, 552. 29. Petition for distribution under a will, 552. 30. Petition for distribution of a trust estate, 552. OFFICIAL FORMS OF REGISTER OF WILLS OF ALLEGHENY COUNTY. 31. Affidavit of death testate. 32. Citation to produce will, 267. 33. Subpoena to witness, 268. 34. Commission and deposition of witnesses to will, 269. 35. Petition for probate and letters testamentary, 358. 36. Oath of subscribing witnesses to will, 215. 495 496 FORMS 37. Oath to decedent's signature where no witnesses, 215. 38. Citation to show cause why letters should not issue. 39. Renunciation of right to administer, 357. 40. Petition for letters of administration, 358. 41. Bond and oath of administrator, 381-2-3. 42. Petition for letters of administration c. t. a., 358-9- 43. Oath of administrator c. t. a., 382. 44. Bond of administrator c. t. a., 383. 45. Bond of non-resident executor, 384. 46. Petition for probate of foreign will, 266. < 47. Certificate of filing foreign will, 592. 48. Petition for ancillary letters of administration on foreign will, 592. 49. Certificate of filing foreign letters of administration, 592. 50. Appeal from the register, 281. 51. Bond of caveator, 281. 52. Inventory and appraisement, 392. 53. Affidavit of non-resident executor as to debts and transfer of securities, 592. OFFICIAL FORMS OF ORPHANS' COURT OF ALLEGHENY COUNTY. 54. Petition for distribution of intestate's estate, 552. 55. Petition for distribution under a will, 552. MISCELLANEOUS FORMS. (The following forms are not official, but are merely drafted from petitions which from time to time have been presented to the orphans' courts of various counties under the Acts of Assembly herein set forth. To draft a form which would suit every case is, of course, impossible and an attempt has been made only to indicate in a general way the subject matter which should appear in each petition to show the juris- diction of the court, the status of the parties in interest and the reasons for the petition. It should be noted that in Philadelphia County under a recent ruling, it is required that the decree be placed at the beginning, rather than at the end of the petition. The forms herein for petitions under the Revised Price Act are modeled, to a large extent, on the forms given by Roland R. Foulke, Esq., in his Treatise on the Price Act. In such petitions in Philadelphia county by a recent ruling it is of importance that the affidavits by real estate experts should show that they have no interest in the subject-matter of the petition.) 56. Petition for citation to show cause why an inquest in partition should not be granted, 4. 57. Petition for citation to show cause why guardian ad litem should not be appointed, 116, 616. 58. Petition under the Revised Price Act by executor for leave to sell real estate at private sale where no authority to sell is given in the will, 183. 59. Petition under the Revised Price Act by ancillary executor and trustee for leave to sell real estate at private sale when the time fixed for sale in the will has nQt arrived, 183. FORMS 497 60. Petition under the Rivised Price Act by a church holding property in trust for leave to sell the same at private sale where no power of sale is given under the will, 183. 61. Petition under the Revised Price Act by Trustee for leave to sell real estate at private sale where the trustee has no power of sale under the will, 183. 62. Petition under the Revised Price Act by trustee for leave to join with others in the private sale of real estate where there is no power of sale in the will, 183. 63. Petition under the Revised Price Act by guardian for leave to sell real estate at private sale where the premises are in bad repair and the sale will increase the income for the minor, 183. 64. Petition under the Revised Price Act by guardian for leave to join with others in the private sale of real estate to avoid partition, 183. 65. Petition under the Revised Price Act by trustee for leave to sell an irredeemable ground rent at private sale, 183. 66. Petition under the Revised Price Act by trustee for leave to assign and extinguish an irredeemable ground rent on a three per cent, basis, 183. 67. Petition under the Revised Price Act by a guardian for the ap- pointment of a trustee to make private sale of real estate in which the minor has an interest, 185. 68. Petition under the Revised Price Act by trustees for leave to sell real estate at private sale and by a co-trustee to purchase at such sale, 202. 69. Election of widower to take under will, 245. 70. Election of widow to take against will, 245. 71. Petition to the register to revoke letters of administration upon the discovery of a will, 264. 72. Petition to register for citation on party in custody of will to present same for probate or on failure thereof to show cause why letters of administration should not be granted, 267. 73. Petition to the Orphans' Court sur appeal from Register to open the probate of a will and allow probate of an after-discovered codicil, 285. 74. Petition for the appointment of an administrator d. b. n. c. t. a. where the decedent has been dead more than 21 years, 356. 75. Petition by guardian for reduction of security on his bond, 389. 76. Petition for widow's exemption in cash, 403. 77. Petition by Trustee for leave to execute a lease of real estate for ten years, 497. 78. Petition by trustee for leave to join in the execution of lease of coal and mineral rights for a period exceeding five years, 497, 625. 79. Petition by trustee for leave to purchase real estate with uninvested principal, 529. 32 498 FORMS 80. Petition by trustee for leave to purchase real estate requiring an investment of an amount larger than that authorized by the will, 529. 81. Petition by creditor for citation on executor to file an account, 539. 82. Petition by an accountant for the appointment of an auditor in counties having no separate orphans' court, 550. 83. Petition to open an adjudication based upon an erroneous statement of fact, 551. 84. Petition for the review of an adjudication by a known creditor who was given no notice of audit, 551. 85. Petition for the distribution of an estate not exceeding three hundred dollars, 554. 86. Petition for the discharge of an executor, 563. 87. Petition for the discharge of ancillary executor, 563. 88. Petition for the discharge of administrator d. b. n. c. t. a., 563. 89. Petition for the discharge of the guardian of the estate of a minor, 563. 90. Petition for the discharge of surety on the bond of a trustee, 563. 91. Petition for the appointment of a substituted trustee on the resigna- tion of the trustee, 584. 92. Petition for the discharge of trustee and appointment of substituted trustee on the resignation of the former, 584. 93. Certificate and affidavit by foreign fiduciary entitled to an award in distribution, 595. 94. Petition for the appointment of a guardian for the estate of a minor under the age of 14 years, 599. 95. Petition for the appointment of a guardian for the estate of a minor over the age of 14 years, 599. 96. Petition by guardian for leave to pay mother of minor income and portion of principal for support, 607. 97. Petition by guardian for leave to pay income from trust to mother of minor for its education, maintenance and support, 607. 98. Petition by guardian of minor to make payment of principal in relief of deficiency of income, 607. 99. Petition by guardian of minor to make payment of a lump sum out of income to defray wedding expenses of minor, 607. 100. Petition by trustee to make payment to foreign guardian, 607. 101. Petition for appointment of guardian ad litem for minors under the age of 14 years for representation in sale of real estate, 616. 102. Petition for appointment of guardian ad litem for minor over the age of 14 years for representation at audit, 616. 103. Petition by guardian for leave to enter security to receive award from foreign jurisdiction. FORMS i, 2 499 i. PETITION FOR PROBATE AND LETTERS TES- TAMENTARY. (Sec. 358.) To , Hsq., Register of Wills and ex-officio Clerk of the Orphans' Court for the City and County of Philadelphia, in the Commonwealth of Pennsylvania. In the matter of the probate of the last will and testament of } deceased. The petition of respectfully showeth that the Execut named in the last will and testament of dated the day of A. D. 19 That said was a citizen of the United States and resident of Philadelphia County, State of Pennsylvania, and departed this life at number in the County of and State of on the day of A. D., 19, at o'clock M. The said testa was possessed of personal property to the value of $ and of real estate (less incumbrance) to the value of $ as near as can be ascertained, situated as follows : Therefore the said respectfully appl for probate of the said last will and testament and for letters testamentary thereon. Dated , A. D., 19 . Philadelphia County, ss: , named in the above application, being duly according to law, say that the matters and things set forth in the foregoing petition are true to the best of knowledge and belief. and subscribed before me, at' Philadelphia, A. D., 19 (Signature) 2. OATH OF EXECUTOR. 380, 381 City and County of Philadelphia, ss: do that as the of the foregoing last will and testament deceased, will well and truly ad- minister the goods and chattels, rights and credits of said deceased. according to law, and that will diligently and faithfully regard and well and truly comply with the provisions of the law 500 FORMS 2, 3, 4, 5 relating to collateral inheritances. That the said testat died on the day of A. D., 19 , at o'clock M. and subscribed before me,' the date above, and letters testa- mentary granted unto (Signature) 3. OATH OF SUBSCRIBING WITNESSES. 215 Then personally appeared the subscribing witnesses to the foregoing deceased, and on solemn did say that present and did see and hear deceased, the testa therein named seal, publish and declare the same as and for and testament and at the doing thereof was of sound disposing mind, memory and understanding to the best of knowledge and belief. and subscribed before^] me, the above date. f (Signatures) 4. OATH OF SUBSCRIBING WITNESSES WHERE WILL EXECUTED BY MARK. 216 City and County of Philadelphia, ss: Then personally appeared the subscribing witnesses to the foregoing deceased, and on solemn did say that present and did see and hear deceased, the testa therein named, make mark, seal, publish and declare the same as and for and testament and that at the doing thereof was of sound disposing mind, memory and understanding, to the best of knowledge and belief. The name of testat having been subscribed in presence, and by direction and authority. and subscribed before^ me, the above date. (Signatures) 5. OATH OF SUBSCRIBING WITNESSES TO WILL DISPOSING OF REAL ESTATE IN ANOTHER STATE REQUIRING SPECIAL PROOF. 215 City and County of Philadelphia, ss: Then personally appeared the subscribing witnesses to the foregoing deceased, and on solemn did say FORMS 5, 6, 7 501 that present and did see and hear deceased, the testa therein named seal, publish and declare the same as and for and testament and that at the doing thereof was of sound disposing mind, memory and understanding, to the best of knowledge and belief. And further, that the said testat so signed the same in presence, and at request the said deponents in presence and in the presence of each other subscribed their own proper signatures and handwriting as witnesses thereto, all being present at the same time at the execution of said will. and subscribed before ^ me, the above date. > J (Signatures) 6. SAME, LONGER FORM. 215 City and County of Philadelphia, ss: Then again personally appeared the subscribing wit- nesses to the foregoing deceased, and on solemn did say that present together with the other sub- scribing witness and did see and hear deceased, the testat therein named seal, publish and declare the same as and for h last will and testament and that at the doing thereof testat was of sound disposing mind, memory and understanding, to the best of knowledge and belief. And further, that the said testat so signed the same in presence and at the request of testat the said deponent in the presence of the other subscribing witnesses, and the other subscribing witness in the presence of the testat and in the presence of each other subscribed their own proper signatures and hand- writing as witnesses thereto, all being present at the same time at the execution of said will. and subscribed before ^ me, the above date. J (Signatures) 7. OATH TO SIGNATURE TO WILL WHERE NO WITNESSES. 215. City and County of Philadelphia, ss: Registers' Office, 192 Then personally appeared who being duly 502 FORMS 7, 8, 9 according to law, say that he well acquainted with the Test above named, in lifetime, and -familiar with signature, having frequently seen- write name as well as other matters; that carefully examined the foregoing signature and verily believe to be in own proper handwriting. and subscribed before me, the date above. Deputy Register 8. OATH TO SIGNATURE OF A WITNESS WHO IS DEAD OR CANNOT BE LOCATED. 215. City and County of Philadelphia, ss: Then personally appeared who being duly according to law, say that he well acquainted with one of the subscribing witnesses to the foregoing deceased familiar with signature having frequently seen write name as well as other matters; that carefully examined the foregoing signature and verily believe to be in own proper handwriting and subscribed ^ before me, the above date. > Deputy Register. J 9. DECREE OF PROBATE. STATE OF PENNSYLVANIA, City and County of Philadelphia Be it Remembered, That on the day of A. D. 192 , before me, , Register of Wills for the City and County aforesaid, after due proof and hearing had, according to the Laws of the said State, IT IS ORDERED AND DECREED, that the last Will and Testa- ment late of said City and County, deceased, be duly admitted to probate and filed of record in the office of the Register of Wills of the said City and County. IN TESTIMONY WHEREOF, I have hereunto set my hand, the day and year above written. Register FORMS 10, ii 503 10. PETITION FOR LETTERS OF ADMINISTRATION. 358. TO , ESQ., Register of Wills for the County of Philadelphia, in the Commonwealth of Pennsylvania. In the matter of the Administration of the Goods, Chattels, Rights and Credits of Deceased The Petition of respectfully showeth that was a Citizen of United States and a resident of Philadelphia County, State of Pennsylvania, and departed this life intestate at number in the County of and State of on the day of A. D. 19 a t o'clock M. That the said deceased left surviving the following named widow or husband, heirs and next of kin, to wit : (Relationship) (Residence) and no other next of kin. The said intestate was possessed of Goods, Chattels, Rights and Credits, to the value of $ and of real estate (less in- cumbrance) to the value of $ as near as can be ascer- tained, situated as follows: Therefore the said respectfully appl for Letters of Administration upon the Goods, Chattels, Rights and Credits, of which said died possessed. Dated A. D. 19 Philadelphia County, ss: named in the above application, being duly- according to law say that the matters and things set forth in the foregoing Petition are true to the best of knowledge and belief. and subscribed before me, at Philadelphia, A. D. 19 ^ Deputy Register ? J (Signatures) ii. BOND AND OATH OF ADMINISTRATOR. 381-3. Know all men by these Presents, That we are held and firmly bound unto the Commonwealth of Pennsylvania, in the sum of dollars, to be paid to the said 504 FORMS ii Commonwealth : To which payment well and truly to be made, we bind ourselves, jointly and severally, for and in the whole, our heirs, executors and administrators, and each and every of them, firmly by these presents. Sealed with our seals. Dated the day of in the year of our Lord One Thousand Nine Hundred and = (19..,.)- The Condition of this Obligation is, That if the above bounden Administrat of all and singular the Goods, Chattels and Credits of - deceased, do make, or cause to be made, a true and perfect inventory of all and sing- ular the Goods, Chattels and Credits of the said deceased, which have come or shall come to the hands, possession or knowledge of the said Administrat - , or into the hands and possession of any other person or persons, for - and the same so made, do exhibit or cause to be exhibited into the REGISTER'S OFFICE, in the County of Philadelphia, within thirty days from the date hereof, and the same Goods, Chattels and Credits, and all other the Goods, Chattels and Credits of the said deceased, at the time of - death, which at any time after shall come to the hands and possession of the said Administrat , or into the hands and possession of any other person or persons for - do well and truly administer according to law. And further do make or cause to be made, a just and true account of said Administration at the expiration of six months from the date hereof, or when thereunto required by the Orphans' Court. And all the rest and residue of the said Goods, Chattels and Credits which shall be found remaining upon said Administrat - account, the same being first examined and allowed by the Orphans' Court of the City and County of Philadelphia, shall deliver and pay unto such person or persons as the said Orphans' Court, by their decree or sentence pursuant to law, shall limit and appoint, and shall well and truly comply with the laws of this Commonwealth relating to Collateral Inheritances. And if it shall hereafter appear that any last Will and Testament was made by the said deceased, and the same shall be proved according to law, if the Said Adminis- , being thereunto required, do surrender the said Letters of Administration into the REGISTER'S OFFICE aforesaid, FORMS ii, 12 505 then this obligation to be void otherwise to remain in full force. Signed, sealed and delivered in the presence of (Signatures) REGISTER'S OFFICE, City and County of Philadelphia, ss: A. D. 19 . Then personally came the within named and on solemn did depose, declare and say, That believe that the within- mentioned decedent on the day of A. D. 19 , at o'clock M., died without a will. That will, as the Administrat aforesaid well and truly administer the Goods, Chattels and Personal Estate, agreeably to law. That will immediately publish for creditors once a week for six con- secutive weeks; and render into the Register's Office, within thirty days from this date, a just and true inventory and ap- praisement of the personal estate of said deceased, and additional inventories when necessary. Also, a just and true account, calcu- lation and reckoning of said administration at the expira- tion of six months from this date, or when thereunto legally required. That will well and truly comply with the provisions of the law relating to Collateral Inheritances. And also that And also that the whole of the Goods, Chattels, Rights and Credits of the personal estate died possessed of in the aggregate do not in value exceed the sum of Dollars to the best of knowledge and belief. and subscribed before me the day and year aforesaid, and letters of administration granted unto -Deputy Register (Signatures) 12. PETITION FOR LETTERS OF ADMINISTRATION C. T. A. 358-9. To , Esq., Register of Wills and ex-officio Clerk of the Orphans' Court for the City and County of Philadelphia, in the Commonwealth of Pennsylvania. In the matter of the Probate of the last Will and Testament of Deceased. 506 FORMS 12, 13 The Petition of respectfully showeth that the Execut named in the last Will and Testament of a Citizen of United States dated the day of A. D. i has That the petitioner the residuary, legatee and devisee named in the said Will. That said the testat- was a resident of the County of Philadelphia and State of Pennsyl- vania, and departed this life at number in the County of and State of on the day of A. D. 19 , at o'clock M. The said testa was possessed of personal property to the value of $ and of real estate (less incumbrancej to the value of $ as near as can be ascertained, situated as follows: Therefore the said respectfully appl for Probate of the said last Will and Testament and for Letters of Administration cum testamento annexo. Dated , A. D. 19 Philadelphia County, ss: named in the above application, being duly according to law, deposes and says that the matters and things set forth in the within Petition are true to the best of knowledge and belief. and subscribed before me, at ^ Philadelphia, A. D. 19 V -Deputy Register J (Signatures) 13. PETITION FOR LETTERS OF ADMINISTRATION D. B. N. C. T. A. 358, 360. To , Esq., Register cf Wills ond ex-officio Clerk of the Orphans' Court for the City and County of Philadelphia, in the Commonwealth of Pennsylvania. In the matter of granting Letters of Administration de bonis non cum testamento annexo on the Estate of Deceased. Citizen of United States. PETITION. The petition of respectfully showeth that the Execut of the last Will and Testament of deceased, whose Will was admitted to Pro- bate 1 , having departed this life, and that the tes- tat left Goods, Chattels, Rights and Credits, etc., unad- FORMS 13, 14 507 ministered by the said Execut to the value of $- and Real Estate as to which power of sale was given to the Executor to the value of $ Therefore, the said respectfully appl- for Letters of Administration de bonis non cum testamento annexo upon the Goods, Chattels, Rights and Credits, etc., of which the said - died possessed - Dated - A. D. 19 - Philadelphia County, ss: (Residuary Legatee) - named in the above application, being duly - according to law, deposes and says that the matter and things set forth in the within Petition are true to the best of - knowledge and belief. - and subscribed before me, aH Philadelphia - A. D. 192 > - Deputy Register (Signatures) 14. BOND AND OATH OF ADMINISTRATOR C. T. A. 382-3. Know all Men by these Presents, That we are held and firmly bound unto the Commonwealth of Pennsylvania, in the sum of dollars, to be paid to the said Com- monwealth: To which payment well and truly to be made, we bind ourselves, jointly and severally, for and in the whole, our heirs, executors and administrators, and each and every of them, firmly by these presents. Sealed with our seals. Dated the day of in the year of our Lord One Thousand Nine Hundred and - (19 The Condition of this Obligation is, That if the above bounden Administrat cum testamento annexo of all and singular the Goods, Chattels, and Credits of deceased, do immediately publish for Creditors, &c., and make, or cause to be made, a true and perfect inventory and inven- tories according to law, of all and singular the Goods, Chattels, and Credits of the said deceased, which shall have come, or shall come, to the hands, possession or knowledge of the said Ad- ministrat , as aforesaid, or unto the hands or possession of any other person or persons for and the same so made 508 FORMS 14 to exhibit, or cause to be exhibited, in the Register's Office, in the County of Philadelphia, within thirty days from the date hereof, and the same Goods, Chattels, and Credits, and all other the Goods, Chattels, and Credits of the said deceased at the time of death, which at any time after shall come to the hands or possession of said Administrat as aforesaid, or unto the hands or possession of any other person or persons for do well and truly administer according to law. And further do make or cause to be made, a just and true account of said Administration, at the expiration of six months of the date hereof, or when thereunto legally required. And all the rest and residue of the said Goods, Chattels, and Credits, together with the proceeds of any sales of real estate the said Administrat may make under the will of decedent, which shall be found re- maining upon said Administrat account (the same being first examined and allowed by the Orphans' Court of the City and County of Philadelphia), shall deliver and pay unto such person or persons respectively as the said Orphans' Court, by their decree and sentence pursuant to the true intent and mean- ing of the last Will and Testament of the said deceased, and the law now in force in this Commonwealth, shall limit and appoint, and shall well and truly comply with the laws of this Common- wealth relating to Collateral Inheritances. And if it shall here- after appear that any later Will and Testament was made by the said deceased, and the same shall be proved according to law, if the said Administrat as aforesaid, being thereunto required, do surrender the said Letters of Administration in the Register's Office aforesaid, then this obligation is to be void otherwise to be and remain in full force. Signed, sealed and delivered in the presence of (Signatures) REGISTER'S OFFICE, City and County, of Philadelphia, ss: A. D. 19 . Then personally came the within named and on solemn did depose, declare and say, That the within named decedent died on the day of A. D. 19 at o'clock and that will as Administrat aforesaid well and truly administer the said Estate, agreeably to the true intent and FORMS 14, IS, 16 509 meaning of the last Will and Testament of the said deceased in the law now in force in this Commonwealth. That will immediately publish for creditors once a week, for six successive weeks, and render unto the Register's Office, within thirty days of this date, a just and true inventory and appraisement of the personal estate of said deceased, and additional inventories when necessary. Also a just and true account, calculation and reckon- ing of said administration in six months from this date, or when thereunto legally required. That will well and truly comply with the provisions of law relating to Collateral Inheritance. And also that And also that the whole Estate died possessed of does not in value exceed the sum of Dollars to the best of knowledge and belief. and subscribed before "} the day and year aforesaid, and letters granted I unto I Deputy Register J (Signatures) 15. INVENTORY AND APPRAISEMENT. 392. City and County of Philadelphia, ss: Personally came before me, Register of Wills, in and for the said City and County who upon their solemn did say that at the request of the they "well and truly and without prejudice or partiality, value and appraise the Goods and Chattels, Rights and Credits," which were of deceased, "and in all respects perform their duties as appraisers to the best of their skill and judgment." and subscribed this day of 19 , before me Deputy Register (Signatures) Inventory and appraisement of the Goods and Chattels, Rights and Credits, which were of late of Philadelphia, taken and made in conformity with the above deposition. 16. ADVERTISEMENT OF LETTERS. 391. Estate of deceased. Letters on the above Estate having been granted to the undersigned, all persons indebted to the said 510 FORMS 16, 17, 18 Estate are requested to make payment, and those having claims to present the same, without delay, to Or to Attorney 17. CERTIFICATE OF APPOINTMENT OF TRUSTEE WITH SECURITY. 584. State of Pennsylvania, Philadelphia County, ss: I certify, That at an Orphans' Court for the County afore- said, held at Philadelphia, on the day of A. D. one thousand nine hundred and before the Honor- able , President, and his Associate Judges of said Court. Sur-petition. The Court appointed Trustee for under the last will and testament of on security being entered in the sum of Dollars, which has been duly entered. Witness my hand and seal of said Court, this day of A. D. 191 Clerk of Orphans' Court. Esq. Attorney for Petitioner. 18. CERTIFICATE OF APPOINTMENT OF GUARD- IAN WITHOUT SECURITY. 599. State of Pennsylvania, Philadelphia County, ss: I Certify, That at an Orphans' Court for the County afore- said, held at Philadelphia, on the day of A. D. one thousand nine hundred and before the Honor- able , President, and his Associate Judges of said Court. Sur-petition. The Court appointed Guardian of minor child of FORMS 18, 19, 20 511 Witness my hand and seal of said Court, this day of A. D. 191 Asst. Clerk of Orphans' Court. Esq. Attorney for Petitioner. 19. CERTIFICATE OF APPOINTMENT OF GUARD- IAN WITH SECURITY. State of Pennsylvania, Philadelphia County, ss: I Certify, That at an Orphans' Court for the County afore- said, held at Philadelphia, on the day of A. D. one thousand nine hundred and before the Honor- able President, and his Associate Judges of said Court. Sur-petition. The Court appointed Guardian of minor child of on security being entered in the sum of Dollars, which has been duly entered Witness my hand and seal of said Court, this day of A. D. 191 Asst. Clerk of Orphans' Court. Esq. Attorney for Petitioner. 20. GUARDIAN'S INVENTORY. 606. In the Orphans' Court of Philadelphia County. Estate of Minor. Inventory. Commonwealth of Pennsylvania, City and County of Philadel- phia, ss: being duly says, that the above is a full, true and complete Inventory of the assets which have come into hands as a Guardian of the Estate of the said minor and subscribed before me this day of A. D. 19 -Clerk O. C. 512 FORMS 21, 22 21. BOND OF GUARDIAN OF MINOR'S ESTATE. 605. Know all Men by these Presents, That we, Are Held and Firmly Bound unto the Commonwealth of Pennsyl- vania, in the sum of - Dollars, lawful money, to be paid said Commonwealth of Pennsylvania, their certain Attor- ney or Assigns; to which payment, well and truly to be made, we bind ourselves and each of us, our Heirs, Executors and Administrators jointly and severally, firmly by these presents. Sealed with our seals dated the day of in the year of our Lord one thousand nine hundred and Now, the Condition of this Obligation is such, That if the above-bounded Guardian of Minor Child of shall, at least once in every three years, and when- ever required by the Court, render a just and true account to the Orphans' Court of Philadelphia County, according to the direc- tions of the Act of Assembly, in such case made and provided, of the management of the property and estate of the said minor under care, and shall also deliver up the said prop- erty and estate, agreeably to the decree and order of said Court, or the directions of law, and shall in all respects faithfully per- form the duties of Guardian, then the above Obligation shall be void and of no effect, or else to remain in full force and virtue. Sealed and delivered in the presence of: (Signatures) (Seal) 22. BOND OF TRUSTEE APPOINTED. 388. Estate of Know all Men by these Presents, That We, Are Held and Firmly Bound unto the Commonwealth of Pennsylvania, in the sum of Dollars, lawful money, to be paid said Com- monwealth of Pennsylvania, their certain Attorney or Assigns; to which payment, well and truly to be made, we bind ourselves and each of us, our Heirs, Executors and Administrators jointly and severally, firmly by these presents. Sealed with our seals dated the day of in the year of our Lord one thousand nine hundred and Whereas, At an Orphans' Court for the County of Philadel- phia, held the day of , in the year of our Lord one thousand nine hundred and FORMS 22, 23 513 Now, the Condition of the above Obligation is such, That if the above-bounden shall faithfully execute said trust and truly account for the property and estate under care and deliver up the same agreeably to the provisions of the Act of Assembly in such case made and provided, and according to the uses and trusts contained in the will of said decedent, then the said Obligation to be void, or otherwise to be and remain in full force and virtue. Sealed and delivered in the presence of: (Signatures) (Seal) 23. BOND OF FIDUCIARY ON SALE OF REAL ES- TATE. 192. Estate of Know all Men by these Presents, That We, Are Held and Firmly Bound unto the Commonwealth of Pennsyl- vania in the sum of Dollars, lawful money of the United States of America, to be paid to the said Commonwealth ; to which payment, well and truly to be made, we bind ourselves, our Heirs, Executors, Administrators, and every of them, jointly and severally, firmly by these presents. Sealed with our seals, and dated the day of in the year of our Lord one thousand nine hundred and Whereas, At an Orphans' Court for the County of Philadel- phia, held on the day of A. D. 192 , the Court the above-bounded of the Real Estate in the proceedings particularly specified, upon security being entered in the above-mentioned sum: Now, the Condition of the above Obligation is such, That if the above-bounden as aforesaid shall faithfully execute the trust and properly appropriate the pro- ceeds of such according to the trust and decree of the Court, and according to law, then this obligation to be void, or else to be and remain in full force and virtue. Sealed and delivered in the presence of: (Signatures) -^ ^ (Seal) 33 514 FORMS 24, 25 24. BOND OF FIDUCIARY FOR MISCELLANEOUS TRANSACTIONS WHERE SECURITY IS RE- QUIRED. 388. Estate of Know all Men by these Presents, That We, Are Held and Firmly Bound unto the Commonwealth of Pennsyl vania, in the sum of Dollars, lawful money, to be paid said Commonwealth of Pennsylvania, their certain Attor- ney or Assigns; to which payment, well and truly to be made we bind ourselves and each of us, our Heirs, Executors and Administrators, jointly and severally, firmly by these presents. Sealed with our seals dated the day of in the year of our Lord one thousand nine hundred and Whereas, At an Orphans' Court for the County of Philadel- phia, held the day of in the year of our Lord one thousand nine hundred and Now, the Condition of the above Obligation is such, That if the above-bounden shall truly account for and faith- fully appropriate the proceeds of the same, agreeably to the provisions of the Act of Assembly in such case made and pro- vided, and according to the uses and trusts contained in the will of said decedent, then the said Obligation to be void, or other- wise to be and remain in full force and virtue. Sealed and delivered in the presence of: (Signatures) -(Seal) 25. BOND FOR COSTS ON APPEAL FROM ORPHANS' COURT. 163. In the matter of Estate of No. Term 191 Know all Men by these Presents, That We, are held and firmly bound unto the Commonwealth of Pennsylvania, in the sum of 1 Dollars, lawful money, to be paid said Commonwealth of Pennsylvania, its certain Attorney or As- signs ; to which payment, well and truly to be made, we bind ourselves and each of us, our Heirs, Executors and Adminis- trators - jointly and severally, firmly by these Presents. FORMS 25, 26, 27 515 Sealed with our seals, and dated the day of in the year of our Lord one thousand nine hundred and Whereas, ha appealed from the final decree of the Orphans' Court for the County of Philadelphia, made on the day of 191 Now, the Condition of the above Obligation is such, That, if the said shall prosecute appeal with effect, and pay all costs and damages awarded by the Appellate Court or legally chargeable against then the above Obligation to be void, or else to remain in full force and virtue. Sealed and delivered in the presence of: (Signatures) (Seal) 26. JUSTIFICATION BY INDIVIDUAL SURETIES. In the Orphans' Court of Philadelphia County. Estate of No. Term, 19 Security ordered in $ Asst. Clerk O. C. being duly deposes and says: I. That he resides at and is by occupation II. That he is the owner of < III. The deed of con- veyance of which to him is recorded in the office for recording deeds for said County in Deed Book IV. That the title thereto is in his own name V. That the incum- brances upon said premises are VI. That the assessed value of said premises is VII. That after payment of all debts, engagements and liabilities, deponent believes that is worth not less than $ and subscribed before me this day of A. D. 19 Asst. Clerk O. C. 19 The above security is approved. 27. CITATION. 116. Philadelphia County, ss: The Commonwealth of Pennsylvania To *- Greeting: We Command You, that, laying aside 516 FORMS 27, 28 all business and excuses whatsoever, you, be and appear in your proper person before the Honorable the Judges of our Orphans' Court, at a Court to be held on Friday, the day of A. D. 192 , at 10 o'clock in the forenoon to show cause why and further abide the order of the Court in the premises. And hereof fail not. Witness the Honorable , President Judge of our said Court, at Philadelphia, the day of A. D. 192 Assistant Clerk O. C. Esq. Attorney for Petitioner. 28. PETITION FOR DISTRIBUTION OF INTES- TATE'S ESTATE. 552. In the Orphans' Court of Philadelphia County, Estate of deceased. The petition of respectfully represents: (a) The decedent died , intestate and letters of administration on estate were granted Decedent was (State whether decedent was married or unmarried; if mar- ried, whether a husband or wife survive and his or her name, and whether the decedent left children or issue of deceased children. ) (&) The names of all persons having any interest as heirs or next of kin (with the names of their parents, to show relation- ship if necessary) are as follows : Names Relationship Interest Of age or not (write yes or no) Name of Guardian or Committee, if any, and how appointed All of said parties in interest are living. (State exceptions, if any, giving names and dates of death and the names of their executors or administrators, or the names of their issue as the same may be material.) (c) All parties having any interest have had notice of the filing of the account. FORMS 28, 29 517 (Insert "actual," if such is the fact.) (d) The estate is subject to the payment of direct (collateral) inheritance tax to the State of Pennsylvania. (// taxable, state whether tax has been paid.) (e) All creditors (and other persons who have complied with Rule II, sec. 7), of whose claims the accountant ha notice or knowledge, have received actual notice of this audit; the amounts of their claims and whether or not they are admitted to be correct are as follows : (// too many for the space, annex a list thereof, if no such claims, insert the word "none.") (If any creditor or other claimant has not received actual notice, that fact must be stated.) (/) (Here insert a reference to all questions requiring adjudica- tion, and a statement of any material facts not already given. If none, insert the word "none." If any share has been assigned that fact should also be stated here.) Wherefore your petitioner asks that distribution of principal and income be awarded to the persons thereunto entitled as set forth in paragraph (b) hereof. And your petitioner will, etc. County of Philadelphia, ss: The above named petitioner being duly doth depose and say that the facts set forth in the foregoing petition are true to the best of h knowledge and belief. to and subscribed before me this day of 192- 29. PETITION FOR DISTRIBUTION UNDER A WILL. 552. In the Orphans' Court of Philadelphia County. Estate of deceased. The petition of respectfully represents: (a) The decedent died , having made last will duly probated , on which the present letters were granted , and leaving to survive . (State whether a husband or wife survived and, if so, his or her name, and whether he or she has elected to take under or against the will according to section 23 of the Wills Act of 518 FORMS 29 and if such an election has been made, state whether it has been filed and furnish a copy; state also whether or not the decedent left issue and their names, when material.) (b) The names of all legatees and the amounts and character of their legacies (except such as have been revoked) and the names of the residuary legatees and the nature of their interests are as follows: Names - Relationship Interest Of age or not (write yes or no) Name of Guardian or Committee, if any, and how appointed All of said parties in interest are living. (State exceptions, if any, giving names and dates of death and the names of their executors or administrators, or the names of their issue as the same may be material.) (c) All parties having either vested or contingent interests have had notice of the filing of the account. (Insert "actual" if suck is the fact.) (d) The decedent did marry after the execution of the will and codicils (if any), and there were children born to decedent thereafter. (Insert "not" and "no" if such are the facts and names and dates of after born children, if any.) (e) The estate is subject to the payment of direct or collateral inheritance tax to the State of Pennsylvania. (// taxable, state whether tax has been paid.) (f) All creditors (and other persons who have complied with Rule II, sec. 7), of whose claims the accountant ha notice or knowledge, have received actual notice of this audit; the amounts of their claims and whether or not they are admitted to be correct are as follows: (// too many for the space, annex a list thereof; if no such claims, insert the word "none." If any creditor or other claimant has not received actual notice, that fact must be stated.) (9) (Here insert or attach as anl exhibit a copy of the parts of the will which require interpretation by the Court, if any; a refer- ence to any questions requiring adjudication, and a statement of FORMS 29, 30 519 any material facts not already given. If none, insert the word "none." If any share has been assigned, or attached, state the fact.) Wherefore your petitioner asks that distribution be awarded to the persons thereunto entitled and suggests that the distribu- tive shares of principal and income are as follows: (residuary shares being stated in proportions but not amounts.) (// the distribution of income is different from that of prin- cipal, state the fact.) And your petitioner will, etc. County of Philadelphia, ss: The above named petitioner being duly doth depose and say that the facts set forth in the foregoing petition are true to the best of h knowledge and belief. to and subscribed before me this day of , 192 30. PETITION FOR DISTRIBUTION OF A TRUST ESTATE. 552. In the Orphans' Court of Philadelphia County. Estate of deceased. Sur trust for The petition of respectfully represents: (a) The decedent died having made his last will probated The trust arises under the will as follows: (Set forth a copy of that part of the will under which the trust arises, and a reference to any prior adjudication of the Court thereon.) (b) The reason or purpose of the filing of the account is and the names of all persons having any interest, vested or contingent, in the trust, with the nature of their in- terests, are as follows: (// any are minors, state the fact and whether they have guard- ians, and how appointed.) All of said parties in interest have received actual notice of this audit. (State exceptions, if any.) (c) The fund now before the court is subject to the pay- ment of collateral inheritance tax to the State of Pennsylvania. 520 FORMS 30, 31 (// taxable, state whether tax has been paid.) (d) (Here insert a reference to all questions requiring adjudica- tion, and a statement of any material facts not already given. If none, insert the word "none." If any share has been assigned that fact should also be stated here.) Wherefore your petitioner asks that distribution be awarded in the way and manner directed by the will and suggests that the balances of principal and income should be awarded re- spectively as follows: (awards being stated in proportions but not amounts.) And your petitioner will, etc. County of Philadelphia, ss: The above named petitioner being duly doth depose and say that the facts set forth in the foregoing petition are true to the best of h knowledge and belief. to and subscribed before me this day of -, 192- 31. AFFIDAVIT OF DEATH TESTATE. Deceased. State of Pennsylvania, Allegheny County, ss: Personally came before me, Register of Wills, etc., in and for said County and upon solemn oath did say, that late of died on the day of A. D. 19 at M., to the best of knowledge and belief, testate. Sworn and subscribed before me this day of A. D. 19 Register. (Signatures) State of Pennsylvania, Allegheny County, ss: I, , Register of Wills, etc., in and for the County aforesaid, do hereby certify the above to be a true copy of the affidavit of death in the Estate of deceased, as the same is of record in Record of Deaths, Vol. page Witness my hand and seal of said office, this day of A. D. 19 Register. FORMS 32, 33, 34 521 32. CITATION TO PRODUCE WILL. 267. Commonwealth of Pennsylvania, Allegheny County, ss: To , at the instance of by h Attorney, You are hereby cited to be and appear before me, Register for the Probate of Wills, granting Letters of Ad- ministration, etc., in and for said County, on or before , the day of , 191 , at my office, at Pitts- burgh, then and there to produce for probate the paper writing alleged to be the last Will and Testament of , deceased. and alleged to be in your possession or control. Given under my hand and seal of office, at Pittsburgh, this day of A. D. 191 Register. 33. SUBPOENA TO WITNESS. 268. Allegheny County, ss: The Commonwealth of Pennsylvania, to Estate of Deceased. In re (Signatures) Greeting : We Command You, That, laying aside all business and ex- cuses whatsoever, you, and each of you, be and appear in your proper person before our Register of Wills at Pittsburgh, at our Register of Wills' Office, in and for the County aforesaid to testify all and singular these things which you shall know in the above entitled Estate now depending in our said Register's Office, then and there to be tried, and herein fail not, under the penalty of One Hundred Pounds. Witness, My hand and seal of office at Pittsburgh, this day of A. D. 19 Register of Wills. 34. COMMISSION AND DEPOSITION OF WIT- NESSES TO WILL. 269. State of Pennsylvania, Allegheny County, ss: To - Esq., of Greeting: You are hereby authorized and empowered to cause to appear before you the subscribing witnesses 522 FORMS 34 to the instrument of writing hereto attached, purporting to be the last will and testament of deceased, and on oath or affirmation to propound to the following in- terrogatories : First. Are you a subscribing witness to this paper (exhibit- ing it), purporting to be the last will and testament of deceased ? Second. Did you see the testat sign name at the end thereof ? Third. Did you hear declare it to be last will and testament? Fourth. Do you believe at the time of so doing was of sound mind and memory? Fifth. Was it at request and in presence that you subscribed your name as a witness thereto? And having so done, you are to reduce the answers of the said witness to writing and certify the same under your hand and seal, and forward the same to the Register's office at Pittsburgh, Pennsylvania. Given under my hand and seal of said office, at Pittsburgh, this - day of A. D. 191 Register. To Esq., Register of Allegheny County, Pennsyl- vania : Pursuant to the authority vested in me by your commission, to me directed, for the taking of testimony in the matter of the probate of a certain instrument of writing, purporting to be the last will and testament of , deceased, I, , do hereby certify that I caused the witness in said commis- sion named, to appear before me at , on 191 , and having exhibited to the said instrument of writing, did propound to the interrogatories annexed to said commission, to which the said witness having been first duly sworn, made answer as follows: answers to the first interrogatory : to the second interrogatory: ; to the third interrogatory: ; to the fourth interrogatory: ; to the fifth interrogatory ; (Witness sign here) ; answers to the first interrogatory: ; to the second interrogatory: ; to the third interrogatory: ; to the fourth FORMS 34, 35 523 interrogatory: ; to the fifth interrogatory: ; (Witness sign here.) And I do further certify that the foregoing answers of the said witness to the said interrogatories were by me reduced to writing in presence and were by said witness signed before me the day and year aforesaid. Witness my hand and seal this day of A. D. 191 Co mmissio n er. Now, A. D. 191 , the testimony of the above named witnesses being sufficient, I do hereby admit the fore- going Will to Probate, and order the same to be recorded as such. Given under my hand the above date. Register. 35. PETITION FOR PROBATE AND LETTERS TES- TAMENTARY. 358. Application for Probate of Will of late of deceased, and Grant of Letters Testamentary. Register's Office, Allegheny County, jj; Before the Register of Allegheny County personally appeared who, being sworn, say that over twenty- one years of age and that the executor appointed in the last will and testament of deceased dated That said testator, being at the time a resident of Alle- gheny County, and a citizen of died at on A. D. at M., possessed of personal estate to the value of $ and of real estate (less en- cumbrances) to the value of $ as nearly as can be ascertained, situate in Act No. 25, of 1921, approved March 24, 1921, amends Clause (d) of Section 2, of the Act of June 7, 1917, P. L. 447 (the Fiduciaries Act), by adding thereto the following: "In the case of applications for letters testamentary, such applica- tions shall set forth whether the testator has married and whether any children have been born to such testator since the execution of the will offered for probate." 524 FORMS 35, 36 That said testa has married and children have been born to said testa since the execution of the will offered for probate. That deponent (whose P. O. address is ) resident of Pennsylvania, and respectfully petition the Register to admit said will to probate, and to grant letters testamentary thereon to Sworn and subscribed before me"] A. D., 192 I -Register. 1 (Signatures) Allegheny County, ss: I, do swear that, as I verily believe, the above named died on the day of A. D. at M. ; and do further swear that as the executor of the last will and testament of said decedent will well and truly administer the goods and chattels, rights and credits of said decedent according to law, and also will diligently and faithfully regard and well and truly comply with the provisions of the law relating to inheritance tax. Sworn and subscribed before me this^ day of , A. D. 192 , and letters testamentary granted unto (Signatures) Register. 36. OATH OF SUBSCRIBING WITNESSES TO WILL. 215. State of Pennsylvania, Allegheny County, ss: Be it known, That on the day of A. D. 19 before me, , Register of Wills, etc., in and for the County aforesaid, came the subscribing witnesses to the foregoing instrument of writing, purporting to be the last will and testament of deceased, and on their solemn oath did depose and say that they were present and did see and hear the testa therein named, sign seal, publish and declare the same as and for last Will and Testament, and at the time of so doing was of sound mind and memory, to the best of FORMS 36, 37, 38 525 knowledge and belief, and at request and in presence subscribed names as witnesses hereunto Sworn and subscribed before me the above date. -Register. \ (Signatures) Now, A. D. 19 , the testimony of the above named witnesses being sufficient, I do hereby admit the fore- going will to probate, and order the same to be recorded as such Given under my hand the above date. Register. 37. OATH TO DECEDENT'S SIGNATURE WHERE NO WITNESSES. 215. State of Pennsylvania, Allegheny County, ss: Be it Known, That on the day of A. D. 19 before me, , Register of Wills, etc., in and for the County aforesaid, came and on solemn oath did depose and say that he w well acquainted with the foregoing instrument of writing purporting to be the last Will and Testament of and fami- liar with handwriting and signature, and that the sig- nature of to the said writing is in own proper handwriting, as verily believe. Sworn and subscribed before me^ the above date. > Register. J Now, A. D. 19 , the testimony of the above named witnesses being sufficient, I do hereby admit the fore- going Will to Probate, and order the same to be recorded as such. Given under my hand the above date. Register. 38. CITATION TO SHOW CAUSE WHY LETTERS SHOULD NOT ISSUE. Allegheny County, ss: Commonwealth of Pennsylvania. To at the instance of by his Attorney You ,are hereby cited to be and appear before me, , 526 FORMS 38, 39, 40 Register of the Probate of Wills, granting Letters of Administra- tion, &c., in and for said County, on or before the day of 19 , at my office, at Pittsburgh, then and there to take out Letters of Administration on the estate of said deceased, or show cause, if any, why said letters should not jssue to said or some other fit person. Given under my hand and seal of office, at Pittsburgh, this day of A. D. 19 Register. 39. RENUNCIATION OF RIGHT TO ADMINISTER. 357- Estate of Deceased. The undersigned and heirs of late of deceased, hereby renounce right to administer on said estate and respectfully ask that Letters be issued to Signed in presence of: ( Signatures ) 40. PETITION FOR LETTERS OF ADMINISTRA- TION. 358. Application for Letters of Administration on the Estate of late of deceased. Register's Office, Allegheny County, ss: Before the Register of Allegheny County, personally appeared who, being sworn, says that being at the time a resident of Allegheny County, and a citizen of died intestate, at on A. D. at M., possessed of personal estate to the value of $ and of real estate (less encumbrances) to the value of $ as nearly as can be ascertained, situate in That decedent's heirs and next of kin are as follows: Relationship Residence That deponent, whose P. O. address is is a citizen of the United States and a resident of Pennsylvania, and re- spectfully applies for Letters of Administration upon the Estate of said decedent. Sworn and subscribed before me ~\ A. D. 19 y Register.) (Signatures) FORMS 40, 41 527 Register's Office, Allegheny County, ss: 192 , before me, the Register, personally appeared about to become a surety in the sum of $ on the administration bond in the above entitled estate, who, being sworn, says that he resides at , Allegheny County, and is by occupation a ; that he is the owner of real estate, the title to which is in his own name and duly recorded, situate in Allegheny County, worth, above, encumbrances, $ and upward ; and that he is worth thd amount expressed in said bond over and above his just debts and liabilities. And on the same day there also personally appeared likewise about to become a surety on said administration bond, who, being sworn, says that he resides at Allegheny County, and is by occupation a ; that he is the owner of real estate, the title to which is in his own name and duly recorded, situate in Allegheny County, worth above incumbrances, $ and upward, and that he is worth the amount expressed in said bond, over and above his just debts and liabilities. Sworn and subscribed before me*\ the day and year aforesaid. > -Register. (Signatures) 41. BOND AND OATH OF ADMINISTRATOR. 381-3. Estate! of late of deceased. Know all Men by these Presents, That we all of Allegheny County, Pennsylvania, are held and firmly bound unto the Commonwealth of Pennsylvania in the sum of dollars, to be paid to the said Commonwealth, to which payment, well and truly to be made, we do bind ourselves, jointly and severally, for and in the whole, our heirs, executors and administrators and each and every of them, firmly by these presents. Sealed with our seals and dated the day of A. D. one thousand nine hundred and The Condition of this Obligation is, That if the above bounden administrator of all and singular the goods, chattels and credits of deceased, do make or cause to be made a true and perfect inventory of all and singular the goods, chattels 528 FORMS 41 and credits of said deceased which have come or shall come to the hands, possession or knowledge of the said administrator or into the hands and possession of any other person or persons for said administrator and the same, so made, do exhibit, or cause to be exhibited, into the Register's Office, in the County of Alle- gheny, within thirty days from the date hereof: and the same goods, chattels and credits, and all other the goods, chattels and credits of the said deceased at the time of decedent's death, which at any time after shall come to the hands or possession of the said administrator or into the hands and possession of any other person or persons for said administrator do well and truly ad- minister according to law ; and further, do make or cause to be made a just and true account of said administration in one year from the date hereof, or when thereunto legally required, and all the rest and residue of the said goods, chattels and credits which shall be found remaining upon the said administrator's account, the same being first examined and allowed by the Orphans' Court of Allegheny County, shall deliver and pay unto such person or persons as the said Orphans' Court, by their decree or sentence pursuant to law, shall limit and appoint, and shall well and truly comply with the laws of this Commonwealth relating to collateral inheritance ; and if it shall hereafter appear that any last Will and Testament was made by the said deceased, and the same shall be proved according to law, if the said administrator being there- unto required to surrender the said letters of administration into the Register's Office aforesaid, then this obligation to be void, otherwise to remain in full force. Sealed and delivered in the presence of . (Signatures) (Seal) Allegheny County, ss: I, being duly sworn, do say that the above named decedent, died intestate on the day of A. D. 19 at M., as I verily believe. And I do fur- ther swear that, as the administrator of the estate of said dece- dent, I, will well and truly administer the goods and chattels, rights and credits of said deceased, according to law, and FORMS 41, 42 529 also will diligently and faithfully regard and well and truly com- ply with the provisions of the law relating to collateral inher- itances. Sworn and subscribed before me this day of 19 and letters of administration granted unto . R egister. 42. PETITION FOR LETTERS OF ADMINISTRATION C. T. A. 358-9. In Re- Probate of the Will of late of deceased, and Grant Letters of Administration, cum testamento annexo. Register's Office, Allegheny County, ss: Before the Register of Allegheny County, personally appeared who, being duly sworn, says that being at the time; a resident of , Allegheny County, and a citizen of , died at , on , A. D. , at M., having first made last will and testament, dated , wherein he appointed executor, which ex- ecutor has since . That testator was possessed of personal estate to the value of $ , and of real estate (less encumbrances) to the value of $ , as nearly as can be ascertained, situate in That testator's heirs and next of kin are as follows : Relationship Residence That said testa has married and children have been born to said testa since the execution of the Will offered for probate. That deponent, whose P. O. address is is a resident of Pennsylvania, and respectfully petitions the Register to admit said will to probate, and to grant letters of administration cum testamento annexo on said estate to Sworn and subscribed before me ] A. D. 192 > -Register. Allegheny County, ss: I, do swear that, as I verily believe, the above named died on the day of A. D. at 34 530 FORMS 42, 43 M. ; and I do further swear that as the Administrator cum testamento annexe of the estate of the said decedent will well and truly administer the goods and chattels, rights and credits of said deceased according to law, and also will diligently and faithfully regard and well and truly comply with the provi- sions of the law relating to inheritance tax. Sworn and subscribed before me this day of A. D. 192 and letters of Administration cum testa- mento annexo granted unto (Signature.) -Register. 43. OATH OF ADMINISTRATOR C. T. A. 382. Allegheny County, ss: I, do swear that, as I verily believe, the above named died on the day of A. D. at M. ; and I do further swear that, as the administrator cum testamento annexo of the estate of the said decedent will well and truly administer the goods and chattels, rights and credits of said deceased, according to law, and also will diligently and faithfully regard and well and truly comply with the provi- sions of the law relating to collateral inheritances. Sworn and subscribed before me this day of A. D. 19 , and letters of administration cum testamento annexo granted unto -Register. (Signature.) State of Pennsylvania, Allegheny County, ss: I, William Conner, Register of Wills in and for said County, do hereby certify the foregoing to be a true and correct copy of the Affidavit of Death and of the Oath of office of the Adminis trator c. t. a. in the estate of deceased, so full and entire as the same remain of record in my office; and that Letters of Administration c. t. a. on said estate were granted unto on the day of A. D. Given under my hand and seal of office, at Pittsburgh, this day of A. D. 19 Register. FORMS 44 531 44. BOND OF ADMINISTRATOR C. T. A. 383. Know all Men by These Presents, That we all of Allegheny County, Pennsylvania, are held and firmly bound unto the Commonwealth of Pennsylvania, in the sum of Dollars, to be paid to the said Commonwealth, to which payment, well and truly to be made, we do bind ourselves, jointly and sev- erally for and in the whole, our heirs, executors and adminis- trators, and each and every of them, firmly by these presents. Sealed with outi seals and dated the day of A. D. nineteen hundred and The Condition of this Obligation is, That if the above bounden administrator cum testamento annexe of all and singular the goods, chattels and credits of deceased, do make, or caused to be made, a true and perfect inventory of all and singular the goods, chattels and credits of said deceased, which have come or shall come to the hands, possession or knowl- edgt of the said administrator or into the hands and possession of any other person or persons for said administrator , and the same so made do exhibit, or cause to be exhibited, into the Reg- ister's Office, in the County of Allegheny, within thirty days from the date hereof ; and the same goods, chattels and credits, and all other goods, chattels and credits of the said deceased at the time of death, which at any time after shall come to the hands or pos- session of the Administrator or in the hands and posses- sion of any other person or persons for said administrator, do well and truly administer according to law ; and further, do make, or cause to be made, a just and true account of said administra- tion, in six months from the date hereof, or when thereunto legally required, and all the rest and residue of the said goods, chattels and credits, together with the proceeds of any sales of real estate the said administrator may make under the will of decedent, which shall be found remaining upon the said admin- istrator's account, the same being first examined and allowed by the Orphans' Court of Allegheny County, shall deliver and pay unto such person or persons as the said Orphans* Court, by their decree or sentence, pursuant to law, shall limit and appoint, and shall well and truly comply with the laws of this Commonwealth relating to inheritance tax; and if it shall hereafter appear that any Will and Testament was made by the said deceased, and the same shall be approved according to law, if the said adminis- 532 FORMS 44, 45 trator , being thereto required, do surrender the said letters of administration into the Register's Office aforesaid, then this obli- gation to be void, otherwise to remain in full force. Sealed and delivered in the presence of : (Signatures.) Register's Office, Allegheny County, ss: -19 , before the Register personally appeared about to become a surety in the sum of , on the admin- istration bond in the above-entitled estate, who, being sworn, says that he resides at , Allegheny County, and is by occupation a ; that he is the owner of real estate, the title to which is in his own name and duly recorded, situate in County. worth, above incumbrances, $ and upward, and that he is worth the amount expressed in said bond over and above his just debts and liabilities. And on the same day there also personally appeared , likewise about to become a surety on said administration bond, who, being sworn, says that he resides at , Allegheny County, and is by occupation a ; that he is the owner of real estate, the title to which is in his own name and duly recorded, situate in , Allegheny County, worth, above incumbrances, $ and upward, and that he is worth the amount expressed in said bond over and above his just debts and liabilities. Sworn and subscribed before me the day and year aforesaid. -Register. J (Signatures.) 45. BOND OF NON-RESIDENT EXECUTOR. 384. Know all Men by these Presents, That we all of Allegheny County, Pennsylvania, are held and firmly bound unto the Commonwealth of Pennsylvania, in the sum of Dollars, to be paid to the said Commowealth, to which payment well and truly to be made, we do bind ourselves, jointly and sev- erally, for and in the whole, our heirs, executors and adminis- trators, and each and every of them, firmly by these presents. Sealed with our seals, and dated the day of A. D. nineteen hundred and FORMS 45 533 The Condition of the Obligation is, That if the said executor of the last will and testament of deceased, shall make a true and perfect inventory of all and singular the goods, chattels and credits of the said deceased, being within this Commonwealth, which have come or shall come to his hands, pos- session or knowledge, or into the hands and possession of any person for him, and the same so made to exhibit into the office of the Register of the County of Allegheny within thirty days from the date hereof, and the same goods do well and truly administer according to law, and make a just and true account of all his actings and doings therein, in six months from the date hereof, or when thereunto lawfully required, and shall well and truly comply with the laws of this Common- wealth relating to Collateral Inheritances and in all other respects with the laws of this Commonwealth relating to his duty as Executor, then this obligation to be void, otherwise of force and effect. Sealed and delivered in the presence of : (Seal) (Signatures.) Register's Office, Allegheny County, ss: 19 , before the Register personally appeared about to become a surety in the sum of , on the admin- istration bond in the above-entitled estate, who, being sworn, says that he resides at , Allegheny County, and is by occupation a ; that he is the owner of real estate, the title to which is in his own name and duly recorded, situate in County, worth, above incumbrances, $ and upward, and that he is worth the amount expressed in said bond over and above his just debts and liabilities. And on the same day there also personally appeared , likewise about to become a surety on said administration bond, who, being sworn, says that he resides at , Allegheny County, and is by occupation a ; that he is the owner of real estate, the title to which is in his own name and duly recorded, situate in , Allegheny County, worth, above incumbrances, 534 FORMS 45, 46, 47 $ and upward, and that he is worth the amount expressed in said bond over and above his just debts and liabilities. Sworn and subscribed before me the day and year aforesaid. -Register. (Signatures.) 46. PETITON FOR PROBATE OF FOREIGN WILL. 266. In Re Probate of the Authenticated Copy of the Will of late of deceased.. Register's Office, Allegheny County, ss: Before the Register of Allegheny County, personally appeared who, being duly sworn, says that being at the time a resident of County and citizen of died at on A. D. at M., having first made last will and testament, dated That testator was possessed of personal estate to the value of $ , and of real estate (less encumbrances) to the value of $ as nearly as can be ascertained, situate in That testator's heirs and next of kin are as follows : Relationship Residence That deponent, whose P. O. address is is a resident of Pennsylvania, and respectfully petitions the Register to admit said will to probate. Sworn and subscribed before me A. D., 19 -Register. \ (Signature.) 47. CERTIFICATE OF FILING FOREIGN WILL. 592. State of Pennsylvania, Allegheny County, ss: I, , Register of Wills, etc., in and for said County do hereby certify that pursuant to the provisions and re- quirements of an Act of Assembly, entitled, "An Act relating to Foreign Executors, Administrators, Guardians and Representa- tives of Decedents and Wards," approved April 8th, 1872 (P. L. 44), amended June 13, 1911, A. D. (P. L. 892); amended FORMS 47, 48 535 June 7, 1917 (P. L. 525) Executors of the last will and testament of deceased filed in this office a duly authen- ticated copy of the last will and testament of the said late of deceased, together with affidavit of Executor required by Act of June 7, 1917, Witness my hand and seal of said office, at Pittsburgh, Pa., this day of A. D. 19 Register. 48. PETITION FOR ANCILLARY LETTERS OF AD- MINISTRATION ON FOREIGN WILL. 592. In Re Probate of the Authenticated Copy of the Will of late of deceased and Grant of Letters of Administration, cum testamento annexe. Register's Office, Allegheny County, ss: Before the Register of Allegheny County personally appeared who, being duly sworn, says that being at the time a resident of County and citizen of died at on A. D. at M., having first made last will and testament, dated wherein he appointed executor, which executor has since That testator was possessed of personal estate to the value of $ and of real estate (less encumbrances) to the value of $ , as nearly as can be ascertained, situate in That testator's heirs and next of kin are as follows : Relationship Residence That deponent, whose P. O. address is is a resident of Pennsylvania, and respectfully petitions the Register to admit said authenticated will to probate, and to grant ancillary letters of administration cum testamento annexo on said estate to Sworn and subscribed before me "^ A. D. 19 > -Register.] (Signature.) Allegheny County, w: I, do swear that, as I verily believe, the above named died on the day of A. D. at M., and I do further swear that, as the administrator cum testamento annexo, of the estate of the said decedent will well and truly administer the goods and chattels, rights and 536 FORMS 48, 49, So credits of said deceased, according to law, and also will diligently and faithfully regard and well and truly comply with the provi- sions of the law relating to inheritance tax. Sworn and subscribed before me this day of A. D. 19 and ancillary letters of administration cum testamento annexe granted unto (Signature.) -Register. 49. CERTIFICATE OF FILING FOREIGN LETTERS OF ADMINISTRATION. 592. State of Pennsylvania, Allegheny County, ss: I, , Register of Wills, etc., in and for said County do hereby certify that pursuant to the provisions and re- quirements of an Act of Assembly, entitled, "An Act relating to Foreign Executors, Administrators, Guardians and Representa- tives of Decedents and Wards," approved April 8th, 1872 (P. L. 44), amended June 13, 1911, A. D. (P. L. 892) ; amended June 7, 1917 (P. L. 525) Administrat of the estate of deceased, filed in this office a duly authenticated copy of letters of administration issued on the estate of said late of deceased, together with affidavit of Adminis- trator required by Act of June 7, 1917 Witness my hand and seal of said office, at Pittsburgh, Pa., this day of A. D. 19 Register. 50. APPEAL FROM THE REGISTER. 281. State of Pennsylvania, Allegheny County, ss: To the Register of Wills of Allegheny County. Estate of deceased. The undersigned hereby appeals to the Orphans' Court of said County from the decision of the Register of Wills in the above estate, admitting to probate a certain paper writing, dated the day of 19 as the last will and testament of said decedent, and granting letters testamentary thereon. (Signature.) FORMS 50, 51 537 being duly sworn, doth depose and say that the above mentioned appeal is not intended for delay. Sworn to and, subscribed before me the day of A. D. 19 R egister. And now, security in the above appeal is fixed in the sum of $ Register. And now, 19 Bond of Appellant , with sureties in the sum of Dollars, filed and approved. Register. 51. BOND OF CAVEATOR. 281. Know All Men by these Presents, That we, all of Allegheny County, Pennsylvania, are held and firmly bound unto the Commonwealth of Pennsylvania, in the sum of Dollars, to be paid to the said Commonwealth, to which payment well and truly to be made, we do bind ourselves jointly and sev- erally, for and in the whole, our heirs, executors and adminis- trators, and each and every of them, firmly by these presents. Sealed with our seals, and dated the day of A. D. nineteen hundred and Whereas, the said on the day of A. D. 191 filed in the office of the Register of Wills of Alle- gheny County, Pennsylvania, a Caveat against the admission to probate of any paper writing alleged to be the last Will and Test- ament of deceased, or the granting of Letters on the estate of deceased, Now the Condition of this Obligation is, That if the said Caveator shall pay any and all costs which may be occasioned by reason of such caveat, and which may be decreed by such Register of Wills, or by the Orphans' Court of Allegheny County, to be paid by such Caveator, then this obligation to be void, otherwise to remain in full force and virtue. Sealed and delivered in the presence of : (Seal) ( Signatures. ) Register's Office, Allegheny County, ss: 191 , before the Register personally appeared about to become a surety in the sum of on the Caveator's 538 FORMS 51, 52 bond in the above-entitled estate, who, being sworn, says that he resides at Allegheny County, and is by occupation a that he is the owner 1 of real estate, the title to which is in his own name and duly recorded, situate in Allegheny County, worth, above incumbrances, $ and upwar.d, and that he is worth the amount expressed in said bond over and above his just debts and liabilities. And on the same day there also personally appeared likewise about to become a surety on said Caveator's bond, who, being sworn, says that he resides at Allegheny County, and is by occupation a ; that he is the owner of real estate, the title to which is in his own name and duly recorded, situate in Allegheny County, worth, above incumbrances, $ and upward, and that he is worth the amount expressed in said bond over and above his just debts and liabilities. Sworn and subscribed before me the day and year aforesaid. -Register. I (Signatures.) 52. INVENTORY AND APPRAISEMENT. 392. State of Pennsylvania, County of Allegheny, ss: Personally came before me in and for said County, the following named persons, viz : who, being duly sworn, do depose and say that they, at the request of will well and truly and without prejudice or partiality, value and appraise the goods and chattels, rights and credits, which were of deceased and in all respects perform their duties as appraisers to the best of their skill and judgment. Sworn and subscribed before me this day of 19 (Signatures.) Inventory and Appraisement of the goods and chattels, rights and credits, which were of late of taken and made in conformity with the above deposition. (Note. Appraisers should sign inventory at the end thereof.) Dollars Cents. FORMS 53, 54 539 53. AFFIDAVIT OF NON-RESIDENT EXECUTOR AS TO DEBTS AND TRANSFER OF SECURI- TIES. 592. In Re Estate of Deceased. State of County of ss: Before me, the undersigned authority, a Notary Public, in and for the County and State aforesaid, personally appeared who, being sworn according to law, deposes and says that he is the executor of the estate of Deceased, late of that the said decedent is not indebted to any; person in the Com- monwealth of Pennsylvania, and the proposed transfer, assign- ment, receipt or entry of satisfaction is not made for the purpose of removing any of the assets of said decedent beyond the reach of any of the creditors in the Commonwealth of Pennsylvania. -(Seal) (Signature.) Sworn to and subscribed before me, the day of A. D. 191 Notary Public. 54. PETITION FOR DISTRIBUTION OF INTES- TATE'S ESTATE. 552. In the Orphans' Court of Allegheny County, State of Pennsyl- vania : Estate of Deceased. The Statement of respectfully represents : (a) The decedent died 192 intestate, and at that time was domiciled in and resided in and letters of administration on estate (a copy being hereto at-* tached marked Exhibit "A") were granted 192 and on the day of 192 bond in the sum of $ was approved. Letters were advertised in the and Pittsburgh Legal Journal, the last publication having been made on the day of and the day of 192 re- spectively, and proofs of publication marked Exhibit "B" are attached. An inventory, a copy of which is hereto attached and marked Exhibit "C" was filed on the day of 192 (// any additional assets have been received since filing the account state the amount and nature thereof, also interest on balances to date of first day of audit.) 540 FORMS 54 (b) Exemption claimed by widow or children. (c) All creditors of whose claims the accountant ha notice or knowledge before filing the account, have received actual notice of the filing of the account ; the amounts of these claims, together with those received since filing the account, and whether they are admitted to be correct are as follows : Name Amount (Give preferred claims first and mark P. If claims too many for the space, annex a list thereof marked Exhibit "D ;" if no such claims, insert the word "none." If any creditor or other claimant has not received actual notice, that must be stated. If proceeds of sale of land for payment of debts, attach List of Liens, marked Exhibit "H.") (d) The estate is subject to the payment of direct collateral inheritance tax to the State of Pennsylvania, and is subject to the payment of a Federal Inheritance Tax. (// taxable, state whether tax has been paid.) (e) Decedent was (State whether decedent was married; if married, whether a husband on wife survived, and his or her name, and whether the marriage relationship was maintained, and whether the decedent left children or issue of deceased children and whether there has been any marriage settlement.) (f) The names of all persons having any interest as heirs, or next of kin, including adopted children (with the names of their parents to show relationship if necessary), are as follows: Names Next of kin or heirs Of age or not (write yes or no) Name of guardian, trustee or com- mittee, if any, and give reference to number and term of appoint- ment Amount of bond $ (g) All of said parties in interest are living. (State exceptions, if any, giving names and dates of death, and the names of their executors or administrators, or the names of their issue, as the same may be material, and names of parties, if any, in the military service who would be adversely affected by a decree of distribution.) (h) All parties, other than creditors, including the represen- tatives of persons who are not sui juris, having any interest have had notice of the filing of the account. FORMS 54, 55 541 (Insert "actual," if such is the fact.) (State appraised value of land set apart under Sec. 2-a of the Intestate Act of 1917, amended by Act of 1917, P. L. 755, if any.) (Insert a reference to all questions requiring adjudication, and a statement of any material facts not already given. If none, insert the word "none." State if any advancement or settlement {see Sec. 22, Intestate Act), was made by decedent, or distribu- tion by accountant, or if any share has been assigned or attached.) (k) Kind of property to be distributed and elections to take in kind, if any. (State the ikind of property of which the balance consists; if not cash, state whether there has been an election to take in kind, and if so, attach copy marked Exhibit "P.") (1) Contracts, assignments and other writings - (Attach original or certified copies of contracts, assignments, and other writings each separately marked as an Exhibit, begin- ning with "G.") Wherefore, your accountant asks that distribution of the bal- ance of principal and income be awarded to the persons thereunto entitled as set forth in paragraphs (c), (d), (f) and (g) hereof. And your accountant will, etc. Administrator or Administratrix. (Signatures.) 55. PETITION FOR DISTRIBUTION UNDER A WILL. 552. In the Orphans' Court of Allegheny County, State of Pennsyl- vania : Estate of - Deceased. The statement of - respectfully represents : (a) The decedent died - 192 - testate, and at that time was domiciled in - and resided in - and let- ters testamentary on h estate (a copy of same and the will and codicil being hereto attached marked Exhibit "A") were granted - 192 - and on the - > day of - 192 - bond (if any) in the sum of $ - was approved. 542 FORMS 55 Letters were advertised in the - and Pittsburgh Legal Journal, the last publication having been made on the - day of - and the - day of - 192 - re- spectively, and proofs of publication marked Exhibit "B" are attached. An inventory, a copy being attached and marked Ex- hibit "C," was filed on the - day of - 192 - (// any additional assets have been received since filing account state the amount and nature thereof, also interest on balances to date of first day of audit.) (b) Exemption claimed by widow or children. (c) All creditors of whose claims the account ha notice or knowledge before filing the account, have received actual notice of the filing of the account ; the amounts of these claims, together with those received since filing the account, and whether they are admitted to be correct are as follows: Name - Amount - (Give preferred claims first and mark P. If claims too many for the space, annex a list thereof marked Exhibit "D;" if no such claims, insert the word "none." If any creditor or other claimant has not received actual notice, that fact must be stated. If proceeds of sale\ of land for payment of debts, attach List of Liens, marked Exhibit "E") (d) The estate is - subject to the payment of direct - collateral inheritance tax to the State of Pennsylvania, and is - subject to the payment of a Federal Inheritance Tax. (// taxable, state whether tax has been paid.) (e) Decedent was - (Did husband or wife survive? Has there been any marriage settlement? Was the family relation maintained? If there is an election comply with Sec. 23 of Wills Act of 1917, and attach copy marked Exhibit "P.") (Were children born after date of will, or codicil if any? If so, give names and date of birth.) (g) - (Is there intestacy as to any part of the estate? If so, give the facts.) (h) The names of all persons having interest as legatees, heirs, next of kin, including adopted children, and devisees (with the FORMS 56 543 names of their parents to show relationship if necessary), are as follows : Names Legatees, next of kin, heirs or devisees Of age or not (write yes or no) Name of guardian, trustee or committee, if any, and give reference to number and term of appointment Amount of bond $ (*) All of said parties in interest are living. (State exceptions, if any, giving names and dates of death, and the names of their executors or administrators, or the names of their issue, as the same may be material, and names of parties, if any, in the military service who would be adversely affected by a decree of distribution.) (/) All parties, other than creditors, including the represen- tatives of persons who are not sui juris, having either a vested or contingent interest, have had notice of the filing of the account. (Insert "actual," if such is the fact.) (k) (Refer to any questions requiring adjudication and a statement of any material facts not already given. If none, insert the word "none." (I) Kind of property to be, distributed and elections to take in kind if any. (State the kind of property of which the balance consists. If it is not cash, state whether there has been an election to take in kind. If so, attach original or copy marked Ex. "G.") (m) (State if any distribution has been made and if any share has been assigned or attached. If advancements are charged in the\ will are they charged in the account. If there is partial intestacy, has any settlement been made? See Sec. 22, Intestate Act. (n) Contracts, assignments and other writings. (Insert schedule of contracts, assignments and other writings, and attach originals of copies thereof certified by counsel and mark each as an Exhibit, beginning with "H.") Wherefore, your accountant ask that distribution of the balance of principal and income be awarded to the persons there- unto entitled as set forth in paragraphs (c), (d), (h) and (t) hereof. Executor or Executrix. (Signatures.) 544 FORMS 56 56. PETITION FOR CITATION TO SHOW CAUSE WHY AN INQUEST IN PARTITION SHOULD NOT BE GRANTED. 4. In the Orphans' Court of Philadelphia County. In Re Estate of William Doe, Deceased. Petition for citation to show cause why an inquest in partition should not be granted for premises street, Philadel- phia. To the Honorable, the Judges of the Said Court: The petition of Catherine Doe, Mabel Doe and Ida Doe re- spectfully represents: 1. That William Doe died a resident of Philadelphia County, on the day of having first made, published and declared his last will and testament dated a copy of which is annexed hereto, duly probated on in the office of the Register of Wills of Philadelphia County, and recorded in Will Book No. page 2. The said decedent died seized of (describe premises) being the same premises that and wife by indenture bearing date the day of and recorded at Philadelphia, in Deed Book at page granted and conveyed unto the said William Doe, in fee, being known as premises Street, Philadelphia. 3. After* providing for a life estate to his wife, Mary Doe, the decedent directed that if the said premises Street, in the City of Philadelphia, should be sold out of the proceeds thereof, Mary Jones should be paid $100, and the residue should be divided equally among his sons, James Doe, William Doe, and his daughter, Kate Roe. 4. By proceedings in your Honorable Court a decree was en- tered on the day of March whereby an exemption of $300 was charged on said premises in favor of Mary Doe, the widow. The said Mary Doe died a resident of Philadelphia County, on 5. Mary Jones intermarried with one Peter Poe, and is living and of full age and resides at Street, Philadelphia. 6. James Doe died intestate, a resident of Philadelphia County, on the day of leaving to survive him a widow, Anna Doe, and one child, a daughter, Anna Smith, both living and of full age and residing at Street, Philadelphia. FORMS 56 545 7. William Doe died on the day of intestate, leaving to survive him a widow, Catherine Doe, and two children, to wit: Mabel Doe and Ida Doe, all living and of full age and your petitioners herein and all residing in Philadelphia. 8. Kate Roe died a resident of Philadelphia County, on the day of intestate, leaving to survive her, no hus- band or issue and leaving as her present heirs and next of kin, Anna Smith, a daughter of James Doe, above set forth, and the widow and children of William Doe, above set forth. Wherefore, title to the above premises is now vested as follows : Anna Doe, three-eighteenths; Anna Smith, six-eighteenths, Catherine Doe, three-eighteenths; Mabel Doe, three-eighteenths; Ida Doe, three-eighteenths, so that your petitioners collectively are seized of one-half of the said premises, all subject, however, to the legacy of $100, to Mary Jones. That no partition or valuation of the said real estate has been had and your petitioners therefore pray your Honorable Court to grant a citation to the parties in interest to show cause why an inquest should not be awarded to make partition, or valuation of the said real estate. And your petitioners will ever pray, etc. (Signatures.) State of Pennsylvania, County of Philadelphia, ss: Catherine Doe, Mabel Doe, and Ida Doe, being duly sworn ac- cording to law depose and say that they are the petitioners herein and that the facts set forth in the foregoing petition are true and correct to the best of their knowledge, information and belief. Sworn to and subscribed before me this day of 1921. (Signature.) In the Orphans' Court of Philadelphia County. Term, , No. . In re Estate of William Doe, Deceased. DECREE. And Now, To wit, this day of , 1921, upon con- sideration of the annexed petition and on motion of , at- torneys for the petitioners, it is hereby ordered and decreed, that the prayer thereof be granted and that a citation be issued directed 35 546 FORMS 56, 57 to Anna Doe, Anna Smith and Mary Jones, to show cause why an inquest should not be awarded to make partition or valuation of premises (description), being known as Street, Phila- delphia. Returnable sec. leg. By the Court : J- 57. PETITION FOR CITATION TO SHOW CAUSE WHY GUARDIAN AD LITEM SHOULD NOT BE APPOINTED. 116, 616. In the Orphans' Court of Philadelphia County. In re Estate of , Deceased. Term, , No. . To the Honorable, the Judges of the Said Court: The petition of the Trust Company respectfully rep- resents : 1. That your petitioner is Trustee under the Will of , deceased, a copy of which is hereto annexed. 2. That your petitioner has filed its account in your Honorable Court for audit at which proceedings it is necessary that certain minors hereinafter set forth, interested contingently in remainder be represented by a guardian ad litem. 3. That is a minor under the age of fourteen years, interested contingently in remainder ; that said minor is the son of and , both of whom are living and reside at , the said being a daughter of , who was a daughter of the above decedent. 4. That is a minor over the age of fourteen years, inter- ested contingently in remainder in the above estate; that said minor is the daughter of and , both of whom are living and both of whom reside in the City of , the said , formerly , being a daughter of the above decedent. 5. That the said minors and their parents have neglected and refused, though repeatedly requested so to do, to nominate any one as guardian ad litem for said minors or petitioned your Hon- orable Court for the appointment of such guardian. Wherefore, your petitioner prays that a citation issue directed to the said and , to show cause why the Court FORMS 57 547 should not appoint a guardian ad litem for their son, , under the age of fourteen years and to and and , a minor over the age of fourteen years to show cause why a guardian ad litem should not be appointed for the said minor for the purpose aforesaid, and it further prays that said citation may be served upon the said and by reg- istered mail. And your petitioner will ever pray, etc. TRUST COMPANY. By State of Pennsylvania, County of Philadelphia, ss: being duly sworn according to law, deposes and says that he is of the corporation petitioner and that the facts set forth in the foregoing petition are true to the best of his knowledge, information and belief. Sworn to and subscribed before me this day of , 1921. DECREE. And Now, To wit, this day of , 1921, upon con- sideration of the foregoing petition and on motion of , attorneys for the petitioner, It is hereby ordered and decreed, That the prayer thereof be granted and a citation is hereby di- rected to be issued to and , to show cause why a guardian ad litem should not be appointed by the Orphans' Court of Philadelphia County to represent , their son, a minor under the age of fourteen years at the audit of the account of the Trust Company, Trustee under the Will of , and to and , to show cause why the Orphans' Court of Philadelphia County should not appoint a guardian ad litem to represent the said , a minor over the age of fourteen years at the audit of the account of the Trust Company, Trustee under the Will of , and it is further ordered and decreed, That the said citation upon and , may be served upon them by registered mail. Returnable sec. leg. By the Court: J- 548 FORMS 58 58. PETITION UNDER THE REVISED PRICE ACT BY EXECUTOR FOR LEAVE TO SELL REAL ES- TATE AT PRIVATE SALE WHERE NO AU- THORITY TO SELL IS GIVEN IN THE WILL. 183. In the Orphans' Court for the County of Philadelphia. In re Estate of , Deceased. - Term, , No. . Petition for Leave to Sell Real Estate. To the Honorable, the Judges of the Said Court: The petition of The Company, , respectfully represents : 1. That it is sole executor under the will of , deceased, copy of which is annexed hereto. and , the other executors named in said will, having predeceased the testator. 2. That the said died on day of , leaving a will duly probated by the Register of Wills of Philadelphia County, and letters testamentary were granted thereon to your petitioner as executor. 3. That the said , after certain bequests of sundry items of personal effects and cash legacies, devised and bequeathed the residue of his estate (insert here term of trust). 4. (Recite parties in interest.) 5. Among the assets of the said is certain real estate, being premises Avenue, in the City of Philadelphia, known and described as follows: (description). being the same premises which , a single man, by indenture bearing date the day of , and recorded at Philadel- phia, in Deed Book , granted and conveyed unto the said in fee. 6. That the said property has been sold by your petitioner, subject to the approval of your Honorable Court, to for the price or sum of , in cash, of which has been paid on account, and the balance is to be paid upon the execution and delivery of a deed for said premises. 7. That your petitioner has been advised by two disinterested real estate experts that the price or sum of $ , is a full and fair price for said premises, and more than could be obtained FORMS 58 549 therefor at public sale. Affidavits to this effect are attached hereto and made part hereof as "Exhibit B" and "Exhibit C." 8. That the said property is assessed for taxation in the City of Philadelphia in the sum of $ , as will appear by official certificate of the Board of Revision of Taxes annexed hereto as "Exhibit D." 9. Your petitioner and all the parties interested in said real estate in remainder or otherwise, consider it for the best interest of the said estate that the said premises shall be sold for the price or sum aforesaid. 10. Under the terms of the will of the said , your peti- tioner is given no authority to sell said real estate, wherefore it becomes necessary to apply to your Honorable Court for leave to make said sale. 11. All the parties interested in said real estate under the terms of said will, as hereinbefore recited, have agreed to said sale, and have agreed that it is for the best interest of the estate for your petitioner to make said sale, and have received actual notice of this petition, either in person or by guardian, and have joined in the prayer thereof. Wherefore, your petitioner prays for leave and authority to sell and convey said premises abovje described to the said upon receipt of the balance of the purchase money to which your petitioner is entitled ; said conveyance to vest title in said premises in the purchaser in fee simple free and discharged from all trusts, contingencies and remainders and indefeasible by any part or per- sons having a present or expectant interest therein in accordance with the provisions of the Act of Assembly in such case made and provided. And your petitioner will ever pray, etc. County of Philadelphia, ss: , being duly sworn according to law, deposes and says that he is of the Corporation petitioner, and that the facts set forth in the foregoing petition are true to the best of his knowledge, information and belief. Sworn to and subscribed before me this day of A. D. 1919. 550 FORMS 58 JOINDER. We, the undersigned, being all the parties having a present or expectant interest in the real estate designated in the foregoing petition and at large: described therein, do hereby certify that we have had due notice of the intended presentation of the foregoing petition and do join in the prayer thereof. (Signatures.) EXHIBIT "B." State of , County of , ss: Personally appeared , who, being duly sworn according to law, deposes and says that he is a real estate expert of years' experience; that during said period he has been engaged in actively carrying on his profession in the County of ; that he is familiar with the values of real estate in the vicinity of the real estate referred to in the foregoing petition; that he has examined the premises therein described and as the result of said examination is of the opinion that the the sum of $ , in cash represents! the full market value of the said premises and is a greater price than could be obtained for the same at public sale, and that a sale thereof at the said price would be to the best interest and advantage of said estate; that he is not interested as broker, agent or otherwise in the said sale. Sworn to and subscribed before me this day of , 1921. DECREE. And Now, To wit, this day of , the Court, on motion of , attorneys for the petitioner, and upon con- sideration of the foregoing petition, do grant the prayer thereof, and do authorize and empower The Company , executor under the will of , deceased, to sell and convey : (description). to , for the price or sum of $ , and upon receipt of the balance of said purchase price, to wit: $ , to make, execute and deliver a deed therefor to the said in fee, free and discharged from all trusts and remainders and inde- feasible by any party or persons having a present or expectant FORMS 58, 59 551 interest therein. Security to be entered in the sum of $ , and the bond of The Company for is hereby ap- proved as such security. By the Court : J. 59. PETITION UNDER THE REVISED PRICE ACT BY ANCILLARY EXECUTOR AND TRUSTEE FOR LEAVE TO SELL REAL ESTATE AT PRI- VATE SALE WHEN THE TIME FIXED FOR SALE IN THE WILL HAS NOT ARRIVED. 183. In the Orphans' Court of Chester County. In the matter of the Estate of , Deceased. Term, , No. . Petition for Leave to Sell Real Estate at Private Sale. To the Honorable, the Judges of the Said Court: The petition of , Ancillary Executor and Trustee under the Will of , deceased, respectfully represents: 1. That your petitioner individually and as Executor and Trustee under the will of , deceased, is seized of title in (description of property). being the same premises which , Executors and Trustees under the will of , et. al., by deed dated the day of , and recorded in Deed Book for Chester County, , page , conveyed to in fee, and the said afterwards intermarried with your petitioner and died on the day of , a resident of , having first made, published and declared her last will and testament dated the day of , a copy of which is annexed hereto as Exhibit "A," duly probated in the County of , on the day of , whereunder Letters Testamentary were duly issued to your petitioner, . 2. On the day of , ancillary Letters Testamentary were issued to your petitioner by the Register of Wills of Chester County. 3. In and by said will after sundry pecuniary bequests herein- after referred to testatrix provided: (recite provisions of will). 4. Of the said pecuniary legacies all of which are hereinafter set forth the following have been paid: $ . 552 FORMS 59 5. All of said parties in interest are living and of full age and have received notice of the intended presentation of this petition and have joined in the prayer thereof. 6. Your petitioner is the residuary legatee under the said will. 7. Your petitioner has received a very advantageous offer for the sale of the property hereinabove set forth and all parties in interest have requested that the sale be consummated, but owing to the restriction in the will that the property shall be held for a period of three years after the death of the testatrix, the power of sale given to your petitioner in the will is not yet operative and it is necessary that your petitioner apply to your Honorable Court for leave and authority to make the said sale. 8. Subject to the approval of your Honorable Court the prem- ises described have been sold at private sale to for the price or sum of $ in cash. 9. Your petitioner is of the opinion that the price offered for the said real estate is full and fair and better than could be ob- tained for the same at public sale and that it would be for the best interest and advantage of the estate of , deceased, that the said sale be consummated in accordance with the terms hereinabove set forth because the price offered is better than could be obtained at public sale and that the sale may be made without injury or prejudice to any trust, charity or purpose for which the same is held and without the violation of any law which may confer an immunity or exemption from sale or alienation. 10. Your petitioner has been assured by two real estate experts experienced in the values of properties in the neighborhood of those hereinabove referred to that the price offered for the same is full and fair and the best that could be obtained at public sale. Their affidavits to this effect are hereto annexed as Exhibits "B" and "C." 11. That all parties interested in the said estate as hereinabove set forth, are satisfied that the price offered for the said premises is a full and fair one and better than could be obtained at public sale, and that the acceptance of the same will be for the best interests of the estate. 12. That the said premises are assessed for taxation in the sum of $ , as appears by the official certificate hereto an- nexed marked Exhibit "D." FORMS 59 553 13. Your petitioner therefore prays your Honorable Court for leave and authority to sell and convey the premises herein described to the for the price or sum of $ , in cash ; said conveyance to vest the title in the purchaser in fee simple, freed and discharged of all trusts, contingencies and remainders, and indefeasible by any party or persons having a present or ex- pectant interest therein in accordance with the Act of Assembly in such case made and provided. And your petitioner will ever pray, etc. Ancillary Executor and Trustee under the will of , deceased. State of Pennsylvania, County of , ss: being duly sworn according to law, deposes and says that he is the petitioner in the foregoing petition and that the facts set forth therein are true to the best of his knowledge, informa- tion and belief. Sworn to and subscribed before me this day of , 1921. JOINDER. We, the undersigned, being all the parties interested in the premises referred to in the foregoing petition, hereby acknowl- edge that we have received notice of the intended presentation of the foregoing petition and join in the prayer thereof. (Signatures.) (Exhibit "B" and "C." See Form 58 supra.) DECREE. And Now, to wit, this day of , 1921, on con- sideration of the foregoing petition and affidavits thereto annexed, and on motion of , attorneys for the petitioner, it appearing that it would be to the best interest and advantage of the estate 554 FORMS 59, 60 of , deceased, that the premises described in the petition should be sold to at private sale for the sum of $ , in cash, and that the said price is better than can be obtained at public sale, and that the same may be done without injury or prejudice to any trust, charity or purpose for which the same is held and without the violation of any law which may confer an immunity or exemption from sale or alienation, it is ordered and decreed that the said sale be confirmed and that the said , Ancillary Executor and Trustee under the will of , de- ceased, is hereby authorized and empowered to convey the said premises, to wit: (description of property). at private sale for the price of $ , in cash, to , the title of the purchaser to be a fee simple title, indefeasible by any party or persons having a present or expectant interest in the said premises and unprejudiced by any error in the proceedings of the Court ; security to be entered in the sum of $ . By the Court: J. ' 60. PETITION UNDER THE REVISED PRICE ACT BY A CHURCH HOLDING PROPERTY IN TRUST FOR LEAVE TO SELL THE SAME AT PRIVATE SALE WHERE NO POWER OF SALE IS GIVEN UNDER THE WILL. 183. In the Orphans' Court of Philadelphia County. In re Estate of , Deceased. Term, , No. . Petition for Leave to Sell Real Estate at 1 Private Sale. To the Honorable, the Judges of the Said Court: The petition of Church, of Philadelphia, respectfully represents : i. That by Deed Poll bearing date the day of , and recorded at Philadelphia, in Sheriff's Book , page , Sheriff of Philadelphia County, granted and conveyed (here de- scribe property), now known as Street, to in fee. FORMS 60 555 2. That by Deed Poll bearing date the day of , and recorded at Philadelphia, in Sheriff's Book No. , page , Sheriff of Philadelphia County, granted and conveyed (description) : now known as Street, to in fee. 3. The said being so seized of said premises died on the day of , having first made, published and de- clared his last Will and Testament dated , and Codicil thereto dated , copy of which is hereto annexed as Exhibit "A," both duly probated in the Office of the Register of Wills of Philadelphia County on the day of . 4. In and by the said Will the said provided (here recite term of. trust under will) : and your petitioner has held the premises hereinabove described for the uses and purposes of the said trust from the date of the death of the said decedent until the date hereof. 5. The houses erected on the said premises are very old and in a very dilapidated state of repair, so that in order to continue them in a tenantable condition, many hundreds of dollars would have to be spent to put them in good repair and out of its present funds your petitioner is unable to finance the said repairs and improvements. 6. Subject to the approval of your Honorable Court, premises Street, as hereinabove described, have been sold to , for the price or sum of $ , in cash and premises Street, as hereinabove described, have been sold to for the price or sum of $ in cash. 7. The said sales were duly authorized under the Rules and practice of your petitioner at a special meeting of the Board of Trustees of your petitioner duly called and regularly held on the day of , and ratified and confirmed at a special meeting of the congregation of your petitioner duly called and regularly held on the day of . 8. Your petitioner is of the opinion that the prices offered for the said real estate are full and fair and better than could be obtained for the same at public sale and that it would be for the best interest and advantage of the trust under which said premises are held that the said sales be consummated in accordance with the terms hereinabove set forth because the prices offered are 556 FORMS 60 better than could be obtained at public sale; that the sales may be made without injury or prejudice to any trust, charity or pur- pose for which the same are held and without the violation of any law which may confer an immunity or exemption from sale or alienation. 9. Your petitioner has been assured by two disinterested real estate experts experienced in the values of properties in the neighborhood of those hereinabove referred to that the prices offered for the same are full and fair and the best that could be obtained at public sale. Their affidavits to this effect are hereto- annexed as Exhibits "B" and "C." 10. That the said premises are assessed for taxation in the sum of $ , each as appears by the official certificate hereto an- nexed marked Exhibit "D." 11. Your petitioner has no power of sale under the terms of the will of the above decedent as hereinabove set forth, and there- fore presents this petition to your Honorable Court to obtain its consent thereto under and by virtue of Section 2 (a) (5) of the Revised Price Act of 1917. 12. Your petitioner therefore prays your Honorable Court for leave and authority to sell and convey the premises herein de- scribed, to wit : Street, to , for the price or sum of $ , in cash and premises Street, to for the price or sum of $ in cash ; said conveyance to vest the title in the purchasers in fee simple freed and discharged of all trusts, contingencies and remainders, and indefeasible by any party or persons having a present or expectant interest therein in accord- ance with the Act of Assembly in such case made and provided. And your petitioner will ever pray, &c. Church, By President. Attest : Secretary. FORMS 60 557 State of Pennsylvania, County of Philadelphia, ss: being duly sworn according to law, deposes and says that he is the President of the Board of Trustees of the Church, of Philadelphia, and that the facts set forth in the fore- going petition are true to the best of his knowledge, information and belief. Sworn to and subscribed before me this day of , 1920. EXHIBIT B. (See Form 58 supra.) DECREE. And Now, to wit: this day of , 1920, on con- sideration of the foregoing petition and affidavits thereto annexed and on motion of , attorneys for the petitioner, it appear- ing that it would be to the best interest and advantage of the estate of and of the trust under which the Church, of Philadelphia, holds title to the premises hereinafter described that the premises described in the petition, to wit: Street, should be sold to for $ in cash at private sale and Street, should be sold to , at private sale for the sum of $ in cash, and that the said prices are better than can be obtained at public sale and that the same may be done without injury or prejudice to any trust, charity or purpose for which the same are held and without the violation of any law which may confer an immunity or exemption from sale or aliena- tion, it is ordered and decreed that the said sales be confirmed and that the said Church, of Philadelphia, is hereby authorized and empowered to convey the said premises, to wit: (here insert descriptions) : known as Street, to for $ in cash ; the titles of the purchasers to be fee simple titles, indefeasible by any party or persons having a present or expectant interest in the said premises and unprejudiced by any error in the proceedings of the Court ; security to be entered in the sum of $ . By the Court : J- 558 FORMS 61 61. PETITION UNDER THE REVISED PRICE ACT BY TRUSTEE FOR LEAVE TO SELL REAL ES- TATE AT PRIVATE SALE WHERE THE TRUS- TEE HAS NO POWER OF SALE UNDER THE WILL. 183. In the Orphans' Court of Philadelphia County. In re Estate of , Deceased. Term, , No. . To the Honorable, the Judges of the Said Court: The petition of the Trust Company, substituted trustee under the will of , deceased, respectfully represents : 1. died , having first made, published and de- clared his last Will and Testament dated , duly probated in the Office of the Register of Wills of Philadelphia County, wherein and whereby the decedent appointed his sons, and executors and trustees, both of whom are now deceased. A copy of the will is hereto annexed as Exhibit "A." 2. That by the adjudication of your Honorable Court dated , sur the account of the Executors of the said estate, the residue of the estate was awarded to and , execu- tors, in trust under the terms of the will. 3. That the said died upwards of twenty years ago and that the said , the surviving executor and trustee died on the day of , and your Honorable Court by decree dated the day of , appointed the Trust Company substituted trustee under the will of the said decedent. 4. That in addition to the personal estate awarded to said trustees under said adjudication, the deceased also possessed cer- tain real estate in the City of Philadelphia, amounting in value to upwards of $ . 5. Under his will, the decedent gave his executors the power to sell certain real estate in the City of Philadelphia, and specif- ically forbade that they sell any other including the premises herein described, until after the decease of his three daughters, to wit, and , two of whom are still living. 6. By the terms of his will the decedent gave the residue of his estate to his executors in trust (recite terms of trust) : 7. (Recite parties in interest and how acquired). FORMS 61 559 8. Among the assets of the residuary estate of the said dece- dent, title to which is now vested in your petitioner is (describe property by latest deed) : being known as premises Street, in the City of Philadel- phia, and being the same premises that by Indenture bearing date the day of , and now recorded at Philadelphia, in Deed Book , page , &c., granted and conveyed unto the said in fee. 9. The said premises Street, are in very poor condi- tion. The roof, woodwork and interior all need general over- hauling. The property is now rented at $ per month, or $ per year. The fixed charges, including taxes and water rent, amount to $ , and the average cost of repairs is ap- proximately $ annually, so that the net return averages $ per year, which is interest at 6 per cent, on $ . If the proposed sale, however, herein referred to, is approved by your Honorable Court, approximately $ will be available to the estate on which the annual return will amount to $ . 10. Subject to the approval of your Honorable Court, the premises above described have been sold at private sale to and , for the price or sum of $ , $ in cash and $ secured by the bond and mortgage of the grantees in the usual form with interest at 6 per cent, per annum, payable at the expiration of three years from the date thereof or all in cash at the option of the purchasers. 11. Your petitioner is of the opinion that the price offered for the said real estate is full and fair and better than could be ob- tained for the same at public sale and that it would be for the best interest and advantage of the estate of , deceased, that the said sale be consummated in accordance with the terms hereinabove set forth, because the price offered is better than could be obtained at public sale, that the sale may be made with- out injury or prejudice to any trust, charity or purpose for which the same is held and without the violation of any law which may confer an immunity or exemption from sale or alienation. 12. Your petitioner has been assured by two disinterested real estate experts experienced in the values of properties in the neighborhood of those hereinabove referred to that the price offered for the same is full and fair and the best that could be obtained at public sale. Their affidavits to this effect are hereto annexed as Exhibits "B" and "C," 560 FORMS 61 13. That all parties interested in the said estate as hereinabove set forth, are satisfied that the price offered for the said premises is a full and fair one and better than could be obtained at public sale, and that the acceptance of the same will be for the best interest of the estate. The said parties have received notice of the intended presentation of this petition and have joined in the prayer thereof. 14. That the said premises are assessed for taxation in the sum of $ , as appears by the official certificate heerto an- nexed marked Exhibit "D." 15. Your petitioner has no power of sale under the terms of the will of the above decedent as hereinabove set forth and there- fore presents this petition to your Honorable Court to obtain its consent thereto. 16. Your petitioner therefore prays your Honorable Court for leave and authority to sell and convey the premises herein de- scribed to and , for the price or sum of $ in cash and $ secured by the bond and mortgage of the grantees in the usual form with interest at 6 per cent, per annum, payable at the expiration of three years from the date thereof or all in cash at the option of the purchasers; said conveyance to vest the title in the purchaser in fee simple, freed and discharged of all trusts, contingencies and remainders, and indefeasible by any party or persons having a present or expectant interest therein in accordance with the Act of Assembly in such case made and provided. And your petitioner will ever pray, etc, The Trust Company. By State of Pennsylvania, County of Philadelphia, ss: being duly sworn according to law, deposes and says that he is of the corporation petitioner and that the facts set forth in the foregoing petition are true to the best of his knowledge, information and belief. Sworn to and subscribed before me this day of , 1921. FORMS 61 561 JOINDER. We, the undersigned, being all the parties interested in the premises referred to in the foregoing petition, acknowledge that we have received notice of the intended presentation of the fore- going petition and join in the prayer thereof. EXHIBIT "B." Commonwealth of Pennsylvania, City and County of Philadelphia, ss: Personally appeared , who, being duly sworn according to law, deposes and says that he is a real estate expert of years' experience, now engaged in business at ; that during said period he has been engaged in actively carrying on his pro- fession in the County of Philadelphia; that he is familiar with the values of real estate in the vicinity of the real estate referred to in the foregoing petition; that he has examined the premises therein described and as the result of said examination is of the opinion that the sum of $ , $ in cash^and $ secured by the bond and mortgage of the grantees in the usual form with interest at 6 per cent, per annum, payable at the expi- ration of three years from the date thereof or all in cash at the option of the purchasers. represents the full market value of the said premises and is a greater price than could be obtained for the same at public sale, and that a sale thereof at the said price would be to thej best interest and advantage of said estate. Sworn to and subscribed before me this day of , 1921. DECREE. And Now, to wit: this day of , 1921, upon con- sideration of the annexed petition and affidavits thereto attached and on motion of , attorneys for the petitioner, it appear- ing that it would be to the best interest and advantage of the estate of that the premises described in the petition should be sold to and , at private sale, for the sum of $ , $ in cash and $ secured by the bond and mortgage of the grantees in the usual form with interest at 6 per cent, per annum, payable at the expiration of three years from the date thereof or all in cash at the option of the purchasers and 36 562 FORMS 61, 62 that the said price is better than can be obtained at public sale and that the same may be done without injury or prejudice to any trust, charity or purpose for which the same is held and without the violation of any law which may confer an immunity or exemption from sale or alienation, // is ordered and decr.eed that the said sale be confirmed and that the said Trust Company, substituted trustee under the will of , deceased, is hereby authorized and empowered to convey the said premises, to wit: (description of property) : being known as premises Street, Philadelphia, to and , for the price of $ , $ in cash and $ secured by the bond and mortgage of the grantees in the usual form with interest at 6 per cent, per annum payable at the expira- tion of three years from the date thereof or all in cash, at the option of the purchasers ; the title of the purchasers to be a fee simple title, indefeasible by any party or persons having a present or expectant interest in the said premises and unprejudiced by any error in the proceedings of the Court ; security to be entered in the sum of $ , and the bond of the Trust Com- pany is hereby approved as such security. By the Court : 6a. PETITION UNDER THE REVISED PRICE ACT BY TRUSTEE FOR LEAVE TO JOIN WITH OTHERS IN THE PRIVATE SALE OF REAL ESTATE WHERE THERE IS NO POWER OF SALE IN THE WILL. 183. In the Orphans' Court of Philadelphia County. In re Estate of , Deceased. Term, , No. . Petition for Leave to Join in the Sale of Real Estate at Private Sale. To the Honorable, the Judges of the Said Court: The petition of The Company, , Trustee of the Estate of , deceased, respectfully represents: i. That died , a resident of Philadelphia County, seized of title to (description) : FORMS 62 563 being known as Nos. Street, and Nos. Avenue, being the corner of Street and Avenue, Philadelphia. 2. The will of the said decedent dated , was duly pro- bated on the day of , and Letters Testamentary were duly granted to , one of the Executors named therein. Copy of said will is hereto annexed marked Exhibit "A." 3. By his will the decedent provided inter alia as follows: (recite provisions of will) : 4. In an adjudication by Judge , of the Orphans' Court of Philadelphia County, sur account of , Trustee, wherein the fund before the Court represented rents from real estate and the award of a jury of view for damages caused to the decedent's real estate by the change of grade of Street, the Court held: * * * 5. In a later adjudication before Judge , sur the account of The Company , Trustee, wherein the fund accounted for represented a balance in the hands of the accountant from the sale of certain real estate, the Court held: * * * 6. The said was discharged as Trustee of the estate on and on , The Company , was ap- pointed Trustee of the said estate in his place and stead and holds title as Trustee for an undivided four-ninths for the benefit of the widow for life. *^ * * * 8. (Recite parties in interest.) 9. Title to the said real estate is therefore vested as follows : four-ninths in The Company , Trustee under the will of , deceased, for the life of the widow ; one-ninth in ; one-ninth in ; one-ninth in ; one-ninth in The Company , Guardian of the Estates of , subject to the life interest of ; one-ninth in guardian of the estates of and , minors, subject to the life interest of . 10. The said children and issue of deceased children are also vested with the remainder interest in the four-ninths held in trust as aforesaid for the life of the widow. 11. The premises hereinabove described are vacant lots from which no income can be derived, but which, on the other hand, 564 FORMS 62 on account of taxes are a constant drain upon the estate for the payment of which no income ia available. 12. Subject to the approval of your Honorable Court the premises above described have been sold at private sale to for the price or sum of $ in cash. 13. Your petitioner is of the opinion that the price offered for the said real estate is full and fair and better than could be ob- tained for the same at public sale and that it would be for the best interest and advantage of their estate and all parties in interest that the said sale be consummated in accordance with the terms hereinabove set forth because the price offered is better than could be obtained at public sale and because it would be necessary to have partition proceedings to separate the ownership of the various persons interested and by making the sale to the said purchaser, the expense and delay of partition proceedings can be avoided, and that it is not likely that the property will increase in -value within the time necessary for the partition pro- ceedings, that the sale may be made without injury or prejudice to any trust, charity or purpose for which the same is held and without the violation of any law which may confer an immunity or exemption from sale or alienation. 14. Your petitioner has been assured by two disinterested real estate experts experienced in the values of properties in the neigh- borhood of those hereinabove referred to, that the price offered for the same is full and fair and the best that could be obtained at public sale. Their affidavits to this effect are hereto annexed as Exhibits "B" and "C." 15. That all parties interested in the said estate as hereinabove set forth are satisfied that the price offered for the said premises is a full and fair one and better man could be obtained at public sale, and that the acceptance of the same will be for the best interests of the estate. The said parties have received notice of the intended presentation of this petition and have joined in the prayer thereof. 16. That the said premises are assessed for taxation in the sum of $ , as appears by the official certificate hereto an- nexed marked Exhibit "D." 17. Your petitioner has no power of sale under the terms of the will of the above decedent as hereinabove set forth, and there- fore presents this petition to your Honorable Court to obtain its consent thereto. FORMS 62 565 18. Your petitioner therefore prays your Honorable Court for leave and authority to join with the other parties in interest in the sale and conveyance of the premises herein described upon receipt of the proportionate part of the purchase price to which it is entitled to the said for the price or sum of $ in cash; said conveyance to vest the title in the purchaser in fee simple, freed and discharged of all trusts, contingencies and re- mainders, and indefeasible by any party or persons having a present or expectant interest therein in accordance with the Act of Assembly in such case made and provided. And your petitioner will ever pray, etc. By Trustee of the Estate of , Deceased. State of Pennsylvania, County of Philadelphia, ss: being duly sworn according to law, deposes and says that he is of the corporation petitioner and that the facts set forth in the foregoing petition are true to the best of his knowledge, information and belief. Sworn to and subscribed before me this day of , 1921. JOINDER. We, the undersigned, being all the parties interested in the premises referred to in the foregoing petition, hereby acknowledge that we have received notice of the intended presentation of the foregoing petition and join in the prayer thereof. EXHIBIT "B" AND "C." (See Form 58 supra.) In the Orphans' Court of Philadelphia County. In re Estate of , Deceased. - Term, - , No. - . DECREE. And Now, to wit, this day of , 1921, on con- sideration of the annexed petition and affidavits thereto annexed and on motion of , attorneys for the petitioner, it appear- ing that it would be to the best interest and advantage of the estate of , deceased, that the premises described in the petition should be sold to , at private sale for the sum of 566 FORMS 62, 63 $ in cash, and that the said price is better than can be obtained at public sale, and that the same may be done without injury or prejudice to any trust, charity or purpose for which the same is held and without the violation of any law which may confer an immunity or exemption from sale or alienation, it is ordered and decreed that the said sale be confirmed and that -the said The Company , substituted Trustee under the will of , deceased, is hereby authorized and empowered to join in the sale and conveyance of the said premises, to wit: (description) : being known as Nos. Street, and Avenue, being the corner of Street and Avenue, Phila- delphia, to , at private sale for the price of $ in cash, upon receipt of the proportionate part of the purchase price to which it is entitled; the title of the purchaser to be a fee simple title, indefeasible by any party or persons having a present or expectant interest in the said premises and unprejudiced by any error in the proceedings of the, Court ; security to be entered in the sum of $ , and the bond of the said The Com- pany , is hereby approved as such security. By the Court : (Note: In Philadelphia County it is now required that the decree be the first page of the petition. This form of decree is adapted for that purpose.) 63. PETITION UNDER THE REVISED PRICE ACT BY GUARDIAN FOR LEAVE TO SELL REAL ESTATE AT PRIVATE SALE WHERE THE PREMISES ARE IN BAD REPAIR AND THE SALE WILL INCREASE THE INCOME FOR THE MINOR. 183. In the Orphans' Court of Philadelphia County. In re Estate of , a minor. Term, , No. . Petition for Leave to Sell Real Estate at Private Sale. To the Honorable, the Judges of the Said Court: The petition of , Guardian of the estate of , a minor, respectfully represents: FORMS 63 567 1. That and wife by indenture bearing date the day of , and recorded at Philadelphia, in the Office for Recording of Deeds in and for the City and County of Phila- delphia, in Deed Book , page , &c., granted and conveyed (description of property) : known as premises Street, Philadelphia, to in fee under and subject to certain building restrictions and also under and subject to the payment of a certain first mortgage of $ and a second mortgage of $ . 2. That the said , being seized of said premises died on the day of , 1914, intestate, leaving to survive him his wife, , and his daughter, a minor, as his only heirs and next of kin whereby title to the said premises be- came vested in the said minor, subject to the life interest of the said in one-third thereof. 3. That the said has remised and released to the said minor all her interest in said real estate so that the entire title to the same is now vested in said minor. 4. That was appointed guardian of the estate of the above minor by decree of the Orphans' Court of Montgomery County, dated . 5. The improvements on the said premises consist of a two- story brick dwelling without modern improvements which, up to several months ago, had been rented for $ per month. That the said premises were vacant for several months, but are now occupied by a proposed purchaser pending the approval of this agreement, with the understanding that he shall pay the fixed charges thereon. The premises are assessed for $ . In order to keep them in tenantable condition, it is estimated that approximately $ per annum would have to be spent for repairs. Taxes and water rent aggregate $ per year and interest on the first mortgage at 6 per cent. $ per year, leaving a net return of $ , which represents the interest on an equity of approximately $ . 6. On paid the said second mortgage on the said prem- ises which with the debt, interest and satisfaction fee, then amounted to the sum of $ , which amount with interest thereon from the said date she claims to have repaid to her out of the proceeds of the sale of said property herein prayed for. 7. Subject to the approval of your Honorable Court, the prem- ises above described have been sold at private sale to for 5 68 FORMS 63 the price or sum of $ in cash, that is, $ in cash sub- ject to a first mortgage of $ . 8. Your petitioner is of the opinion that the price offered for the said real estate is full and fair and better than could be ob- tained for the same at public sale and that it would be for the best interest and advantage of the estate of that the said be consummated in accordance with the terms hereinabove set forth; that the sale may be made without injury or pre- judice to any trust, charity or purpose for which the same is held and without the violation of any law which may confer an immunity or exemption from sale or alienation. 9. Your petitioner has been assured by two disinterested real estate experts, experienced in the values of properties in the neighborhood of those hereinabove referred to that the price offered for the same is full and fair and the best that could be obtained at public sale. Their affidavits to this effect are hereto annexed as Exhibits "A" and "B." 10. That all parties interested in the said estate as hereinabove set forth, are satisfied that the price offered for the said prem- ises is a full and fair one and better than could be obtained at public sale, and that the acceptance of the same will be for the best interests of the estate. The said parties have received notice of the intended presentation of this petition and have joined in the prayer thereof. 11. That the said premises are assessed for taxation in the sum of $ , as appears by the official certificate hereto an- nexe'd, marked Exhibit "C." 12. Your petitioner therefore prays your Honorable Court for leave and authority to convey the said premises for $ in cash, over and above a first mortgage of $ , to , free, clear and discharged of all trusts, claims and demands, the title of the purchaser to be in fee simple, indefeasible by any party or persons having a present or expectant interest in the premises and the purchase money to be in all respects substituted for the land sold and to be applied to the uses of the same persons for the same estate and the same interests that it is now held. And your petitioner will ever pray, &c. Guardian of the Estate of , a minor. FORMS 63 569 State of , County of , ss: , being duly sworn according to law, deposes and says that he is the petitioner herein and that the facts set forth in the foregoing petition are true to the best of his knowledge, infor- mation and belief. Sworn to and subscribed before me this day of , 1921. JOINDER. We, the undersigned, being all the parties interested in the estate of , a minor, hereby acknowledge that we have re- ceived notice of the intended presentation of the foregoing peti- tion and join in the prayer thereof. In the Orphans' Court of Philadelphia County. In re Estate of , a minor. Term, , No. . DECREE. And Now, to wit, this day of , 1921, on con- sideration of the annexed petition and the affidavits 'thereto attached and on motion of , attorneys for the petitioner, it appearing that it would be to the best interest and advantage of the estate of , a minor and all parties interested therein, that the premises described in the petition should be sold to , at private sale for the price or sum of $ in cash, under and subject to a first mortgage of $ ; that the said price is better than can be obtained at public sale and that the same may be done without injury or prejudice to any trust, charity or purpose for which the same is held and without the violation of any law which may confer an immunity or exemp- tion from sale or alienation, It is ordered and decreed that the said , Guardian of the estate of , a minor, is hereby authorized and directed to convey the said premises to the said , upon receipt of the said purchase price of $ , sub- ject to the necessary adjustment at the time of settlement of taxes and water rent among the persons entitled thereto and to the repayment to of the sum of $ , with interest 570 FORMS 63, 64 thereon from , the title of the purchaser to be a fee simple title, subject to certain building restrictions and subject to the said first mortgage of $ , indefeasible by any party or persons having a present or expectant interest in the said premises and unprejudiced by any error in the proceedings of the Court; security to be entered in the sum of $ . By the Court : J- 64. PETITION UNDER THE REVISED PRICE ACT BY GUARDIAN FOR LEAVE TO JOIN WITH OTHERS IN THE PRIVATE SALE OF REAL ESTATE TO AVOID PARTITION. 183. In the Orphans' Court of Philadelphia County. In the matter of the Estate of , a minor. Term, , No. . Petition for Leave to Join in the; Sale of Real Estate at Private Sale. To the Honorable, the Judges of the Said Court: The petition of The Company , Guardian of the Estate of , a minor, respectfully represents : 1. by indenture bearing date the day of , and recorded in the office for recording of deeds in and for the City and County of Philadelphia, in deed book , etc., granted and conveyed unto , (insert description) : being known as premises Street, Philadelphia. 2. being so seized of said premises died on the day of , intestate, leaving to survive her, her husband, and her daughter, , as her only heirs so that title to said premises is now vested in the said , and the said , each an undivided one-half share. 3. Your petitioner was duly appointed guardian of the estate of the said minor , by decree of your Honorable Court, dated . 4. is living and of full age. 5. Subject to the approval of your Honorable Court the prem- FORMS 64 571 ises above described have been sold at private sale to , for the price or sum of $ in cash. 6. Said premises consist of a lot feet inches by feet, on the northeast corner of and Streets, Philadel- phia, on which is erected a three-story brick dwelling, built about fifty years ago, containing twelve rooms and no modern improve- ments. The property is in rather poor condition and is now vacant. If placed in good condition with modern improvements, it would probably rent for approximately $ per month, but your petitioner is without funds in the estate of the said minor to provide the said improvements and it is the desire of your petitioner and the said , the only other party in in- terest, to sell the said premises and invest the proceeds so that an income will be available for the benefit of the said minor, rather than continue it in its present condition, whereby a very small rent could be obtained as against heavy fixed charges with a consequent loss to the estate of the said minor. 7. Your petitioner therefore is of the opinion that the price offered for the said real estate is full and fair and better than could be obtained for the same at public sale and that it would be for the best interest and advantage of the estate of the said minor, , that the said sale be consummated in accordance with the terms hereinabove set forth because the price offered is better than could be obtained at public sale and because it would be necessary to have partition proceedings to separate the ownership of the various persons interested and by making the sale to the said purchaser, the expense and delay of partition proceedings can be avoided, and that it is not likely that the prop- erty will increase in value within the time necessary for the par- tition proceedings, that the sale may be made without injury or prejudice to any trust, charity or purpose for which the same is held and without the violation of any law which may confer an immunity or exemption from sale or alienation. 8. Your petitioner has been assured by two disinterested real estate experts experienced in the values of properties in the neighborhood of those hereinabove referred to that the price offered for the same is full and fair and the best that could be obtained at public sale. Their affidavits to this effect are hereto annexed as Exhibits "A" and "B." 9. That all parties interested in the said estate as hereinabove set forth, are satisfied that the price offered for the said prem- 572 FORMS 64 ises is a full and fair one and beter than could be obtained at public sale and that the acceptance of the same will be for the best interests of the estate. The said parties have received notice of the intended presentation of this petition and have joined in the prayer thereof. 10. That the said premises are assessed for taxation in the sum of $ , as appears by the official certificate hereto an- nexed marked Exhibit "C." 11. Your petitioner has no power of sale and therefore pre- sents this petition to your Honorable Court to obtain its consent thereto. 12. Your petitioner therefore prays your Honorable Court for leave and authority to join in the sale and conveaynce of the premises herein described to the said , for the price or sum of $ , in cash ; said conveyance to vest the title in the pur- chaser in fee simple, freed and discharged of all trusts, contin- gencies and remainders and indefeasible by any party or per- sons having a present or expectant interest therein in accordance with the Act of Assembly in such case made and provided. And your petitioner will ever pray, etc. The Company , Guardian of the Estate of } , a minor, By State of Pennsylvania, City and County of Philadelphia, ss: being duly sworn according to law, deposes and says that he is of the corporation petitioner, and that the facts set forth in the foregoing petition are true and correct to the best of his knowledge, information and belief. Sworn to and subscribed before me this day of , 1921. In the Orphans' Court of Philadelphia County. In the matter of the Estate of , a minor. Term, , No. . FORMS 64, 65 573 DECREE. And Now, to wit, this day of a , 1921, on con- sideration of the annexed petition and affidavits thereto annexed and on motion of , attorneys for the petitioner, it appear- ing that it would be to the best interest and advantage of the estate of , a minor, that the premises described in the petition should be sold to at private sale for the sum of $ , in cash and that the said price is better than can be obtained at public sale and that the same may be done without injury or prejudice to any trust, charity or purpose for which the same is held and without the violation of any law 1 which may confer an immunity or exemption from sale or alienation, It is ordered and decreed that the said sale be confirmed and that the said The Company , Guardian of the Estate of , is hereby authorized and empowered to join in the sale and conveyance of the said premises, to wit, (description) : being known as premises Street, Philadelphia, to for the price or sum of $ , in cash; the title of the pur- chaser to be a fee simple title, indefeasible by any party or per- sons having a present or expectant interest in the said premises and unprejudiced by any error in the proceedings of the Court ; security to be entered in the sum of $ , and the bond of the said The Company , is hereby approved as such security. By the Court : 65. PETITION UNDER THE REVISED PRICE ACT BY TRUSTEE FOR LEAVE TO SELL AN IRRE- DEEMABLE GROUND RENT AT PRIVATE SALE. 183. In the Orphans' Court for the County of Philadelphia. In re Estate of , Deceased. - Term, - , No. - Petition for Leave to Sell Ground Rent at Private Sale. To the Honorable, the Judges of the Said Court: The petition of the Acme Trust Company, Trustee under the will of , Deceased, respectfully represents : 574 FORMS 6s 1. That , late of the City and County of Philadelphia, died , having first made and published his last will and testament, duly probated in the office of the Register of Wills in and for the County of Philadelphia. 2. In and by said will testator (here recite pertinent provisions of will) : A copy of the will of is annexed hereto and marked Exhibit "A" and made a part hereof. 3. (Recite here parties in interest and how acquired.) 4. That among the assets of the residuary estate of the above decedent is the following described irredeemable ground rent, to wit: (give here description in latest deed) : being the same ground rent that was acquired inter alia by the said by indenture bearing date the day of , and recorded at Philadelphia, in Deed Book , No. , page , etc., being now known as premises Street, in the City of Philadelphia. 5. That a sale of the aforesaid irredeemable ground rent has been made subject to the approval of your Honorable Court to , for the price or sum of $ in cash. 6. That although there is a power of sale under the will of , deceased, your petitioner is advised that said power does not cover the interest of , and her husband and the interest of , and his wife, purchased by your peti- tioner by virtue of proceedings duly had in this Court. This petition is therefore presented. 7. Your petitioner has been assured by real estate experts familiar with the values of real estate in the vicinity that the price or sum of $ is a full and fair price for the said ground rent and is more than could be obtained therefor at public sale. Their affidavits are attached hereto and made part hereof as Exhibits "B" and "C." 8. That the said property out of which the said ground rent is payable is assessed in the sum of $ , as will appear by the official certificate of the Board of Revision of Taxes hereto annexed as Exhibit "D." 9. That your petitioner is of the opinion that it is for the best interest and advantage of the said estate to sell the said ground rent as herein set forth. FORMS 65 575 10. That all of the parties in interest as hereinabove set forth have joined in the prayer of this petition. 11. That the said sale may be made without injury or preju- dice to any trust, charity or purpose for which the same is held and without the violation of any law which may confer immu- nity or exemption from sale or alienation. Wherefore your petitioner being without authority as afore- said to make sale of said ground rent without the order of your Honorable Court, makes this application under the Revised Price Act of 1917, and prays for leave and authority to sell, assign and convey the said ground rent hereinbefore described to , upon receipt of the purchase price of $ , said con- veyance to vest the title of the said ground rent in the said , freed and discharged of all trusts, contingencies and re- mainders and indefeasible by any party or persons having a present or expectant interest therein, in accordance with the provisions of the Act of Assembly in such case made and pro- vided. And your petitioner will ever pray, etc. ACME TRUST COMPANY, By Trustee under the Will of , Deceased. County of Philadelphia, ss: being duly sworn according to law, deposes and says that he is of the corporation petitioner, and that the facts set forth in the foregoing petition are true to the best of his knowledge, information and belief. Sworn to and subscribed before me this day of , 1920. JOINDER. We, the undersigned, being all parties presently interested in the estate of , acknowledge that we have received notice of the presentation of the foregoing petition and join in the prayer thereof. 576 FORMS 65 EXHIBIT "B." County of Philadelphia, ss: being duly sworn according to law, deposes and says that he is a real estate expert of years' experience; that he is familiar with the values of real estate in the city of Phila- delphia ; that he has examined the premises described in the fore- going petition and in his opinion the price or sum of $ , offered for the said ground rent is a full and fair price therefor, and more than could be obtained for the same at public sale. And further deponent saith not. Sworn to and subscribed before me this day of , 1920. EXHIBIT "C." County of Philadelphia, ss: being duly sworn according to law, deposes and says that he is a real estate expert of years' experience; that he is familiar with the values of real estate in the city of Phila- delphia ; that he has examined the premises described in the fore- going petition and in his opinion the price or sum of $ , offered for the said ground rent is a full and fair price therefor, and more than could be obtained for the same at public sale. And further deponent saith not. Sworn to and subscribed before me this day of , 1920. DECREE. And Now, to wit, this day of , 1920, upon con- sideration of the foregoing petition and on motion of , attorneys for the petitioner, it appearing that it will be to the interest and advantage of all the parties interested therein that the said ground rent, to wit: (repeat description here) : being now known as premises Street, in the city of Phila- delphia, should be sold to , for the sum of $ , in cash ; that the said sum is a better price than could be obtained at public sale; that the same may be made without injury or prejudice to any trust, charity or purpose for which the same is held and without the violation of any law which may confer immunity or exemption from sale or alienation, the Court grants FORMS 65, 66 577 the prayer thereof and authorizes and empower^ the Acme Trust Company, trustee under the will of , deceased, to sell, convey and assign the said ground rent to the said , upon receipt of the purchase price, the title of the purchaser to be a fee simple title, indefeasible by any party or persons having a present or expectant interest therein and freed and discharged of all remainders and unprejudiced by any error in the proceed- ings of the Court. Security to be entered in the sum of $ , the bond of the said Acme Trust Company is hereby approved as such security. By the Court : J. 66. PETITION UNDER THE REVISED PRICE ACT BY TRUSTEE FOR LEAVE TO ASSIGN AND EXTINGUISH AN IRREDEEMABLE GROUND RENT ON A THREE PER CENT. BASIS. 183. In the Orphans' Court of Philadelphia County. In the matter of the Estate of , deceased. Term, , No. . Petition for Leave to Assign and Extinguish Irredeemable Ground Rent. To the Honorable, the Judges of the Said Court: The petition of The Company , respectfully rep- resents : i. That died in , seized of all that certain yearly rent or sum of $ , lawful silver money of the United States of America, payable in equal half yearly payments on the first days of the months of and , in each and every year after the day of , forever, excepted and re- served out of (recite here description from last deed) : being known as and Street, and Street, Philadel- phia, which premises were conveyed by the said to , by indenture dated the day of , and "recorded in Philadelphia, in Deed Book , page , &c., and the said , in and by her will dated , duly probated in Philadelphia devised and bequeathed certain property therein 37 578 FORMS 66 mentioned, including the aforesaid ground rent to her trustees in trust for , for life with power of appointment and the said died , having first made, published and de- clared her last will and testament dated , a copy of which is hereto annexed marked Exhibit "A," duly probated in Phila- delphia County, as will , and- recorded in Will Book , page , and the said , in and by her said will did give, devise and bequeath property over which she had power of appointment, including said ground rent, to your petitioner in trust for the benefit of her daughters for life, subject to annui- ties of $ , each to her two sons with power in the daughters of continuing the trust for their children if they think proper and in further trust if any of her children should die leaving lawful issue then living, such children to take their respective parent's share. 2. The said was survived by her husband, , since deceased, and by five children, to wit: , all of whom are living and of full age, except , who died , intestate, unmarried and without issue. The surviving four children of the decedent have no issue so that they are the only parties inter- ested in this estate. 3. The present owner of the fee simple title to the said prem- ises is , who has offered to purchase and extinguish the said ground rent for the sum of $ , in cash and subject to the approval of your Honorable Court, your petitioner has agreed to assign and extinguish the said ground rent to the said for the price aforesaid which is on a basis of three per cent. 4. Your petitioner believes that it will be to the best interest and advantage of the estate of the said to assign and extinguish the said ground rent for the aforesaid consideration as by doing so the income to the estate can be practically doubled. 5. The said premises are assessed in the sum of $ , as will appear from the official certificate of the Board of Revision of Taxes hereto annexed marked Exhibit "B." 6. Your petitioner has been assured by two disinterested real estate experts familiar with the values of real estate in the vicinity of the premises that the sum of $ in cash is a full and fair price for the same and more than could be obtained there- for at public sale and their affidavits to this effect are attached hereto and made a part hereof as Exhibits "C" and "D." FORMS 66 579 7. That your petitioner, under the terms of the said will, is without authority to make sale of such ground rent without the consent of your Honorable Court and by reason thereof this petition is presented. Wherefore your petitioner prays for leave to sell and extinguish the ground rent hereinbefore described to , upon receipt of the purchase price, to wit: $ in cash; said conveyance to vest the title of the said ground rent in the said purchaser, freed and discharged of all trusts, contingencies and remainders, indefeasible by any party or persons having a present or expectant interest therein in accordance with the provisions of the Act of Assembly in such case made and provided. And your petitioner will ever pray, etc. THE COMPANY . By State of Pennsylvania, County of Philadelphia, ss: being duly sworn according to law, deposes and says that he is the of the corporation petitioner, and that the facts set forth in the foregoing are true to the best of his knowl- edge, information and belief. Sworn to and subscribed before me this day of , 1921. JOINDER. We, the undersigned, being all the parties interested in the estate of , deceased, hereby acknowledge that we have re- ceived notice of the presentation of the foregoing petition and join in the prayer thereof. EXHIBIT "C." State of Pennsylvania, County of Philadelphia, ss: being duly sworn according to law, deposes and says that he is a real estate expert of years' experience; with an office at , Philadelphia; that he is familiar with the values of real estate in the City of Philadelphia; that he has examined the premises described in the foregoing petition and in his opinion the price or sum of $ in cash offered for the 580 FORMS 66 ground rent reserved thereout is a full and fair price therefor, and more than could be obtained for the same at public sale. And further deponent saith not. Sworn to and subscribed before me this day of , 1921. In the Orphans' Court of Philadelphia County. In the matter of the Estate of , deceased. Term, , No. . DECREE. And Now, to wit, this day of 1921, upon considera- tion of the annexed petition and affidavits thereto attached, and on motion of , attorneys for the petitioner, it appearing that it will be to the interest and advantage of the estate of , deceased, that the said yearly rent of $ , lawful silver money, payable half yearly on the first days of the months of and , in each and every year after the day of , forever, excepted and reserved out of (description of property) : being known as and Street, and Street, should be sold, assigned and extinguished to for $ in cash and it further appearing that the same may be made with- out injury or prejudice to any trust, charity or purpose for which the same is held and without the violation of any law which may confer an immunity or exemption from sale or alienation and that the said sum of $ in cash is a better price than could be obtained for the same at public sale, It is ordered and decreed that the said sale by The Company , Trustee under the will of , deceased, as aforesaid, be and the same is hereby confirmed and the said The Company , Trustee as aforesaid, is hereby authorized and em- powered, upon receipt of said sum of $ , and all arrear- ages of ground rent to the day of settlement, to convey the said ground rent to , the title of the purchaser to be in fee simple, indefeasible by any party or persons hav- ing a present or expectant interest in the said premises and unprejudiced by any error in the proceedings of the Court; secu- FORMS 66, 67 581 rity to be entered in the sum of $ , and the bond of the said The Company , is hereby approved as such security. By the Court : J- 67. PETITION UNDER THE REVISED PRICE ACT BY A GUARDIAN FOR THE APPOINTMENT OF A TRUSTEE TO MAKE PRIVATE SALE OF REAL ESTATE IN WHICH THE MINOR HAS AN INTEREST. 185. In the Orphans' Court of Philadelphia County. In the matter of the Estate of , deceased. Term, , No. . Petition for Appointment of Trustee to Make Sale of Real Estate Under the Revised Price Act of 1917. To the Honorable, the Judges of the Said Court: The petition of respectfully represents: 1. , the above decedent, died , intestate, leaving to survive her her husband, , your petitioner and one child, a minor, , and no other children or issue of deceased children. 2. That Trust Company has been duly appointed guardian of the estate of the said minor by your Honorable Court. 3. The said decedent died seized and possessed of (describe property) : under and subject to certain building restrictions therein men- tioned and also subject to the payment of a certain mortgage debt or principal sum of $ , together with interest thereon as therein mentioned, said premises being known as Street, Philadelphia, and being the same premises that by deed dated , and recorded at Philadelphia, in Deed Book , page , &c., granted and conveyed unto the said in fee. 4. Title to the said premises is vested in the said minor subject to the life estate of her father, . 5. Subject to the approval of your Honorable Court, the prem- ises above described have been sold at private sale to , for 582 FORMS 67 the price or sum of $ , payable $ in cash and $ at the expiration of five years, secured by a bond and mortgage in the usual form with interest at 6, per cent, per annum, said mortgage of $ now on said premises with interest accrued thereon to be paid out of said purchase price at time of settle- ment. 6. Your petitioner is of the opinion that the price offered for the said real estate is full and fair and better than could be obtained for the same at public sale and that it would be for the best interest and advantage of the estate of the said minor that the said sale be consummated in accordance with the terms here- inabove set forth because the price offered is better than could be obtained at public sale, that the sale may be made without injury or prejudice to any trust, charity or purpose for which the same is held and without the violation of any law which may confer an immunity or exemption from sale or alienation. 7. Your petitioner has been assured by two disinterested real estate experts experienced in the values of properties in the neighborhood of that hereinabove referred to that the price offered for the same is full and fair and the best that could be obtained at public sale. Their affidavits to this effect are hereto annexed as Exhibits "A" and "B." 8. That the only party interested in the said estate of the said decedent other than your petitioner, to wit : the said minor, by her guardian is satisfied that the price offered for the said premises, payable as aforesaid, is a full and fair one and better than could be obtained at public sale and that the acceptance of the same will be for the best interest and advantage of the estate of the said minor. The said minor by her guardian has received notice of the intended presentation of this petition and has joined in the prayer thereof. 9. That the said premises are assessed for taxation in the sum of $ as appears by the official certificate hereto annexed marked Exhibit "C." 10. Your petitioner presents this petition to your Honorable Court under Section 6 of the Revised Price Act of 1917, for the confirmation of said sale and the appointment of a trustee to make sale of the said premises and to receive and hold the pro- ceeds of said sale in trust for the parties in interest therein until FORMS 67 583 the termination of your petitioner's life estate and thereupon to pay over the principal sum to the person or persons entitled thereto. Wherefore your petitioner prays: 1 . That said private sale to be confirmed. 2. That The Company , be appointed trustee to carry out the said sale and convey the said premises. 3. That the said The Company , be authorized, empowered and directed as such trustee to convey the said prem- ises hereinabove set forth to the said for the price or sum of $ , payable $ in cash and $ at the expiration of five years, secured by a bond and mortgage in the usual form with interest at 6 per cent, per annum, said mortgage of $ now on said premises with interest accrued thereon to be paid out of said purchase price at time of settlement, and to receive and hold the proceeds of such sale in trust for the parties in interest therein and 1 invest the same in investments authorized by law and pay the interest thereof as it shall accrue to for life until the said life estate shall have terminated and thereupon to pay over the principal sum to the person or persons entitled to such remainder, the title of the purchaser to be indefeasible by any persons, ascertained or unascertained, or any person or class of persons mentioned in this petition or decree and having a present or expectant interest in the premises and unprejudiced by any error in the proceedings of the Court. And your petitioner will ever pray, &c. State of Pennsylvania, County of Philadelphia, ss: being duly sworn according to law, deposes and says that he is the petitioner herein and that the facts set forth in the foregoing petition are true to the best of his knowledge, informa- tion and belief. Sworn to and subscribed before me this day of , 1921. 584 FORMS 67 JOINDER. I, the undersigned, being the only party interested in the prem- ises referred to in the foregoing petition, other than your peti- tioner, hereby acknowledge that I have received notice of the intended presentation of foregoing petition and join in the prayer thereof. By Guardian. EXHIBIT "A." Commonwealth of Pennsylvania, City and County of Philadelphia, ss: Personally appeared , who, being duly sworn according to law, deposes and says that he is a real estate expert of years' experience, now engaged in business at ; that during said period he has been engaged in actively carrying on his profession in the County of Philadelphia ; that he is familiar with the values of real estate in the vicinity of the real estate referred to in the foregoing petition; that he has examined the premises therein described and as the result of said examination is of the opinion that the sum of $ , payable as in said peti- tion set forth, represents the full market value of the said prem- ises and is a greater price than could be obtained for the same at public sale, and that a sale thereof at the said price would be to the best interest and advantage of said estate. Sworn to and subscribed before me this day of , 1921. In the Orphans' Court of Philadelphia County. In the matter of the estate of , deceased. Term, , No. . DECREE. And Now, to wit, this day of , 1921, upon con- sideration of the annexed petition and on motion of , attorneys for the petitioner, it appearing that it will be to the interest and advantage of the estate of , a minor, and all FORMS 67 585 parties interested in the estate of , deceased, that the said premises, to wit (description) : under and subject to certain building restrictions therein men- tioned and also subject to the payment of a certain mortgage debt or principal sum of $ , together with interest thereon as therein mentioned, said premises being known as Street, Philadelphia, should be sold to for $ , payable $ in cash and $ at the expiration of five years, se- cured by a bond and mortgage in the usual form, with interest at 6 per cent, per annum, said mortgage of $ now on said premises with interest accrued thereon to be paid out of said purchase price at time of settlement ; that the said sum of $ is a better price than could be obtained at public sale, that the same may be made without injury or prejudice to any trust, charity or purpose for which the same is held and without the violation of any law which confer an immunity or exemption from sale or alienation, It is hereby ordered and decreed: 1. That the said private sale to be and the same hereby is confirmed. 2. That The Company , be and the same is hereby appointed trustee to carry out the said sale and convey the said premises. 3. That the said The Company , be and the same is hereby authorized, empowered and directed as such trustee to convey the said premises hereinabove set forth to the said for the price or sum of $ , payable $ in cash and $ at the expiration of five years, secured by a bond and mortgage in the usual form, with interest at 6 per cent, per annum, said mortgage of $ now on said premises with interest accrued thereon to be paid out of said purchase price at time of settlement and to receive and hold the proceeds of such sale in trust for the parties in interest therein and invest the same in investments authorized by law and pay the interest thereof as it shall accrue to , for life until the said life estate shall have terminated and thereupon to pay over the principal sum to the person or persons entitled to such remainder, the title of the purchaser to be indefeasible by any person, ascertained or unas- certained or any person or class of persons mentioned in the fore- going petition or this decree and having a present or expectant interest in the premises and unprejudiced by any error in the 586 FORMS 67, 68 proceedings of the Court; security to be entered in the sum of $ , and the bond of the said The Company , is hereby approved as such security. By the Court : J- 68. PETITION UNDER THE REVISED PRICE ACT BY TRUSTEES FOR LEAVE TO SELL REAL ESTATE AT PRIVATE SALE AND BY A CO- TRUSTEE TO PURCHASE AT SUCH SALE. 202. In the Orphans' Court of Philadelphia County. In the matter of the Estate of , deceased. Term, , No. . Petition by Trustees for Leave to Sell Real Estate at Private Sale, and by Co-Trustee to Purchase at Such Sale. To the Honorable, the Judges of the Said Court: The petition of , Trustee, and , substituted Trustee, under the last will of , deceased, respectfully represents : 1. That the said decedent, , died on the day of , having first made, published, and declared his last will and testament, a copy of which is annexed hereto as Exhibit "A," dated , duly probated in the office of the Register of Wills, of Philadelphia County, wherein and whereby he did devise and bequeath the residue of his estate to his trustees in trust after the death of his wife, , (she died ), to (recite terms of trust) : 2. That the decedent nominated the Company , and , as trustees and the said Company renounced its right to act as such trustee, and by decree of your Honorable Court dated , it was discharged as such trustee and was appointed substituted and co-trustee in its place and stead. That among the assets of the said decedent are premises Avenue, , Philadelphia, occupied and used in part by the said , trading as . That the said desires to purchase the said property from the estate for the price or sum of $ , but being a purchase FORMS 68 587 by a trustee at his own sale, the power of sale given the trustee under the will is inoperative and it is necessary that he obtain the approval of your Honorable Court in so doing. 3. That among the assets of the said estate are the following described parcels of real estate in the City of Philadelphia (de- scribe them) : 4. Parcels I to 9 hereinabove recited now comprise one lot of ground fronting feet on Avenue, and extending feet along Street, and are occupied by one large four-story brick building occupied by the . Parcels 10 and 16 to 20 inclusive, comprise one property front- ing on Street, and extending through to Street, feet, and are occupied by a stable and garage used in connection with the said . Parcels n to 15 above described are five small lots, each con- taining a two-story brick cottage with frame fronts and frame enclosed sheds set back from the street with front and side yards. In the property all the machinery, fixtures and equip- ment are owned by , individually as a part of the business of the , of which he is sole proprietor. The real estate is rented in connection with the for $ per annum, from which is payable taxes The stable and garage are for $ per annum, , and insurance $ . Street are now idle, but at an annual rental of $ , and insurance rented in connection with the from which is payable taxes The 5 cottage properties on heretofore rented at $ per annum, from which has been payable taxes $ , insurance $ , and repairs on an average of $ per annum, so that the total income from all sources derived from the real estate herein described has been $ , and the annual carrying charges $ per year, not including the interest on the mortgage of $ , held by the Trust Company on the said real estate at , so that the net rent of the properties clear of encumbrances would be $ per annum, which is on a valuation of $ . 5. Premises to Avenue (parcels i to 9), are assessed at $ , as shown by the official certificate hereto annexed as Exhibit "B." Premises Street (parcels 10 and 1 6 to 20), are assessed at $ , as shown by the official certificate hereto annexed as Exhibit "G." Premises 588 FORMS 68 Street (parcels n to 15), are assessed at $ , as shown by the official certificate hereto annexed as Exhibit "D." 6. The said was survived by (recite parties) : 7. All of said parties in interest, the same being all the parties having any interest in this estate have received notice of the in- tended presentation of this petition, and have joined in the prayer thereof. 8. , one of your petitioners, as before set forth, is the proprietor of the , which occupies and uses most of the premises hereinabove described in connection with its business. The boilers used in connection with the were installed in , and are about worn out so that it is necessary to replace the same and for this purpose if the property is to continue under its present management it will be necessary to build a power house on parcels n to 15, fronting on Street, but the estate has no funds with which to make the necessary repairs, improvements and additions to the premises in order to continue them in tenantable condition for the uses and purposes to which they are now devoted. The said has, therefore, offered to buy the real estate hereinabove described, clear of encum- brance, for the price or sum of $ , $ in cash and the balance of $ to be secured by a mortgage in the usual form, payable at years at . A settlement on this basis will net the estate approximately $ per annum, as against a net rent on the present investment of $ . 9. While the trustees have a power of sale under the will of the said decedent, one of the trustees desires to purchase at his own sale, and it is necessary that the consent of your Honorable Court be secured thereto. 10. Subject, therefore, to the approval of your Honorable Court, the premises hereinabove described together with the build- ings and improvements thereon erected have been sold at private sale to , for the price or sum of $ , clear of encum- brance, from which is to be paid the existing mortgage of $ , purchase price to be payable $ in cash and the balance at the expiration of years, to be secured by the bond and mortgage of the purchaser in the usual form at . 11. Your petitioners as trustees for the reasons hereinabove set forth are of the opinion that the price offered for the said real estate is full and fair and better than could be obtained for the FORMS 68 589 same at public sale, and that it would be for the best interest and advantage of the estate of , and the parties interested therein, that the said sale be consummated in accordance with the terms hereinabove set forth, because the price offered is better than could be obtained at public sale, and that the sale may be made without injury or prejudice to any trust, charity, or purpose for which the same is held and without violation of any law which may confer an immunity or exemption from sale or aliena- tion. 12. Your petitioners have been assured by two real estate ex- perts, unrelated to the parties, and unconnected with the estate, and having no interest whatever in the subject matter of this petition, and the said experts, being experienced in the values of property in the neighborhood of those hereinabove referred to, are of opinion that the price offered for the same as a whole is full and fair and better than could be obtained at public sale, and affidavits to this effect are hereto annexed as Exhibits "E" and "F." 13. That all parties interested in the said estate as hereinabove set forth are satisfied that the price offered for the said premises is a full and fair one and better than could be obtained at public sale, and that the acceptance of the same will be for the best interest and advantage of the said estate. 14. , one of your petitioners, therefore, prays your Hon- orable Court for leave and authority to purchase the premises hereinbefore set forth which are described as a whole as follows (description) : from the estate of , for the price or sum of $ , pay- able as aforesaid; and , substituted trustee under the will of , deceased, one of your petitioners, prays your Honor- able Court for leave and authority to sell and convey the said premises, , for the price or sum of $ , payable as hereinabove set forth, said conveyance to vest the title in the purchaser in fee simple, freed and discharged of all trusts, con- tingencies and remainders, and indefeasible by any party or per- sons having a present or expectant interest therein in accordance with the Act of Assembly in such case made and provided. And your petitioners will ever pray, etc. 590 FORMS 68 State of Pennsylvania, City of Philadelphia, ss: i and , being duly sworn according to law, depose and say that they are the petitioners herein and that the facts set forth in the foregoing petition are true and correct to the best of their knowledge, information and belief. Sworn to and subscribed before me this day of : , 1921. (Signatures.) JOINDER. We, the undersigned, being all the parties interested in the premises referred to in the foregoing petition, hereby acknowl- edge that we have received notice of the intended presentation of the foregoing petition and join in the prayer thereof. EXHIBIT "E." Commonwealth of Pennsylvania, City and County of Philadelphia, ss: Personally appeared , who, being duly sworn according to law, deposes and says that he is a real estate expert of years' experience; that he is now engaged in business in Phila- delphia; , that during the period above mentioned he has been actively engaged in carrying on his profession in the City and County of Philadelphia; that he is familiar with the values of real estate in the vicinity of the premises referred to in the foregoing petition; that he has examined the premises therein described and values them as follows (description of valuation) : and as a result of said examination is of the opinion that the sum of $ , payable $ in cash, and $ at the expira- tion of three years, secured by bond and mortgage in the usual form, at 6 per cent, per annum represents the full market value of the said premises, and is a greater price than could be obtained for same at public sale, and that a sale thereof at the said price would be to the best interests and advantage of the said estate. Sworn to and subscribed before me this day of , 1921. .FORMS 68 591 In the Orphans' Court of Philadelphia County. In re Estate of , deceased. Term, , No. . DECREE. And Now, the day of , on consideration of the foregoing petition and affidavits thereto annexed, it appearing that all of the cestuis que trustent and parties in interest have joined therein, and on motion of , counsel for the peti- tioners, it appearing that it will be to the interest and advantage of the trust under the will of the said , deceased, as well as to the interest and advantage of the said cestuis que trustent and all other parties in interest thereunder that the premises described in the foregoing petition, to wit, (description) : should be sold to , for the sum of $ , of which sum $ shall be secured by a purchase money mortgage on the above described premises as hereinafter set forth, and that the said price of $ is a better price than the same would bring at public sale, and it further appearing that the same may be done without injury or prejudice to any trust, charity or purpose for which the same is held and without the violation of any law which may confer immunity or exemption from sale or alienation ; It is ordered and decreed that , trustee, and , sub- stituted trustee under the will of , deceased, be and they are hereby authorized and empowered to sell and convey the said premises to the said , as an individual, for the price of $ , payable as follows : in cash the sum of $ , and the balance of $ to be secured by bond and mortgage in the usual form, payable at the expiration of years from the date thereof with interest thereon at per centum per annum, payable half yearly, said bond and mortgage to be given and executed by the said as an individual to , trustee and , substituted trustee under the will of , deceased, the said bond and mortgage to be held by the said trustees under the same trust and for the same uses and purposes and subject to the. same rights, title and estate as the said prem- ises have heretofore been held by the said trustees, with authority in the said trustees to pay out of the said settlement the present mortgage debt or principal sum of $ , now a valid and subsist- ing lien on the said premises, with interest thereon to the date of 592 FORMS 68 settlement, the title of the purchaser to be a fee simple title, inde- feasible by any party or persons having a present or expectant interest in the said premises, and unprejudiced by any error in the proceedings of the Court; the said trustees as aforesaid, first entering security as hereinafter directed. And it is further ordered and decreed that the said , one of the trustees as aforesaid, be authorized and permitted to pur- chase the above described premises from , trustee, and , substituted trustee as aforesaid, for the sum of $ , first paying the sum of $ in cash, and executing and deliv- ering to the said , trustee, and , substituted trustee as aforesaid, his purchase money bond and mortgage in the just sum of $ , in the usual form and containing provisions pro- viding for the payment of all taxes, water rents, insurance pre- miums and commissions, and having also previously delivered to the said , trustee, and , substituted trustee as afore- said, fire insurance policies in approved companies with the usual mortgagee clause thereto attached, in the sum of at least $ ; said bond and mortgage to be secured not only upon the above described premises, but also upon any addition thereunto made, and upon all boilers, engines, machinery and equipment now or hereafter belonging to the said , the mortgagor, located upon the abovd described premises or upon any addition or addi- tions hereinafter erected on said premises ; and upon his so doing to hold the said premises and any additions thereto, free and clear of any trusts for the estate of the said , deceased, for any parties or persons having a present or expectant interest in said premises or additions and unprejudiced by any error in the proceedings of the Court. And it is further ordered and decreed that , trustee, and , substituted trustee as aforesaid, are hereby authorized and empowered to execute and deliver to the purchaser, , as an individual, a deed of conveyance in fee simple, indefeasible by any party or persons having a present or expectant 1 interest in the said premises and unprejudiced by any error in the proceed- ings of the Court upon full compliance upon the part of the pur- chaser with the terms and conditions of the sale as hereinabove set forth. FORMS 68, 69, 70 593 The said , trustee, and , substituted trustee as aforesaid, are directed to enter security in the sum of $ . By the Court : J- 69. ELECTION OF WIDOWER TO TAKE UNDER WILL. 245. In the Orphans' Court of Philadelphia County. In re Estate of , deceased. Tprm Nn JL C 1 111, j -IN \J To Whom it May Concern: I, , widower of the above decedent, who died on the day of , having first made, published and declared her last will and testament, duly probated in the office of the Register of Wills of Philadelphia County, on , hereby elect to take under the terms of the said will. In Witness Whereof I have hereunto set my hand and seal this day of , A. D. . (Seal) Philadelphia County, ss: On this day of , A. D. , before me the subscriber, a notary public in and for the Commonwealth of Pennsylvania, residing in the City of Philadelphia, personally appeared , and acknowledged the foregoing election to be his act and deed and desired that the same might be recorded as such. Witness my hand and notarial seal the day and year last above written. Notary Public. 70. ELECTION OF WIDOW TO TAKE AGAINST WILL. 245. In the Orphans' Court for the County of Philadelphia. In re Estate of , deceased. Term, , No. . NOTICE OF ELECTION. To The Trust Company, Executor of last will and testa- ment of the said decedent. 38 594 FORMS 70, 71 To Register ofi Wills and Clerk of the Orphans' Court of Phila- delphia. To Legatees, Devisees and Creditors of the above Estate. You will please take notice that I, , widow of the said , deceased, do hereby elect to take against the will of the said decedent, and in lieu thereof to take and receive my share of said estate under the Intestate Laws, and would request you to record and file this notice in accordance with the Act of As- sembly in such case made and provided. (Seal) Commonwealth of Pennsylvania, City and County of Philadelphia, ss: On this day of , before me the subscriber, a Notary Public in and for the Commonwealth of Pennsylvania, and residing in , personally appeared the above named , widow of , deceased, and in due form of law acknowledged the said notice of her election to be her act and deed for the purposes therein mentioned, and desired that the same might be recorded as such. Witness my hand and Notarial seal the day and year aforesaid. 71. PETITION TO THE REGISTER TO REVOKE LETTERS OF ADMINISTRATION UPON THE DISCOVERY OF A WILL 264. In the Register's Court of Philadelphia County. Estate of , deceased. Administration No. . PETITION TO REVOKE LETTERS OF ADMIN- ISTRATION. To the Honorable, , Register of Wills, of Phila- delphia County: The petition of Trust Company respectfully rep- resents : i. That , a citizen of the United States of America, and resident of Philadelphia County, State of Pennsylvania, departed this life at No. Street, in the County of Philadelphia, and State of Pennsylvania, on or about , the day of 2. That the said was buried on the afternoon of FORMS 71 595 3. That on , the Register of Wills of Philadelphia County, granted letters of administration on the estate of to , upon a petition presented by her, stating that said had died intestate, and that she, , was his widow and sole heir. 4. That at least two short certificates have been issued by the Register to said . 5. That the said left a last will and testament, which was found in his safe deposit box at the Trust Company, when opened by your petitioner, at request of and in the presence of , to look for a will. 6. That said last will and testament, a copy of which is hereto annexed, has been duly filed with the Register by your petitioner. 7. That in and by said last will and testament, the decedent nominated, constituted and appointed your petitioner, Trust Company, his executor. And your petitioner therefore prays that citation should be issued to said , to show cause why letters of administra- tion should not be revoked. And your petitioner will ever pray, &c. Trust Company, Per- Trust Officer. County of Philadelphia, ss: being duly sworn, deposes and says : I am Trust Officer of Trust Company, the above petitioner, and am authorized to make this affidavit on 1 its behalf, and that the facts set forth are true to the best of my knowledge, information and belief. Sworn and subscribed to before me this day of , 1920. (Signature.) DECREE. And Now, to wit, this day of , on consideration of the within petition and on motion of , attorneys for the petitioner it is hereby ordered and decreed that a citation issue directed to , individually and as administratrix of the estate of , deceased, to show cause why letters of admin- 596 FORMS 71, 72 istration heretofore issued to her, No. , of , on , should not be revoked and the last will and testament of the said dated , be probated and letters testa- mentary thereon granted to the Trust > Company, the executor named therein, returnable . Register of Wills of Philadelphia County. 72. PETITION TO REGISTER FOR CITATION ON PARTY IN CUSTODY OF WILL TO PRESENT SAME FOR PROBATE OR ON FAILURE THERE- OF TO SHOW CAUSE WHY LETTERS OF AD- MINISTRATION SHOULD NOT BE GRANTED. 267. In re Estate of , deceased. - Term, , Xo. . PETITION FOR CITATION FOR LETTERS TESTA- MENTARY OR OF ADMINISTRATION. To the Honorable , Register of Wills of County : The petition of , respectfully represents : 1. , the above decedent, died on the day of , while temporarily sojourning in . 2. At the time of the death of the said decedent his family residence was at , Pennsylvania. 3. The said decedent was survived by no children or issue of deceased children and your petitioner, his widow, is his sole heir. 4. Prior to the death of the said decedent, to wit, on the day of , he made, published and declared his last will and testament, a copy of which is annexed hereto, wherein and whereby he appointed , his father, of , New York, Executor of his estate. 5. The said decedent at the time of his death was seized of certain personal property, to wit : money on deposit in the Trust Company and stock in the Building and Loan Asso- ciation, to collect which it is necessary that letters be granted in this jurisdiction. 6. That the said , executor nominated under the will of the said decedent has neglected and refused and still neglects and refuses to qualify as executor. The said has in his FORMS 72 597 possession the will of said decedent and has neglected and refused and still neglects and refuses to produce the same before you for probate. Wherefore your petitioner prays that a citation may issue directed to the said , to show cause why he should not appear before the Register of Wills of County, Pennsyl- vania, with the will of said decedent and qualify as executor of the estate of the said , deceased, failing which, to show cause why letters of administration should not be granted to , widow of the said decedent to administer the assets of the said decedent in Pennsylvania. And your petitioner will ever pray, etc. State of , County of being duly sworn according to law, deposes and says that she is the petitioner herein and that the facts set forth in the foregoing petition are true to the best of her knowledge, infor- mation and belief. Sworn to and subscribed before me this day of , 1921. DECREE. And Now, to wit, this day of , 1921, upon con- sideration of the foregoing petition and on motion of , Esq., attorney for the petitioner, It is hereby ordered and decreed that the prayer thereof be granted and that a citation issue to , of , New York, to show cause why he should not appear before the Register of Wills of County, Pennsyl- vania, and produce the will of , deceased, and qualify as executor of the estate of the said , deceased, failing which, to show cause why letters of administration should not be granted to widow of the said decedent to administer the assets of the said decedent in Pennsylvania. By the Court : J. 598 FORMS 73 73. PETITION TO THE ORPHANS' COURT SUR AP- PEAL FROM REGISTER TO OPEN THE PRO- BATE OF A WILL AND ALLOW PROBATE OF AN AFTER-DISCOVERED CODICIL. 285. In the Orphans' Court of Philadelphia County. In the matter of the estate of , deceased. Term, , No. . PETITION SUR APPEAL FROM REGISTER TO OPEN PROBATE OF WILL AND ALLOW PROBATE OF CODICIL. To the Honorable, the Judges of the Said Court: The petition of The Company, , respectfully represents : 1. That the decedent died on the day of , a resi- dent of Philadelphia County, having first made, published and declared her last will and testament dated , and codicil thereto dated , which were duly probated by the Register of Wills, of Philadelphia County, on , and letters testa- mentary issued thereunder to your petitioner. Copy of said will and codicil are hereto annexed as Exhibit "A." 2. Since the probate of the said will and codicil an additional codicil has been found by your petitioner dated , a copy of which is annexed hereto as Exhibit "B." 3. Under the said will and first codicil, a statement of the parties in interest is as follows (list all parties in interest) : 4. All of said parties in interest are living except as above noted and are of full age with the exception of , a minor of whose estate, by decree of the Orphans' Court of Delaware County, dated , , has been appointed guardian ad litem to appear in these proceedings and is a minor of whose estate The Company , was appointed guardian by the Orphans' Court of Philadelphia County, on , as of . Term, , No. . 5. In order to secure the probate of the said codicil dated -, an appeal has been taken to your Honorable Court from the decision of the Register of Wills in the above estate, admitting to probate the said will dated , and codicil thereto dated FORMS 73 599 6. All parties in interest as above set forth have received notice of the intended presentation of this petition and have joined in the prayer thereof. Wherefore your petitioner prays that the said appeal be sus- tained and that a decree be entered authorizing and directing the Register of Wills of Philadelphia County, to admit to probate the said codicil dated , the original of which is now lodged of record in the office of the Register of Wills. And your petitioner will ever pray, etc. The Company, . By- State of Pennsylvania, County of Philadelphia, ss: , being duly sworn according to law, deposes and says that he is of the corporation petitioner and that the facts set forth in the foregoing petition are true to the best of his knowledge, information and belief. Sworn to and subscribed before me this day of , 1920. JOINDER. We, the undersigned, being all the parties interested in the estate of , deceased, acknowledge that we have received notice of the intended presentation of the foregoing petition and join in the prayer thereof. DECREE. And Now, to wit, this day of , upon considera- tion of the foregoing petition and upon motion of , attor- neys for the petitioner, It is hereby ordered and decreed that the prayer thereof be granted and the appeal of The Com- pany , from the decision of the Register of Wills in the estate of , admitting to probate a certain paper writing, being the last will and testament of the said decedent dated , and codicil thereto dated , is hereby sustained and the Register of Wills of Philadelphia County is hereby authorized, 6oo FORMS 73, 74 empowered and instructed to admit to probate a second codicil to the said will dated , upon legal proof of the proper ex- ecution of the same. By the Court : J. 74. PETITION FOR THE APPOINTMENT OF AN AD- MINISTRATOR D. B. N. C. T. A. WHERE THE DECEDENT HAS BEEN DEAD MORE THAN TWENTY-ONE YEARS. 356. In the Orphans' Court for the County of Philadelphia. In re Estate of , deceased. Term, , No. . To the Honorable, the Judges of the Said Court: The petition of respectfully represents : 1. The , late of the County of Philadelphia, died , 1866, having first made and published his last will and testament, wherein and whereby he appointed , Executors, to whom letters testamentary were duly granted by the Register of Wills. A copy of said will is hereto annexed. 2. That the said executors duly administered the said estate which came into their hands and have since died. 3. The residuary estate of decedent is held under this trust (give terms of will and outline parties in interest) : All of such parties thus entitled have received notice of the presentation of this petition and have joined in the prayer thereof. 5. Certain assets belonging to said estate not administered by the executors hereinabove referred to have now come to the attention of your petitioner, wherefore it is necessary that an administrator be appointed to administer same. Wherefore your petitioner, showing to your Honorable Court that the said having died more than twenty-one years ago and that letters of administration de bonis non cum testamento annexe can only be granted upon his estate by the Register of Wills of Philadelphia County, when so authorized and directed by your Honorable Court, pray your Honorable Court to authorize the said Register of Wills of Philadelphia County, to grant letters FORMS 74, 75 601 of administration de bonis non cum testamento annexe to such person or persons as are now entitled to the same in accordance with the Act of Assembly in such case made and provided. And your petitioner will ever pray, etc. County of Philadelphia, ss: , being duly sworn according to law, deposes and says that she is the petitioner above named and that the facts set forth in the foregoing petition are true and correct to the best of her knowledge, information and belief. Subscribed and sworn to before me this day of , 1918. Notary Public. JOINDER. We, the undersigned, being all the parties interested in the estate of , deceased, hereby acknowledge that we have received notice of the intended presentation of the foregoing petition and join in the prayer thereof. (Signatures.) DECREE. And Now, to wit, this day of , upon considera- tion of the foregoing petition and on motion of , attorneys for petitioner, it is ordered, adjudged and decreed that the prayer of the said petition be granted, and the Register of Wills of Philadelphia County, be and he is hereby authorized to grant letters of administration de bonis non cum testamento annexe on said estate of , deceased, to such person or persons as may be entitled thereto under the Act of Assembly of the Com- monwealth of Pennsylvania, in such case made and provided. J- 75. PETITION BY GUARDIAN FOR REDUCTION OF SECURITY ON HIS BOND. 389. In the Orphans' Court of Philadelphia County. In re Estate of , minors. Term, , No. . 6b2 FORMS 75 t To the Honorable, the Judges of the Said Court: The petition of -, guardian of the estates of , minors, respectfully represents: 1. That your petitioner was duly appointed guardian of the estates of the above minors by decree of your Honorable Court, dated , wherein security was directed to be entered in the sum of $ . 2. That the amount of this security was fixed upon the incor- rect presumption that each of said minors would be entitled to approximately $ as their proportionate share of the estate of , deceased. 3. Schedules of distribution have now been filed in connection with the three adjudications of the Honorable , sur the trust accounts filed in the estate of deceased, as of , and it now appears that each minor is entitled to the sum of $ , or a total of $ . 4. Wherefore your petitioner prays that the security directed to be entered by him be reduced from $ to $ . And he will ever pray, etc. Guardian of the Estates of , Minors. State of Pennsylvania, County of , ss: , being duly sworn according to law, deposes and says that the facts set forth in the foregoing petition are true to the best of his knowledge, information and belief. Sworn to and subscribed before me this day of , 1920. JOINDER. I, the undersigned, , mother and next of kin of the said minors, hereby acknowledge that I have received notice of the intended presentation of the foregoing petition and join in the prayer thereof. FORMS 75, 76 603 DECREE. And Now, to wit, this day of , upon considera- tion of the foregoing petition, It is hereby ordered and decreed that the security heretofore required to be entered by , guardian of the estates of , minors, in the aggregate sum of $ , is hereby reduced to the sum of $ , and that one bond be filed by the said guardian and the Surety Company, of , is hereby approved as surety on the said bond. By the Court : 76. PETITION FOR WIDOW'S EXEMPTION IN CASH. 403- In the Orphans' Court for the County of Philadelphia. In re Estate of , deceased. Term, , No. . PETITION FOR WIDOW'S EXEMPTION. To the Honorable, the Judges of the Said Court: The petition of , respectfully represents : 1. That departed this life on the day of , leaving to survive him , his widow, your petitioner, and one child, , who is of full age, the said decedent having first made and published his last will and testament dated , copy of which is attached hereto, duly probated in the office of the Register of Wills for the County of Philadelphia, and letters testamentary upon his estate were granted to The Com- pany , the alternative executor named in said will, , and , the other executors, having predeceased the testator. 2. That your petitioner has elected to retain as widow of the said , deceased, from and out of the personal property of the said decedent the sum of $500 in cash, and prays that the said sum may be set apart and awarded to her under Sec. 12 of the Fiduciaries Act of June 7, 1917, P. L. 447. And your petitioner will ever pray, etc. Petitioner. 604 FORMS 76, 77 County of Philadelphia, ss: , being duly sworn according to law, deposes and says that she is the petitioner above named and that the facts set forth in the foregoing petition are true and correct to the best of her knowledge, information and belief. Sworn to and subscribed before me this day of , A. D. 1919. Notary Public. Commission expires . In the Orphans' Court for the County of Philadelphia. In re Estate of , deceased. Term, , No. . DECREE. And Now, to wit, this day of , on presentation of proof of publication, and no exceptions thereto having been filed, It is ordered and decreed that the sum of $500 be set apart for and retained by , widow of the said decedent, out of the cash belonging to the decedent at the time of his death. By the Court : J- 77. PETITION BY TRUSTEE FOR LEAVE TO EXE- CUTE A LEASE OF REAL ESTATE FOR TEN YEARS. 497. In the Orphans' Court of Philadelphia County. In re Estate of , deceased. Term, , No. . To the Honorable, the Judges of the Said Court: The petition of the Trust Company, , under the will of , deceased, respectfully represents : i. That , late of the City and County of Philadelphia, died , having first made and published his last will and testament, duly probated in the office of the Register of Wills in and for the County of Philadelphia. FORMS 77 605 2. In and by said will testator gave his residuary estate to your petitioner, in trust (recite terms of trust) : 3. (Here show the parties in interest.) 4. That among the assets of the residuary estate of the said decedent is the following described real estate, to wit: (descrip- tion) : 5. With the consent of the parties in interest and subject to the approval of your Honorable Court, your petitioner has agreed to execute a lease of the premises hereinabove described as of the day of , with , for the term of ten years, to commence and be computed from the day of , at the annual rent of $ , payable monthly in advance in equal payments of $ , on the first day of each and every month. Copy of the lease suggested is hereto annexed marked Exhibit "B." 6. The assessed value of the said premises is $ , and the estimated annual return on the assessed valuation of the prop- erty based on the said lease after deduction of fixed charges, amounts to $ per year, or a return of per cent. on the said value. 7. Your petitioner and all parties in interest who are sui juris believe that the execution of the said lease will be to the best interest and advantage of the estate and all parties interested therein either presently or in remainder. 8. That all of the parties in interest as hereinabove set forth have joined in the prayer of this petition either individually or by their attorney duly appointed and constituted for the purpose by letter of attorney duly recorded. 9. Under section 31 of the Fiduciaries Act of 1917, it is neces- sary that your petitioner apply to your Honorable Court for leave and authority to execute the said lease so that the same shall have the same force and effect as though the said lease were made by the beneficial owner or owners of the said property and he or they were sui juris and owned the property in fee. Wherefore your petitioner prays for leave and authority to execute a lease of premises (describing them) : to for the term of ten years to commence and be com- puted from the day of , for the annual rent or sum of $ , payable monthly in advance, in equal payments of on the first day of each and every month, said lease to 606 FORMS 77 be substantially the same in form as set forth in Exhibit "B" attached hereto. And your petitioner will ever pray, etc. 1 Trust Company, Trustee under the Will of , deceased. By State of Pennsylvania, City and County of Philadelphia, ss: , being duly sworn according to law, deposes and says that he is of the corporation petitioner, and that the facts set forth in the foregoing petition are true to the best of his knowledge, information and belief. Sworn to and subscribed before me this day of , 1921. JOINDER. We, the undersigned, being all the parties presently interested in the estate of , deceased, hereby acknowledge that we have received notice of the presentation of the foregoing peti- tion and join in the prayer thereof. In the Orphans' Court of Philadelphia County. In re Estate of , deceased. Term, , No. . DECREE. And Now, to wit, this day of , 1921, upon con- sideration of the annexed petition arid on motion of , attor- neys for the petitioner, it appearing from the facts set forth in the said petition that it would be just and equitable to execute the lease therein set forth, the Court grants the prayer of said peti- tion and authorizes and empowers the Trust Company, Trustee under the will of , deceased, to execute a lease of premises (describe them) : to , for the term of ten years to commence and be com- puted from the day of , for the annual rent or sum of $ , payable monthly in advance in equal payments FORMS 77, 78 607 of $ , on the first day of each and every month, said lease to be substantially the same in form as set forth in Exhibit "B" attached hereto, with the same force and effect as though the said lease were made by the beneficial owner or owners and he or they were sui juris and owned the property in fee; security to be entered in the sum of $ , and the bond of the said Trust Company is hereby approved as such security. By the Court : J- 78. PETITION BY TRUSTEE FOR LEAVE TO JOIN IN THE EXECUTION OF LEASE OF COAL AND MINERAL RIGHTS FOR A PERIOD EXCEED- ING FIVE YEARS 497, 624. In the Orphans' Court of Schuylkill County. In the matteij of the Estate of , deceased. Term, , No. . To the Honorable, the Judges of the Send Court: The petition of The Company, , and , surviving trustees under the will of , deceased, respect- fully represents: 1. That , late of the City of Philadelphia, Pennsylvania, died on the day of , having first made, published and declared his last will and testament dated , duly pro- bated in the office of the Register of Wills of Philadelphia County, a copy of said will being hereto annexed as Exhibit "A." 2. Decedent, by his will (recite terms of trust) : 3. (Recite parties in interest.) 4. Among the assets of the residuary estate of the said dece- dent is an undivided interest in a certain tract of coal land known as the , situated in Township, County, Pennsylvania, and an entire interest in another tract of coal land known as the , also situated in said township and State. 5. Subject to the approval of your Honorable Court your petitioners have agreed to lease the interest of the said estate in the said coal tracts to the Coal Company, a Pennsyl- vania corporation, for a period exceeding five years upon the 6o8 FORMS 78 terms and conditions set forth at length in copies of the said leases hereto annexed as Exhibits "B" and "C" respectively. 6. Your petitioners have been advised and believe that it will be to the best interest and advantage of the estate of the said decedent and those financially interested therein that they join with the other parties in interest in the leasing of the Tract and execute and deliver a lease to the Tract, said leases to be substantially similar in form to those hereinabove referred to, copies of which are annexed hereto and have agreed so to do, subject to the approval of your Honorable Court, but under the terms of Sec. 31 of the Fiduciaries Act of 1917, they have no authority to do so without the consent of your Honor- able Court first had and obtained. 7. All parties in interest under and by virtue of the terms of the will of the said decedent have received notice of the intended presentation of this petition and have joined in the prayer thereof. 8. Wherefore your petitioners pray your Honorable Court for leave and authority to join with the other parties in interest in the execution of a lease substantially similar in form to that annexed hereto as Exhibit "B", to the Coal Company, covering the Tract in Township, County, Pennsylvania, and to execute and deliver a lease substantially similar in form to that annexed hereto as Exhibit "C" to the Coal Company, covering the Tract in Township, County, Pennsylvania. And your petitioners will ever pray, etc. The Company, . By Surviving Trustees under the Will of , deceased. State of , County of , ss: being duly sworn according to law, deposes and says that he is of the corporation petitioner, and that the facts set forth therein are true to the best of his knowledge, informa- tion and belief. Sworn to and subscribed before me this day of , 1920. FORMS 78, 79 609 JOINDER. We, the undersigned, being all the parties in interest in the estate of , deceased, hereby acknowledge that we have received notice of the intended presentation of the foregoing petition and join in the prayer thereof. (Signatures.) DECREE. And Now, to wit, this day of , 192 , upon consideration of the foregoing petition, it appearing that it will be to the interest and advantage of the estate of , that the leases hereinafter referred to should be executed and it appearing that the said leases may be made without injury or prejudice to any trust, charity or purpose for which the premises therein let are held and without the violation of any law which may confer an immunity or exemption from sale or alienation, It is hereby ordered and decreed that The Company, and , surviving trustees under the will of , deceased, be and the same are hereby authorized and empowered to join with the other parties in interest in the execution and delivery of a lease substantially similar in form to that annexed hereto to the Coal Company covering the Tract in Township, County, Pennsylvania, and It is hereby ordered and decreed that The Company and be and the same are hereby authorized and empowered to execute and deliver a lease substantially similar in form to that annexed hereto to the Coal Company covering the Tract in Township, County, Pennsylvania ; security to be entered in the sum of $ , and the bond of the said The Company , is hereby approved as such security. By the/ Court : J. 79. PETITION BY TRUSTEE FOR LEAVE TO PUR- CHASE REAL ESTATE WITH UNINVESTED PRINCIPAL. 529. In the Orphans' Court for the County of Philadelphia. In re Estate of , deceased. Term, - , No, = . 39 610 FORMS 79 To the Honorable, the Judges of the Said Court: The petition of The Company , Trustee under the will of , deceased, respectfully represents: i- died on the day of , by his will, (a copy of which is attached hereto as Exhibit "A") on the death of his wife , and the attaining of his youngest child of the age of twenty-one, he directed (recite terms of trust) : 2. (Recite parties in interest.) 3. By adjudication of your Honorable Court dated , one-seventh of the fund was set aside to your petitioner in trust under the terms of said will for , daughter of the dece- dent, which fund now amounts to approximately $ . 4. The said life tenant, , is the lessee of premises No. Road, which has been occupied by her as her home for a number of years. She has recently been advised by the owners of said property that it is their intention to sell the same and because of the above facts, has requested your petitioner to pur- chase the said premises, more particularly hereinafter described, out of the moneys held in its hands as aforesaid for her benefit for life. 5. Your petitioner has, therefore, acting under and by authority of Section 41 (a) 2 of the Fiduciaries Act of 1917, and subject to the approval of your Honorable Court, entered into an agree- ment to purchase from , the owners thereof : (description) : for the price or sum of $ in cash. Title to the above premises to be good and marketable, free and clear of all encumbrances, liens, etc., and such as will be insured by the Trust Company of the City of Philadel- phia, at their usual rates, subject, nevertheless, to the following conditions and restrictions (recite conditions and restrictions) : 6. Your petitioner is informed and believes that the purchase of the said property, in view of the circumstances hereinbefore referred to, will be to the best interest and advantage of the estate of the said for whom your petitioner is Trustee and no change will be made in the course of succession by said investment as regards the heirs and next of kin of the cestui que trust and furthermore, such investment will not be contrary to the provisions contained in the said will. 7. Your petitioner has been assured by two disinterested real estate experts of the City of Philadelphia, familiar with values of FORMS 79 6il real estate in the vicinity of the premises hereinabove referred to, that the said price of $ for the premises herein described, is a fair one and that the same is a just and true valuation thereof and represents its present market value. Their affidavits to this effect are hereto annexed marked respectively Exhibit "B" and Exhibit "C." 8. The said premises are assessed for taxation by the City of Philadelphia in the sum of $ , as will appear from the certificate by the Board of Revision of Taxes hereto annexed marked Exhibit "D." 9. That the only parties interested as life tenants and in re- mainder in the said trust are , who is living and of full age and his one child to wit: , who is living and of full age and has no children. Both of said parties are earnestly desirous that the said sale shall be consummated. They have received notice of the intended presentation of this petition and have joined in the prayer thereof. Your petitioner, therefore, prays your Honorable Court for leave and authority as trustee under the will of , deceased, to purchase and acquire title in fee simple to the premises here- inabove described, known as from , under and subject to the restrictions hereinabove set forth and upon the execution of a good and sufficient deed for the said premises to pay the said the said price or sum of $ . And it will ever pray, &c. The Company , Trustee under the will of , deceased. By Commonwealth of Pennsylvania, City and County of Philadelphia, ss: Personally appeared , Trust Officer of said petitioner, who being duly sworn, deposes and says that the statements contained in the foregoing petition are true, to the best of his knowledge, information and belief. Sworn to and subscribed before me this day of , 1919. 6l2 FORMS 79 JOINDER. We, the undersigned, being the only parties interested as life tenants and remainderman under the will of , deceased, in the trust referred to in the foregoing petition, hereby acknowl- edge that we have received notice of the intended presentation of the said petition and join in the prayer thereof. (Signatures.) EXHIBIT "B." Philadelphia County, ss: On this day of , 191 , personally appeared before me, , who being duly , says that he is a real estate broker, residing in the City of Philadelphia; that he has for years been largely interested and engaged in the business of dealing in real estate in the City and County of Philadelphia, in the neighborhood in which the premises described in the foregoing petition are located ; that he is familiar with the values of real estate in said locality ; that he knows said premises well and that in his opinion the price or sum of $ , indi- cated in said petition as being the present value of said premises is a just and true valuation thereof, and that the same in his opinion represents their present market value. to and subscribed before me this day of , 1919. Notary Public. My commission expires on the day of , 1919. DECREE. And Now, to wit, this day of , 1919, upon con- sideration of the foregoing petition and on motion of , attorneys for the petitioner, It is hereby ordered and decreed that the prayer thereof be granted and that The Company , Trustee under the will of , deceased, for , is hereby authorized and empowered to purchase and acquire from a fee simple title in (description) : subject, nevertheless, to the following conditions and restrictions: (recite conditions and restrictions) : and upon the execution and deliver)' of a good and sufficient deed FORMS 79, 80 613 for the said premises to pay to the said therefor, the price or sum of $ . By the Court : J- 80. PETITION BY TRUSTEE FOR LEAVE TO PUR- CHASE REAL ESTATE REQUIRING AN IN- VESTMENT OF AN AMOUNT LARGER THAN THAT AUTHORIZED BY THE WILL. 529. In the Orphans' Court of Philadelphia County. In re Estate of , deceased. - Term, , No. . To the Honorable, the Judges of the Said Court: The petition of , surviving trustee under the will of , deceased, respectfully represents: 1. That died , having first made, published and declared her last will and testament dated (copy of which is annexed hereto as Exhibit "A"), duly probated in the office of the Register of Wills of Philadelphia County, on , whereunder and whereby she provided inter alia as follows: (recite terms of trust) : 2. Under said will your petitioner and were appointed trustees. The said died on the . 3. The said life tenant is living and intermarried with one -, and they have but one child, to wit, , a minor for whom The Company , is guardian. 4. The said has requested your petitioner to purchase for her use as a residence and home, a certain three-story stone dwelling and two-story two-car garage at the corner of Avenue and Avenue, Township, County, Pennsylvania, known and described as follows: (descrip- tion) : 5. The said premises can be purchased for the sum of $ , payable $ in cash and $ by the assumption of one or more mortgages in the usual form, bearing interest at the rate of 6 per cent, per annum and due at the expiration of three years. 6. Your petitioner has been assured by two disinterested real estate experts familiar with the value of property in the vicinity 614 FORMS 80 of the premises in question that the said price is a reasonable one and less than would have to be paid at public sale. 7. Your petitioner is informed and believes that the purchase of the said property, in view of the circumstances hereinbefore referred to, will be to the best interest and advantage of the estate of the said for whom your petitioner is trustee, and no change will be made in the course of succession by said investment as regards the heirs and next of kin of the cestui que trust and furthermore, such investment will not be contrary to the provisions contained in the said will. 8. The only parties interested in the said trust as hereinabove set forth, to wit, and The Company , Guardian of , have received notice of the intended presen- tation of this petition and have joined in the prayer thereof. 9. While your petitioner has the power under the said will, if the said should desire, that a house should be purchased for herself "to use the funds of her share of the trust estate to an amount not exceeding $ for such purchase," and though your petitioner deems it to be advisable to make such purchase, yet under the terms of the will he has not the power to make such purchase incumbered by a mortgage and therefore, having in hand certain moneys, the principal or capital whereof is to remain in his possession and under his control, acting under and by authority of Section 41 (a) 2 of the Fiduciaries Act of 1917, prays your Honorable Court for leave and authority as surviving trustee under the will of (his co-trustee having died as above set forth), to purchase and acquire title in fee simple to the premises hereinabove described under and subject to the restrictions hereinabove set forth and under and subject to a mortgage or mortgages aggregating $ in the usual form with interest at 6 per cent, due at the expiration of three years and upon the execution of a good and sufficient deed for the said premises, to pay therefor the said price or sum of $ in cash and thereafter to hold title to the same under the uses and trusts and with the powers conferred in and by virtue of the terms of the said will. And your petitioner will ever pray, &c. Surviving Trustee under the Will of , deceased. FORMS 80 615 State of , County of , ss: being duly sworn according to law, deposes and says that he is the surviving trustee under the will of , deceased, and that the facts set forth in the foregoing petition are true to the best of his knowledge, information and belief. Sworn to and subscribed before me this day of , 1920. JOINDER. We, the undersigned, being the only parties interested as life tenants and remaindermen under the will of , deceased, in the trust referred to in the foregoing petition, hereby acknowl- edge that we have received notice of the intended presentation of the said petition and join in the prayer thereof. EXHIBIT "B." County, ss: On this day of 1920, personally appeared before me , who being duly , says that he is a real estate broker ; that he has for years been largely interested and engaged in the business of dealing in real estate in the neighbor- hood in which the premises described in the foregoing petition are located ; that he is familiar with the values of real estate in said locality; that he knows said premises well and that in his opinion the price or sum of $ , indicated in said petition as being the present value of said premises is a just and true valuation thereof, and that the same in his opinion represents their market value and a less sum than would have to be paid for said premises, provided the same could be sold at public sale. to and subscribed before me this day of , 1920. DECREE. And Now, to wit, this day of , upon considera- tion of the foregoing petition and on motion of , attorneys for the petitioner, // is hereby ordered and decreed that the prayer thereof be granted and that , surviving trustee under the will of , deceased, is hereby authorized and) empowered to purchase and acquire a fee simple title in: (description) : -6 1 6 FORMS 80, 81 and to hold title to the same upon the uses and trusts and with the powers conferred upon him under the will of the said , and upon the execution and delivery of a good and sufficient deed for the said premises, to pay therefor the price or sum of $ and take title thereto under and subject to one or more mortgages aggregating $ , due at the expiration of three years with interest at 6 per cent. By the Court : J- 81. PETITION BY CREDITOR FOR CITATION ON EXECUTOR TO FILE AN ACCOUNT. 539. In the Orphans' Court of Philadelphia County. In re Estate of , deceased. Term, , No. -. To the Honorable, the Judges of the said Court: The petition of respectfully represents: 1. That died on , a resident of Philadelphia County, having first made, published and declared her last will and testament dated the day of , duly probated in the office of the Register of Wills of Philadelphia County, on , being Will No. , duly recorded in Will Book , page , wherein and whereby the said decedent did appoint her son, , of Street, Philadelphia, Executor to whom letters testamentary were duly granted by the said Register on the date aforesaid. 2. As set forth in the petition for letters testamentary the dece- dent died seized of personal property of the value of $ , and real estate, to wit: Street, Philadelphia, of a value of 3. No inventory has been filed by the said Executor, nor has he filed any accounting of his executorship in the office of the Register of Wills as required by law, though repeatedly requested so to dd by your petitioner. 4. Your petitioner is an undertaker engaged in business at Street, Philadelphia. 5. Your petitioner, at the request of the said Executor, attended to the burial of the said decedent and there is justly due and FORMS 81 617 owing to your petitioner a balance of $ on account of the cost of said burial. 6. The said Executor, , though repeatedly requested so to do by your petitioner has neglected and refused and still neglects and refuses to pay the said balance of $ due your petitioner as aforesaid. Wherefore your petitioner prays your Honorable Court for a citation directed to the said , Executor of the estate of , deceased, to show cause why he should not forthwith file an account as such Executor in the office of the Register of Wills of Philadelphia County, as required by law. And your petitioner will ever pray, etc. State of Pennsylvania, County of Philadelphia, ss: being duly sworn according to law, deposes and says that he is the petitioner herein and that the facts set forth in the foregoing petition are true and correct to the best of his knowl- edge, information and belief. Sworn to and subscribed before me this day of , 1921. In the Orphans' Court of Philadelphia County. In re Estate of , deceased. Term, , No. . DECREE. And Now, to wit, this day of ,1921, upon con- sideration of the annexed petition and on motion of , attor- neys/ for the petitioner, It is hereby ordered and decreed that the prayer thereof be granted and a citation is directed to be issued to , Executor of the estate of , deceased, to show cause why he should not forthwith file an account as such Ex- ecutor in the office of the Register of Wills of Philadelphia County, as required by law. Returnable sec. leg. By the Court : J- 618 FORMS 82 . 82. PETITION BY AN ACCOUNTANT FOR THE AP- POINTMENT OF AN AUDITOR IN COUNTIES HAVING NO SEPARATE ORPHANS' COURT. 550. In the Orphans' Court of Delaware County. In re Estate of , deceased. To the Honorable, the Judges of the Said Court: The petition of Company , Trustee under the will of , deceased, respectfully represents: 1. That it is trustee under the will of , deceased. 2. That as such trustee it filed its account in your Honorable Court on or about the day of . 3. On , said account was confirmed nisi and on the said account was confirmed absolutely. 4. Said account shows a balance of principal on hand for dis- tribution amounting to $ of principal and $ of in- come. 5. That before distribution can be made, it is necessary for the appointment of an auditor. Wherefore your petitioner prays your Honorable Court to appoint an auditor for the purpose afore- said. And your petitioner will ever pray, &c. By- Trustee under the Witt of , deceased. State of Pennsylvania, County of Philadelphia, ss: being duly sworn according to law, deposes and says that he is of the corporation petitioner and that the facts set forth in the foregoing petition are true to the best of his knowledge, information and belief. Sworn to and subscribed before me this day of , 1920. DECREE. And Now, to wit, this day of , 1920, upon con- sideration of the foregoing petition and on motion of and FORMS 82, 83 619 -, attorneys for the petitioner, the Court appoints Auditor of the estate of , deceased. By the Court : J- 83. PETITION TO OPEN AN ADJUDICATION BASED UPON AN ERRONEOUS STATEMENT OF FACT. In the Orphans' Court of Philadelphia County. In re Estate of - , deceased. - Term, - No. - . To the Honorable, the Judges of the Said Court: The petition of the - Company - , Executor of the estate of - , deceased, respectfully represents : 1. The decedent died - , having made his last will, a copy of which is annexed hereto as Exhibit "A," duly probated on - , on which the present letters were granted to your petitioner and leaving to survive him neither widow nor issue. 2. Decedent by his will gave certain specific and pecuniary legacies, all of which have been paid except the legacy to - of $ - , and the legacy to the Society - , of $ - . 3. Under a misapprehension of fact that - was living and that the Society - was a charitable organization in being and able to take, the first account of your petitioner was duly filed and called for audit before the Honorable - , President Judge, who filed an adjudication on - , awarding to --- the sum of $ -- , less tax and plus interest and award- ing to the Society - the sum of $ - , less tax and plus interest and this error was continued in the schedule of distribu- tion whereby each were awarded the sum of $ - . 4. As a matter of fact - predeceased the testator, whereby her legacy lapsed and should have been distributed among the residuary legatees and the Society - was never in existence or capable of taking the said legacy. 5. The parties now entitled to the residuary estate of the said decedent are as follows : (list them and show interest) : 6. Notice of the intended presentation of this petition has been given to the Attorney General of the Commonwealth of 620 FORMS 83 Pennsylvania and to the Auditor General of the Commonwealth of Pennsylvania, by his local representative, , Esq., and their joinder herein is annexed hereto. Wherefore your petitioner prays that the adjudication of the Honorable , dated , sur the first account of The Company , Executor of the estate of , de- ceased, be opened with respect to the award of $ , to the Society and the award of $ , to , for the purpose of review and that as thus reopened the same be referred to the Auditing Judge, for a re-audit of the said account as respects the said legacies and distribution of the same to the persons found entitled thereto. And your petitioner will ever pray, etc. The Company , Executor of the Estate of , deceased. By State of Pennsylvania, County of Philadelphia, ss: being duly sworn according to law, deposes and says that he is of the corporation petitioner and that the facts set forth in the foregoing petition are true and correct to the best of his knowledge, information and belief. Sworn to and subscribed before me this day of , 1921. JOINDER. I, the undersigned, acting herein for the Attorney General of the Commonwealth of Pennsylvania, hereby acknowledge that I have received notice of the intended presentation of the fore- going petition and join in the prayer therof. JOINDER. I, the undersigned, acting herein for the Auditor General of the Commonwealth of Pennsylvania, hereby acknowledge that I have received notice of the intended presentation of the fore- going petition and join in the prayer thereof. FORMS 83, 84 621 In the Orphans' Court of Philadelphia County. In re Estate of , deceased. Term, , No. . DECREE. And Now, to wit, this day of , 1921, upon con- sideration of the annexed petition and on motion of , attor- neys for the petitioner, It is hereby ordered and decreed that the prayer thereof be granted and that the adjudication of the Hon- orable , dated , sur the first account of The Company , Executor of the estate of , deceased, be opened with respect to the award of $ to the Society , and the award of $ to for the purpose of review and that as thus reopened the same be referred to the Auditing Judge, , for a re-audit of the said account as respects the said legacies and distribution of the same to the persons found entitled thereto. By the Court : J. 84. PETITION FOR THE REVIEW OF AN ADJUDICA- TION BY A KNOWN CREDITOR WHO WAS GIVEN NO NOTICE OF AUDIT. 551 In the Orphans' Court, County of Philadelphia. In re Estate of , deceased. Term, , No. . To the Honorable, the Judges of the Said Court: Petition of , Executrix of the estate of , deceased, respectfully represents : 1. That , late of the City and County of Philadelphia, died on the day of , having first made and pub- lished his last will and testament dated , duly probated in the office of the Register of Wills in and for the County of Philadelphia, on , and recorded in Will Book No. , Page , &c., wherein and whereby he appointed , Executor and Trustee. 2. The said , on the day of , renounced his right to act as such executor, whereupon letters of adminis- 622 FORMS 84 tration cum testamento annexe were issued to and . died on the day of . 3. By the terms of the said will his entire estate was devised and bequeathed to the testamentary trustee to pay one- third of the income to testator's wife, , for life, two-thirds for the maintenance and support of his children, and on the death of the wife and when the youngest child should reach the age of twenty-one, the principal to be divided equally among his children then living or the issue of those deceased, per stirpes, with the power in the executor or trustee to sell or mortgage the real estate, &c. (Here list parties in interest.) 4- , surviving administrator c. t. a., filed his first account after citation and the same came up for audit before the Honor- able on and . At the audit appeared for the accountant. By his adjudication the learned Auditing Judge awarded the balance of personalty $ , to , Trustee under the will for the uses and purposes therein set forth. This sum was reduced by the amount of $ at a subsequent audit , leaving a net balance of $ , and on said account was confirmed absolutely. 5- on the day of , executed and delivered to , surviving trustee under the will of , deceased, his certain bond in the penal sum of $ to secure the pay- ment of $ at the expiration of one year from the date thereof, with interest thereon, payable half-yearly at six per cent, per annum, secured by a mortgage recorded at Philadelphia, in Mortgage Book Page , covering acres and perches of ground on the side of Road, south of Road in the ward of the City of Phila- delphia. 6. By sundry mesne assignments the last of which was re- corded in the assignment of mortgage book , Page , the said bond and mortgage were assigned to and were owned by him and in his possession at the time of his death. 7. The said died on the day of , having first made, published and declared his last will and testament wherein and whereby he appointed your petitioner, executrix, and letters testamentary were issued thereon by the Register of Wills of the County of Philadelphia, on the day of , and have not since been revoked. FORMS 84 623 8. The said bond in the sum of $ was a valid and sub- sisting debt of the decedent at the time of his death, and at the time of the above audit, with interest at 6 per cent, from to date. 9. The Company , has for many years last past and is at this date, acting as attorney in fact for the owner of said bond and mortgage, in the collection of interest thereon. 10. surviving administrator c. t. a., was thoroughly familiar with this bond and mortgage as shown in his account signed and sworn to on , wherein under dates of , he claims credit for payment "To Company six months' interest on mortgage $ Road, $ and charges himself in said account with rent received from said property in the sum 11. The said , surviving administrator c. t. a., in his petition for distribution signed and sworn to on the day of , recites as follows: "The unpaid claims of all creditors of which the accountant has notice or knowledge, with the amounts of such claims and whether or not they are admitted to be correct are as hereinafter set forth; said creditors have received notice of this audit." and followed it with the names of no creditors whatever. 12. No notice whatever of the filing of the account of the said , surviving administrator c. t. a., or of the audit thereof, was given to the said nor to the petitioner, his Executrix, not to the Company , Agent, and said account was filed and audited, and distribution decreed entirely without the knowledge of any of them. Whereby grave injustice and irrep- arable loss has been worked upon your petitioner if the same be not remedied. 13. That the only persons affected by this petition are : . 14. Therefore your petitioner prays that a citation be awarded directed to , commanding them and each of them to appear, and to show cause why the decree of confirmation of the said account, in so far as the rights of your petitioner are concerned, should not be vacated, set aside, opened, reviewed and corrected, and why such order of restitution on the parties concerned and such other relief in the premises as may be meet should not be decreed to her. 624 FORMS 84, 85 And your petitioner will ever pray, &c. Executrix of the Estate of , -Deceased. Commonwealth of Pennsylvania, City and County of Philadelphia, ss: , being duly sworn according to law, deposes and says the facts set forth in the foregoing petition are true and correct to the best of her knowledge, information and belief. Sworn to and subscribed before me this day of , 1919. -Notary Public. My commission expires . And Now, to wit, this day of , 1919, on con- sideration of the foregoing petition on motion of , attor- neys for the petitioner, It is hereby ordered and decreed that the prayer thereof be granted, and that a citation be issued directed to , same being all the parties in interest, to appear and show cause why the decree of confirmation of the said account of , surviving administrator c. t. a., of the estate of , deceased, on , should not be vacated, set aside, opened, reviewed and corrected in so far as the rights of the petitioner are concerned, and to show cause why such an order of restitu- tion on the parties concerned and such other relief in the prem- ises as may be meet, should not be decreed to her. Returnable sec. leg. J. 85. PETITION FOR THE DISTRIBUTION OF AN ES- TATE NOT EXCEEDING THREE HUNDRED DOLLARS. 554. In the Orphans' Court of Philadelphia County. In re Estate of , deceased. Term, , No. . FORMS 85 625 PETITION FOR APPROVAL OF AN ACCOUNT OF AN ESTATE LESS THAN THREE HUNDRED DOLLARS UNDER SECTION 49 (c) OF THE FIDU- CIARIES ACT OF 1917. To the Honorable, the Judges of the Said Court: The petition of respectfully represents : 1. died a resident of Philadelphia County, on the day of , intestate and without issue, leaving to survive her your petitioner, her husband, as her sole heir and next of kin. 2. Letters of administration were granted to your petitioner by the Register of Wills of Philadelphia County, on the day of , and a bond was duly filed by your petitioner as such administrator, wherein the Company of , is surety. 3. That your petitioner has prepared and herewith submits annexed hereto his first and final account as such administrator. 4. That all the debts of the decedent have been paid in full and your petitioner has no knowledge of any credits. Your peti- tioner paid the funeral bill of the said decedent to , Avenue, Philadelphia, in the sum of $ on the day of 5. That the only person interested in this estate other than your petitioner is the surety on his bond, to wit: Com- pany, of , which company has received notice of the in- tended presentation of this petition and has joined in the prayer thereof. Wherefore your petitioner prays that the said account may be approved, your petitioner discharged as administrator and his surety released from future liability on the said bond as provided by Section 49 (c), of the Fiduciaries Act of 1917. And your petitioner will ever pray, etc. State of Pennsylvania, County of Philadelphia, ss: being duly sworn according to law, deposes and says that he is the petitioner herein and that the facts set forth in the 40 626 FORMS 85, 86 foregoing petition are true to the best of his knowledge, informa- tion and belief. Sworn to and subscribed before me this day of , 1921. JOINDER. The undersigned, being the only party in interest, other than hereby acknowledges that it has received notice of the intended presentation of the foregoing petition and joins in the prayer thereof. (Signature.) DECREE. And Now, to wit, this day of , 1921, upon con- sideration of the foregoing petition and the annexed account and on motion of , attorneys for the petitioner, it appearing that said account has been duly verified, all parties in interest having acknowledged receipt of notice of the filing of this petition, It is hereby ordered, adjudged and decreed that , Administrator of the estate of , deceased, be discharged as such administrator at the expiration of thirty days from the date of this decree and that the Surety Company of , be released from future liability on the bond of the said administrator, unless during said period of thirty days exceptions be filed to the account. By the Court : J. 86. PETITION FOR THE DISCHARGE OF AN EXEC- UTOR. 563. In the Orphans' Court of Philadelphia County. In re Estate of , deceased. Term, , No. . To the Honorable, the Judges of the Said Court: The petition of , one of the executors of the above estate respectfully represents : i. That died , having first made her last will and codicil thereto, duly probated , in which she appointed FORMS 86 627 your petitioner and Trust Company, executors, and Let- ters Testamentary were duly granted to them. 2. On the day of , the said executors filed their first account and on the day of , their second ac- count which came up for audit and were duly adjudicated on and , respectively, and since confirmed absolutely. 3. That the entire estate has been paid and transferred to the parties entitled thereto. 4. That no other money or property belonging to the estate has been received by your petitioner since the adjudication of the account. 5. That the only parties in interest are : . Trust Company, co-executor and all of said parties in interest join in this petition. Wherefore your petitioner prays that he may be discharged as co-executor of the estate of , deceased. And your petitioner will ever pray, etc. County of Philadelphia, ss: being duly sworn according to law, deposes and says that the facts set forth in the foregoing petition are true to the best of his knowledge, information and belief. Sworn to and subscribed before me this day of , 1919. JOINDER. We, the undersigned, being all the parties in interest in the estate of , either as distributees or otherwise, hereby acknowledge that we have received notice of the intended presen- tation of the foregoing petition and join in the prayer thereof. (Signatures.) DECREE. And Now, to wit, this day of , 1919, upon con- sideration of the foregoing petition and on motion of , attorneys for petitioner, , is hereby discharged as executor of the estate of , deceased. By the Court : 628 FORMS 87 87. PETITION FOR DISCHARGE OF ANCILLARY EXECUTOR. 563. In the Orphans' Court of Philadelphia County. In the matter of the Estate of , deceased. - Term, , No. . To the Honorable, the Judges of the Said Court: The petition of respectfully represents : 1. That your petitioner is ancillary executor of the estate of , who died on , in County, New York, ancillary letters testamentary having been granted to your peti- tioner by the Register of Wills of Philadelphia County, on . 2. That your petitioner duly filed his first and final account in the office of the Register of Wills of Philadelphia County, and the same was called for audit before your Honorable Court on the day of . Said account was confirmed nisi by adjudication dated , and supplemental adjudication dated , has since been confirmed absolutely. 3. That the sole party in interest and sole distributee under the said adjudication is , executor at the domicile of the said decedent who has filed his receipt and release for the entire balance of the account in the office of the Clerk of the Orphans' Court of Philadelphia County. 4. The Trust Company is surety on the bond of the said ancillary executor. 5. The said executor at the domicile and the said surety are the only parties interested in this petition. They have received notice of its intended presentation and have joined in the prayer hereof. Wherefore your petitioner prays that he may be discharged as ancillary executor of the estate of , deceased, and the Trust Company, surety on his bond, released from future liability thereon. And your petitioner will ever pray, etc. State of , County of being duly sworn according to law, deposes and says that he is the petitioner herein and that the facts set forth in the FORMS 87, 88 629 foregoing petition are true and correct to the best of his knowl- edge, information and belief. Sworn to and subscribed before me this day of , 1921. JOINDER. We, the undersigned, being the only parties interested in the estate of , deceased, hereby acknowledge that we have received notice of the intended presentation of the foregoing petition and join in the prayer thereof. Executor at the domicile of deceased. TRUST COMPANY. By- Surety. In the Orphans' Court of Philadelphia County. In the matter of the Estate of , deceased. Term, , No. . DECREE. And Now, to wit, this day of , 1921, upon con- sideration of the annexed petition and on motion of , attor- neys for the petitioner, It is hereby ordered and decreed that the prayer thereof be granted and , ancillary executor of the estate of , deceased, is hereby discharged as such ancillary executor and Trust Company, surety on his bond, is hereby discharged from future liability thereon. By the Court : J. 88. PETITION FOR DISCHARGE OF ADMINISTRA- TOR D. B. N. C. T. A. 563. In the Orphans' Court of Philadelphia County. In the matter of the Estate of , deceased. Term, , No. . 630 FORMS 88 To the Honorable, the Judges of the Said Court: The petition of , administrator d. b. n. c. t. a., of the estate of , deceased, respectfully represents : 1. Your petitioner duly filed his final account before your Honorable Court and the same came up for audit before the Honorable , and for supplemental audit before the Ho'nor- able , and by an adjudication filed by Judge on , the entire balance in the hands of your accountant was awarded to , executors of the estate of , deceased, and the said balance was turned over to the said trustees and their release and satisfaction of award duly filed on the day of . 2. Since the said adjudication no money or other property of the decedent has come into the hands of your petitioner. 3. All of said parties in interest and the Trust Com- pany, surety on the bond of your petitioner, have received notice of the intended presentation of this petition and have joined in the prayer thereof. Wherefore your petitioner prays that he may be discharged as such administrator and his surety released from future liability. And your petitioner will ever pray, &c. Administrator d. b* n. c. t. a. of the Estate of , deceased. State of , County of being duly sworn according to law, deposes and says that he is administrator d. b. n. c. t. a., of the estate of , deceased, and that the facts set forth in the foregoing petition are true to the best of his knowledge, information and belief. Sworn to and subscribed before me this day of , 19 . JOINDER. We, the undersigned, being all the parties in interest in the estate of , deceased, and The Trust Company, surety on the bond of the administrator of the estate of the said decedent, hereby acknowledge that we have received notice of FORMS 88, 89 631 the intended presentation of the foregoing petition and join in the prayer thereof. (Signatures.) DECREE. And Now,, to wit, this day of , 1920, upon con- sideration of the foregoing petition and on motion of , attorneys for the petitioner, , is hereby discharged as administrator d. b. n. c. t. a., of the estate of , deceased, and the Trust Company, surety on his bond as such admin- istrator is hereby released from future liability on said bond. By the Court : I. 89. PETITION FOR THE DISCHARGE OF THE GUARDIAN OF THE ESTATE OF A MINOR. 563. In the Orphans' Court of Montgomery County. In re Estate of , late a minor. To the Honorable, President Judge of Said Court: The petition of , Guardian of the estate of , late a minor, respectfully represents: 1. Your petitioner duly filed his first and final account in your Honorable Court and the same was examined and audited on the first day of , and confirmed nisi on , and since confirmed absolutely. 2. Under the terms of the said adjudication the balance for distribution as shown by the account, to wit, $ , was awarded to the said , and the same has been paid over and distributed to her and her receipt therefor filed of record. 3. No money or other property has come into the hands of your accountant since the filing of the said account. 4. All parties in interest have received notice of the intended presentation of this petition and join in the prayer thereof. Wherefore your petitioner prays that he may be discharged as Guardian of the said , late a minor, and his surety re- leased from future liability on his bond. And your petitioner will ever pray, &c. 632 FORMS 89, 90 County of Philadelphia, ss: , being duly sworn according to law, deposes and says that the facts set forth in the foregoing petition are true to the best of his knowledge, information and belief. Sworn to and subscribed before me this day of , 19 . JOINDER. We, the undersigned, being the sole distributee mentioned in the foregoing petition and the surety on the bond of the said Guardian, hereby acknowledge that we have received notice of the intended presentation of the foregoing petition and join in the prayer thereof. (Signatures.) DECREE. And Now, to wit, this day of , upon considera- tion of the foregoing petition and on motion of /attorneys for petitioner, It is hereby ordered and decreed that be and he is hereby discharged as guardian of the estate of , late a minor, and , the surety on said Guardians' bond is hereby discharged from future liability thereon. 90. PETITION FOR THE DISCHARGE OF SURETY ON THE BOND OF A TRUSTEE. 563. In the Orphans' Court of Philadelphia County. Estate of , deceased. Term, , No. . To the Honorable, the Judges of the Said Court: The petition of , Trustee, respectfully represents : 1. On or about the day of , your petitioner filed in your Honorable Court her account of one-fourth of the net proceeds of the sale of , which was a portion of the resi- duary estate of the above decedent. 2. That by adjudication of your Honorable Court on the , sur said account, the same was approved, and the balance shown thereby, to wit: $ was distributed and awarded equally between and . FORMS 90 633 3. That the said fund has been distributed to the said parties entitled thereto, and their receipt and release taken therefor, and filed of record in your Honorable Court. 4. On or about , your petitioner filed her bond in con- nection with the above matter, in the sum of $ , wherein the Trust Company is surety. 5. All parties in interest as herein set forth, including the said distributees and surety, have joined in the prayer of this petition. Wherefore your petitioner prays that the said Trust Company be discharged as surety on said bond. And your petitioner will ever pray, etc. State of , County of , being duly sworn according to law, deposes and says that she is the petitioner named in the foregoing petition, and that the facts set forth therein are true to the best of her knowledge, information and belief. Sworn and subscribed to before me this day of , 1919. JOINDER. I, the undersigned, having received my full share of the pro- ceeds of the sale of , from , Trustee under the will of , deceased, do hereby acknowledge that I have received notice of the intended presentation of the petition for the dis- charge of the surety of the said Trustee, and do hereby join in the prayer thereof. The Trust Company, the surety named in the foregoing petition, hereby acknowledges that it has received notice of the intended presentation of the foregoing petition, and joins in the prayer thereof. TRUST COMPANY, By- DECREE. And Now, to wit, this day of , 1919, upon con- sideration of the foregoing petition, and upon motion of , 634 FORMS 90, 91 attorneys for petitioner, the Court grants the prayer thereof, and the Trust Company, surety on the bond of , Trustee under the will of , deceased, in the matter of the proceeds of the sale of , is hereby discharged from future liability on said bond. By the Court: J- 91. PETITION FOR THE APPOINTMENT OF A SUB- STITUTED TRUSTEE ON THE RESIGNATION OF A TRUSTEE. 584. In the Orphans' Court of Philadelphia County. In re Estate of , deceased. Term, , No. . To the Honorable, the Judges of the Said Court: The petition of , Surviving Trustee, respectfully repre- sents : 1. Decedent died , having made his last will and testa- ment, duly probated in the office of the Register of Wills of Philadelphia County, on , copy of said will being hereto annexed as Exhibit "A." 2. By said will he appointed and as Trustees for . The said died on , so that your peti- tioner is sole surviving trustee. 3. Decedent by his will gave one-twelfth of his estate to said trustees and the survivor of them (recite terms of trust) : 4. The said is unmarried and has no issue. Her heirs interested in remainder, provided she makes no appointment of the trust fund by her will and dies without issue, are , a brother, , your petitioner, a brother and , and , nephews, children of a deceased brother. All of said parties as above set forth are living and of full age. They have received notice of the intended presentation of this petition and have joined in the prayer thereof. 5. Your petitioner as surviving trustee has filed his account in your Honorable Court and the same was called for audit before on , and was confirmed nisi in an adjudication filed; , and absolutely on the . FORMS 91 635 6. By said adjudication, a copy of which is annexed hereto as Exhibit "B," it is decreed inter alia that the balance of prin- cipal composed as therein set forth "is awarded to the incoming trustee and payment and distribution is so decreed with leave to make any and all necessary assignments and transfers when he shall have been appointed and qualified." 7. Your petitioner being desirous of relinquishing his office as Surviving Trustee, has resigned as such to take effect upon the appointment and qualification of his successor. 8. All parties in interest have agreed upon the selection of the Trust Company as Substituted Trustee of this estate and the said company; has accepted the trust, subject to the approval of your Honorable Court. Wherefore your petitioner prays that Trust Company be appointed Substituted Trustee for under the will of in place of , surviving Trustee who has resigned. And your petitioner will ever pray, etc. Surviving Trustee of the Estate of , deceased. State of , County of , ss: , being duly sworn according to law, deposes and says that he is Surviving Trustee of the estate of , deceased, and that the facts set forth in the foregoing petition are true to the best of his knowledge, information and belief. Sworn to and subscribed before me this day of , 1920. JOINDER. We, the undersigned, being the only parties interested in the estate of , deceased, hereby acknowledge that we have received notice of the intended presentation of the foregoing peti- tion and join in the prayer thereof. (Signatures.) DECREE. And Now, to wit, this day of , 1920, upon con- sideration of the foregoing petition and on motion of , 636 FORMS 91, 92 attorney for the! petitioner, It is hereby ordered and decreed that the prayer thereof be granted and Trust Company is appointed Substituted Trustee for under the will of in place of , surviving trustee who has resigned; security to be entered in the sum of $ , and the bond of the Trust Company is hereby approved as such security. By the Court : J- 93. PETITION FOR THE DISCHARGE OF TRUSTEE AND APPOINTMENT OF SUBSTITUTED TRUS- TEE ON THE RESIGNATION OF THE FORMER. 584- In the Orphans' Court of Philadelphia County. In the matter of the Estate of , deceased. Term, , No. . To the Honorable, the Judges of the Said Court: The petition of , respectfully represents : 1. That died on the day of , a resident of Philadelphia County, having first made, published and declared his last will and testament and codicil thereto dated , both duly probated in the office of the Register of Wills of Philadel- phia County, a copy thereof being hereto annexed as Exhibit "A." 2. By paragraph of his will the decedent provided: (recite terms of trust) : 3. The decedent nominated and as Executors and Trustees. was discharged on . died on . died on , and and were appointed as substituted Trustees inter alia for your petitioner under the will of the above decedent by decree of your Honor- able Court dated , security to be entered in the sum of $ , which security was duly entered by the Company of . 4. The said substituted Trustees desiring to be discharged, filed their first and final account in the office of the Clerk of the Orphans' Court and the same was called for audit before , J., on , and the account was confirmed nisi on , and FORMS 92 637 confirmed absolutely on , a copy of such adjudication is hereto annexed as Exhibit "B." 5. The balance shown by the account is $ , composed as follows : , which balance composed as in the account stated was awarded in the said adjudication to a trustee to be appointed for the purpose of the trust. 6. The said , life tenant upon the decease of your peti- tioner, is living and of full age and has two children, to wit: and , both living and of full age and no issue of deceased children. The same are all the parties interested in this proceeding. They have received notice of the intended presenta- tion of this petition and have joined in the prayer thereof. 7. Subject to the approval of your Honorable Court and with the consent of all the parties in interest your petitioner desires the appointment of the Trust Company as substituted Trustee and by joinder hereto attached the present Trustees have resigned, subject to the appointment of the said Trust Company, and the latter has accepted the trust subject to the approval of your Honorable Court. Wherefore your petitioner prays that Trust Company be appointed substituted Trustee under the will of , de- ceased, for in lieu of , and resigned. And your petitioner will ever pray, &c. State of , County of , ss: , being duly sworn according to law, deposes and says that she is the petitioner herein and that the facts set forth in the foregoing petition are true and correct to the best of her knowledge, information and belief. Sworn to and subscribed before me this day of , 1921. JOINDER. We, the undersigned, being the succeeding life tenants and remaindermen under the trust set forth in the foregoing petition and as such, together with the parties who have joined therein, all the parties interested in said petition, hereby acknowledge that 638 FORMS 92 we have received notice of the intended presentation of the said petition to the Orphans' Court of Philadelphia County, and join in the prayer thereof. (Signatures.) JOINDER. We, the undersigned, and , substituted Trustees under the will of , deceased, for , hereby acknowl- edge that we have received notice of the intended presentation of the foregoing petition. We hereby resign as such substituted Trustees subject to the appointment of the Trust Com- pany as our successor, said resignation to take effect and be effective upon the appointment of the said succeeding Trustee and the transfer of the trust estate to it and the execution and delivery by it of a receipt and release therefor. (Signatures.) JOINDER. Trust Company, suggested in the foregoing petition as substituted Trustee under the will of , for , hereby acknowledges that it has received notice of the intended presen- tation of the foregoing petition and accepts the appointment of substituted Trustee subject to the approval of the Orphans' Court of Philadelphia County. TRUST COMPANY, By In the Orphans' Court of -Philadelphia County. In the matter of the Estate of , deceased. Term, , No. . DECREE. And Now, to wit this day of , 1921, upon con- sideration of the annexed petition and on motion of , attorneys for the petitioner, and , are hereby dis- charged as substituted Trustees for , under the will of , deceased ; conditioned, however, upon the transfer and delivery of the assets of the estate in accordance with the adju- dication of , and Trust Company is appointed sub- FORMS 92, 93 639 stituted Trustee for under the will of , deceased, in place of the said and , resigned, security to be entered in the sum of $ , and the bond of the said Trust Company is hereby approved as such security. By the Court: J. 93. CERTIFICATE AND AFFIDAVIT BY FOREIGN FIDUCIARY ENTITLED TO AN AWARD IN DIS- TRIBUTION. 595. In the Orphans' Court of Philadelphia County. In re Estate of , deceased. Term, , No. . AFFIDAVIT UNDER SECTION 58 (f ) OF THE FIDUCIARIES ACT OF 1917. , being duly sworn according to law, deposes and says : 1. He is the executor of the estate of , deceased, under probate dated , in His Majesty's High Court of Justice in the District Probate Registry, at , England. 2. As such he is duly authorized and empowered to receive all property belonging to the estate of , deceased. 3. That by the adjudication of the Orphans' Court of Phila- delphia County, in the estate of , deceased, dated , there is distributable to him one-twelfth of the net estate of the said decedent, subject to compliance with Section 58 (f) of the Fiduciaries Act of 1917. 4. That there are no creditors of the estate of in the Commonwealth of Pennsylvania. 5. That this affidavit is made in compliance with the require- ments of Section 58 (f) of the Fiduciaries Act of 1917. And further deponent saith not. Sworn to and subscribed before me this day of , 1920. 640 FORMS 94 94. PETITION FOR THE APPOINTMENT OF A GUARDIAN FOR THE ESTATE OF A MINOR UNDER THE AGE OF 14 YEARS. 599. In the Orphans' Court of Philadelphia County. In the matter of the Estate of Mary Doe, a minor. Term, , No. . To the Honorable, the Judges of the Said Court: The petition of Mary Doe, by her father and next friend, George Doe, respectfully represents: 1. That your petitioner is the daughter of George Doe and Sarah Doe, the latter of whom is now deceased. 2. That your petitioner resides with her father in Detroit, Michigan. 3. That your petitioner was born on the day of , and is now over years of age. 4. That your petitioner is the only child of Sarah Doe, who died intestate on , leaving to survive her, her husband, George Doe, and your petitioner as her only heirs and next of kin, whereby your petitioner became seized of an undivided one-half interest in fee of premises Street, Philadelphia, valued at 5. That proceedings are about to be had before your Honor- able Court for the sale of said property at private sale in which proceedings it is necessary that your petitioner be represented by guardian to receive and receipt for her share of the purchase money and act for her in the conveyance of such property. 6. That your petitioner has no such guardian in this jurisdic- tion and requests that your Honorable Court appoint The Acme Trust Company, as guardian for the purpose aforesaid. And your petitioner will ever pray, etc. MARY DOE, By- Her father and next friend. State of Michigan, County , ss: George Doe, being duly sworn according to law, deposes and says that he is the father of Mar}' Doe, the minor described in the foregoing petition ; that he is familiar with the facts set forth herein and that the same are true to the best of his knowledge, FORMS 94, 95 641 information and belief; that The Acme Trust Company , suggested as guardian, is a corporation of respectability and prop- erty in which the interests of the said minor may be safely entrusted ; that it is neither executor, administrator or trustee of any estate in which the said minor has an interest, nor surety on the bond of any such fiduciary. Sworn to and subscribed before me this day of , 1921. In the Orphans' Court of Philadelphia County. In the matter of the Estate of Mary Doe, a minor. 1 JL ci III. ^ XN O -- - , DECREE. And Now, to wit, this day of , 1921, upon con- sideration of the annexed petition and on motion of , attor- ney for the petitioner, The Acme Trust Company, is hereby appointed guardian for Mary Doe, a minor. By the Court : J. 95. PETITION FOR THE APPOINTMENT OF A GUARDIAN FOR THE ESTATE OF A MINOR OVER THE AGE OF 14 YEARS. 599. In the Orphans' Court of Philadelphia County. In the matter of the Estate of Harry Doe, a minor. Term, 1921, No. . To the Honorable, the Judges of the Said Court: The petition of Harry Doe, respectfully represents : 1. That he is the son of Anna Doe and Harry B. Doe, both of whom are living. 2. That he resides with his parents at Avenue, Phila- delphia, Pennsylvania. 3. That he was born on the 1 day of , and is now over fourteen years of age. 4. Under the will of , who died in , 1920, your petitioner is entitled to a legacy of $ , and one-third of the 642 FORMS 95 residuary estate of the said decedent, which one-third share amounts to approximately $ . That in order to receive said legacy and said share of the residuary estate it is necessary that your petitioner have a guardian appointed to accept and receipt therefor. 5. That your petitioner has no such guardian and therefore requests your Honorable Court to appoint The Acme Trust Com- pany, as guardian of his estate as aforesaid. And your petitioner will ever pray, etc. State of Pennsylvania, County of Philadelphia, ss: Harry Doe being duly sworn according to law, deposes and says that he is the petitioner herein and that the facts set forth in the foregoing petition are true to the best of his knowledge, informa- tion and belief. Sworn to and subscribed before me this day of , 1921. State of Pennsylvania, County of Philadelphia, ss: Harry B. Doe being duly sworn according to law, deposes and says that he is the father of the minor mentioned in the foregoing petition and that the facts set forth therein are true and correct to the best of his knowledge, information and belief ; that he is well acquainted with the said minor's affairs and that The Acme Trust Company, suggested as guardian is a corporation of respectability and property to whom the estate of the said minor can be safely entrusted, and that it is neither Executor, Administrator nor Trustee of any estate in which the said minor has an interest, nor surety on the bond of any such fiduciary. Sworn to and subscribed before me this day of , 1921. FORMS 95, 96 643 JOINDER. I, the undersigned, mother of the minor, Harry Doe, hereby acknowledge that I have received notice of the intended presenta- tion of the foregoing petition and join in the prayer thereof. In the Orphans' Court of Philadelphia County. In the matter of the Estate of Harry Doe, a minor. Term, 1921, No. . DECREE. And Now, to wit, this day of , 1921, upon con- sideration of the annexed petition and on motion of , attor- ney for the petitioner, The Acme Trust Company, is appointed Guardian of the estate of Harry Doe, a minor. By the Court : J. 96. PETITION BY GUARDIAN FOR LEAVE TO PAY MOTHER OF MINOR INCOME AND PORTION OF PRINCIPAL FOR SUPPORT. 607. In the Orphans' Court of Delaware County. In the matter of the Estate of , a minor. Term, , No. . PETITION FOR LEAVE TO PAY. To the Honorable, the Judges of the Said Court: The petition of the Trust Company, Guardian of the estate of , a minor, respectfully represents : 1. That died , a resident of Philadelphia County, having first made, published and declared his last will and testa- ment, duly probated in the office of the Register of Wills of Phila- delphia County. 2. That in and by his said will the decedent nominated, con- stituted and appointed the Trust Company, testamentary guardian! of the minor children of his late son, , deceased, and the said Trust Company has since been appointed 644 FORMS 96 guardian of the estates of the said minors by decree of your Honorable Court dated . 3. That is the widow of the said and the mother of his children. 4. That the said left him surviving children, to wit: estates the , the latter three of whom are minors of whose Trust Company as aforesaid is guardian. 5. That the said Trust Company as guardian of each minor is entitled to a share of the residuary estate of the above decedent which said share amounts to $ , and the said guardian is also entitled to the same share of the real estate of the said decedent, to wit: Street, which has been sold for $ , and a ground rent on Street, which has been sold for $ , so that out of the pro- ceeds of the sale of the said real estate and ground rent the said Trust Company as guardian for each minor will receive approximately $ , so that it will have a total fund for the benefit of each of the said three minors of $ , and from which the estimated net annual income will amount to approxi- mately $ . The said guardian has income on hand and accumulated since the death of the said decedent of approximately $ for each of said minors. 6. Neither the said minors nor their mother have any income other than that derived as aforesaid from their grandfather's estate. 7. That the said is now pursuing 1 a course of education at the University at , wherein the annual expense amounts to $ per year, being $ for tuition, $ for room rent, heat and light, $ for car fares, books, inci- dental and laboratory fees, $ for board and $ for clothing. 8. That , mother of the said minors, and her five child- ren, among whom is the said , all reside together in a family home and residence maintained for the family at , Pennsylvania, in maintaining which the following fixed charges per year must be paid, to wit : interest on $ ; taxes, $ ; coa l } $ repairs, $ ; gas, water and electric light, $ or a total of $ , of which expense each of said minors should properly bear a share or $ . FORMS 96 645 9. That , the mother of the minor, in order to support, maintain and educate him commensurate with his station in life and in a manner compatible with his maintenance prior to the death of his father, has and is expending annually for him the sum of $ , exclusive of numerous incidental expenses in- curred from time to time for doctors' and dentists' bills and proper disbursements for amusements and recreation of the said minor. This expense has been continuous since the date of the death of the father of the said minor, , on , and the date of the death of the said on . 10. Since the death of the said , the said has expended for the support, maintenance and education of the said minor the sum of $ . During the same period, owing to the fact that the greater portion of the minor's estate consists of cash received on , very little income has been received by the said guardian. The income thus received during this period amounts only to the sum of $ , leaving a deficit of $ , payment of which is desired by the mother of the minor out of the corpus of the estate of the said minor in the hands of the said guardian. 11. The said , mother of the minor, as before stated, has no source of income from which to pay the aforesaid necessary expenses for the support, maintenance and education of the said minor and has had to borrow the sum above expended of $ and has therefore requested your petitioner to make application to your Honorable Court for leave to repay her the said sum out of the principal of the minor's estate and thereafter to make pay- ment to her of the income for the future support, maintenance and education of the said minor. 12. The said minor is over the age of fourteen years and has received notice of the intended presentation of this petition and has joined in the prayer thereof. 13. The affidavit of the mother of the said minor as to the facts herein set forth is hereto annexed. Wherefore your petitioner prays for leave and authority to pay to , mother of , a minor, out of the principal of his estate the sum of $ to reimburse her for expenditures made for the support, maintenance and education of the said minor up to the day of , and for leave and authority to pay to the said the income received from the said minor's estate 646 FORMS 96 from the day of for the support, maintenance and education of the said minor until the further order of the Court. And your petitioner will ever pray, etc. TRUST COMPANY, By- Guardian of the Estate of , a minor. State of Pennsylvania, City and County of Philadelphia, ss: being duly sworn according to law, deposes and says that he is of the corporation petitioner and that the facts set forth in the foregoing petition are true to the best of his knowledge, information and belief. Sworn to and subscribed before me this day of , 1921. JOINDER. I, the undersigned , being one of the minor children of , deceased, over the age of 14, hereby acknowldge that I have received notice of the intended presentation of the foregoing petition, and join in the prayer thereof. State of Pennsylvania, County of , ss: being duly sworn according to law, deposes and says that she is the mother of , the minor mentioned in the fore- going petition ; that she is familiar with the facts set forth therein and that the same are true to the best of her knowledge, informa- tion and belief ; that she has received notice of the intended pres- entation of the foregoing petition and has joined in the prayer thereof. Sworn to and subscribed before me this day of , 1921. DECREE. And Now, to wit, this day of , A. D. 1921, upon consideration of the foregoing petition and on motion of , attorneys for the petitioner, the Trust Company, guardian FORMS 96, 97 647 of the estate of , a minor, is hereby authorized and em- powered to pay to , mother of , a minor, out of the principal of his estate the sum of $ , to reimburse her for expenditures made for the support, maintenance and education of the said minor up to the day of , and to pay to the said the income received from the said minor's estate from the day of , for the support, maintenance and education of the said minor, until the further order of the Court. By the Court : J. 97. PETITION BY GUARDIAN FOR LEAVE TO PAY INCOME FROM TRUST TO MOTHER FOR ITS EDUCATION, MAINTENANCE AND SUPPORT. 607. In the Orphans' Court of Philadelphia County. In re Estate of , a minor. Term, , No. . PETITION FOR LEAVE TO PAY. To the Honorable, the Judges of the Said Court: The, petition of , Guardian of , a minor, respect- fully represents: 1. That your petitioner was duly appointed guardian of the estate of the said minor, , by decree of your Honorable Court dated . 2. That said minor by the will of , who died , is entitled to the income from a legacy of $ given and be- queathed unto The Company , in trust for the said minor and from which estate there is payable to her quarterly under the terms of the said trust the sum of approximately 3. , the father of said minor, died on . , the mother of said minor is still living and resides at Street, in the City of Philadelphia, where she maintains a home for the said minor and herself. 4. The said minor has no source of income other than the trust fund as above set forth. 648 FORMS 97 5. Under the terms of the said trust there has been accumulated in the hands of the trustee income in the amount of $ . 6. The entire amount of the quarterly income from said trust as well as the accumulated income thereon is required by the said minor for her education, maintenance and support in a manner suitable to her station in life and the said minor and) her mother have requested your petitioner to present this petition to your Honorable Court for leave to pay the income accumulated and hereafter to be derived from the said trust to the mother of the said minor for her education, maintenance and support. Wherefore your petitioner prays for leave and authority to pay to , the mother of , a minor, the income on hand and accrued from the trust under the will of and the net income as it may hereafter accrue from the interest of the said minor in the said trust fund until the said minor arrives at the age of twenty-one years or until the further order of the Court. And your petitioner will ever pray, &c. Commonwealth of Pennsylvania, City and County of Philadelphia, ss: being duly sworn according to law, deposes and says that she is the guardian of , the said minor, and that the statements contained in the foregoing petition are true to the best of her knowledge, information and belief. Sworn to and subscribed before me this day of , 1920. JOINDER. We, , the mother of , a minor, and , the said minor in her own right, do hereby acknowledge that we have received notice of the intended presentation of the foregoing peti- tion and join in the prayer therof. DECREE. And Now, to wit, this day of , 1920, upon con- sideration of the foregoing petition and on motion of , attorneys for the petitioner, , Guardian of the estate of FORMS 97, 98 649 , is hereby authorized and empowered to pay to , the mother of the said minor, the income on hand and accrued from the trust under the will of , and the net income as it may hereafter accrue from the interest of the said minor in the said trust fund until the said minor arrives at 1 the age of twenty- one years or until the further order of this Court. By the Court : J- 98. PETITION BY GUARDIAN OF MINOR TO MAKE PAYMENT OF PRINCIPAL IN RELIEF OF DE- FICIENCY OF INCOME. 607. In the Orphans' Court of Philadelphia County. In re Estate of , a minor. Term, , No. . PETITION FOR LEAVE TO MAKE PAYMENT OF PRINCIPAL. To the Honorable, the Judges of the Said Court: The petition of The Company , Guardian of the Estate of , a minor, respectfully represents : 1. That your petitioner was appointed Guardian of the said estate by decree of your Honorable Court dated . 2. By decree of your Honorable Court dated , your peti- tioner was authorized to lay out and expend and pay over to the mother of the said minor income not exceeding $ per year for the support, maintenance and education of the said minor. 3. By decree of your Honorable Court dated , the mother of said minor, , and the said minor were allowed to occupy premises Avenue, belonging to said estate, free of rent, the net rental thereof to be considered as part of the above allowance. 4. By decree of your Honorable Court dated , the above premises Avenue, were sold for a consideration of $ in cash over and above the mortgage thereon. 5. That your petitioner has in hand personalty amounting to $ , from which the approximate net yearly income is 650 FORMS 98 -, and the proceeds of the sale of realty in the amount of from which the approximate net yearly income is The said minor is entitled to all of the income from the personal estate and to two-thirds of the income from the real estate making for the minor a net annual income of $ or thereabouts, and for the mother approximately $ . These two items are the only sources of income available either for the minor or his mother. 6. During the last year and upwards the mother of said minor, , has been almost continuously confined to the Hos- pital, where she has undergone many operations, so that she has been unable to earn anything for the support of herself or her son, and, on the contrary, has been compelled to lay out divers large sums of money for hospital expenses, nurses' and doctors' bills, medicines and surgical dressings, etc., to the extent of 7. By reason of said illness and its consequent effect upon her earning capacity and increase in living expenses, , the mother of said minor, has been compelled to overdraw the income account due the said minor to the extent of $ as of , of this year. 8. Your petitioner has been notified of the above facts by the said , and has investigated same and believes them to be true in all respects, and has been requested by her to present this petition to your Honorable Court. Wherefore your petitioner prays for leave to pay to the said , out of the principal of the personal estate in its hands as Guardian for the said minor, the sum of $ , of which shall be used to make up the overdraft of income and in payment of hospital bills, etc. And your petitioner will ever pray, &c. Company , Guardian of the Estate of By County of Philadelphia, ss: being duly sworn according to law, deposes and says that he is of the corporation petitioner, and that the facts FORMS 98, 99 651 set forth in the foregoing petition are true to the best of his knowledge, information and belief. Sworn to and subscribed before me this day of , 1919. JOINDER. I, the undersigned, mother of , the minor, mentioned in the foregoing petition, do hereby acknowledge that I have received notice of the intended presentation of the said petition and join in the prayer thereof. (Signature.) DECREE. And Now, to wit, this day of , 1919, upon con- sideration of the foregoing petition and on motion of , attorneys for the petitioner, it is hereby Ordered and decreed that the prayer thereof be granted and The Company , Guardian of the estate of , a minor, be and the same is hereby authorized and empowered, out of the principal of the personal estate held by it for the benefit of the said minor, to pay the sum of $ , whereof $ shall be paid to income to reimburse the same for the overdraft thereon and $ shall be paid to , mother of said minor, to reimburse her for the necessary .expenses incident to her treatment in the Hospital. By the Court : J- 99. PETITION BY GUARDIAN OF MINOR TO MAKE PAYMENT OF A LUMP SUM OUT OF INCOME TO DEFRAY WEDDING EXPENSES OF MINOR. 607. In the Orphans' Court of Philadelphia County. In the matter of the Estate of , a minor. Term, , No. . 652 FORMS 99 PETITION FOR LEAVE TO PAY! To the Honorable, the Judges of the Said Court: The petition of , Guardian of the Estate of , a minor, respectfully represents: 1. That your petitioner was duly appointed guardian of the estate of the said minor by decree of your Honorable Court dated , after the death of , the former guardian. 2. That the approximate value of the estate in the hands of your petitioner as guardian aforesaid is $ , from which the approximate annual income is $ . In addition to this the said minor is entitled to income from other funds in the hands of the Company , wherein she has no vested right to the principal, of approximately $ per year. 3. By decree of your Honorable Court dated , during the period when the said was guardian of the said minor, the said guardian was authorized to pay , the mother of the said minor, the sum of $ per year for her maintenance, education and support. 4. The said minor is at present engaged to be married and will marry on the day of , and in order to pro- vide the said minor with a proper trousseau and defray the ex- penses incidental to the said marriage, , the mother of said minor has requested your petitioner to pay her the sum of $ out of the income on hand and accrued for the benefit of the said minor from the funds in the hands of your petitioner. 5. Your petitioner is ready and willing to accede to this request, but is not authorized to do so without the approval of your Honor- able Court. 6. The said minor has joined in the request, but owing to the shortness of time, it is impossible to secure the formal joinders of the minor and her mother to this petition prior to its presenta- tion to Court. Wherefore your petitioner prays that he may be authorized and empowered to pay the sum of $ , from the in- come arising from the funds in his hands held for the benefit of , a minor, the said sum to be used for the purpose of a trousseau and to defray the expenses incident to the marriage of the said minor to , said payment to be subject to the execu- tion by the said and the said , of a joinder and consent in the form hereto attached which joinder and consent FORMS 99 653 when executed and received shall be attached hereto and made a part hereof. And your petitioner will ever pray, etc. Guardian of the Estate of a minor. State of Pennsylvania, County of Philadelphia, ss: being duly sworn according to law, deposes "and says that he is guardian of the estate of , a minor, and that the facts set forth in the foregoing petition are true to the best of his knowledge, information and belief. Sworn to and subscribed before me this day of , 1921. In the Orphans' Court of Philadelphia County. In the matter of the Estate of , a minor. Term, , No. . . ; JOINDER. Republic of France, United States Consulate: Personally appeared before me the undersigned, and , who being duly sworn according to law, depose and say that they have received notice of the presentation by , Guardian of the estate of , a minor, of a petition to the Orphans' Court of Philadelphia County, for leave to pay out of the income from the funds in his hands belonging to the estate of the said minor, the sum of $ , to the said , to be used by her for the purchase of a trousseau and to defray the expenses incurred in and about the intended marriage of the said to , and hereby consent to the same and join in the prayer thereof. Sworn to and subscribed before me this day of , 1921. DECREE. And Now, to wit, this day of , 1921, upon con- sideration of the foregoing petition and on motion of , 654 FORMS 99, 100 It is hereby ordered and decreed that the prayer thereof be granted and , guardian of the estate of , a minor, is author- ized and empowered to pay the sum of $ from the income arising from the funds in his hands for the benefit of , a minor, the said sum to be used for the purchase of a trousseau and to defray the expenses incident to the marriage of the said minor to , said payment to be subject to the execu- tion of the said and the said , of a joinder and consent in the form hereto attached which joinder and consent when executed and received shall be attached hereto and made a part hereof. By the Court: J- 100. PETITION BY TRUSTEE TO MAKE PAYMENT TO FOREIGN GUARDIAN. 607. In the Orphans' Court of Philadelphia County. In re Estate of , deceased. Term, , No. . To the Honorable, the Judges of the Said Court: The petition of the Company, respectfully represents: 1. That , late of the City of Philadelphia, State of Penn- sylvania, died , having first made and published his last will and testament dated , and codicil thereto dated . copies of which are annexed hereto. 2. That in and by said will he provided, inter alia, as follows, to wit : (recite terms of trust) : 3. That one , a resident of the City of , New Jersey, duly qualified under the terms of said will as hereinbefore set forth, has heretofore been in receipt of said payment of dollars per annum and is still so entitled to said payment. 4. The said was adjudged a lunatic for whom was duly appointed guardian by the Chancery Court of New Jersey on the day of , as appears by exemplified copy of the record of said proceedings annexed to this petition as Exhibit "B." 5. As will appear from the exemplified copy annexed hereto, bond in the sum of dollars has been duly entered as FORMS 100, 101 655 specific security for the faithful accounting by said guardian for the said payments to him of the said annual sum of dollars as hereinbefore set forth. Your petitioner, therefore prays for leave and authority to pay to , Guardian of , a lunatic, the sum of $ per annum from the income of the said trust estate of the said , known as , under the Second Clause of the will of , as the same shall from time to time become due and payable. And your petitioner will ever pray, etc. County of Philadelphia, ss: being duly sworn according to law, deposes and says that he is of The Company, and that the facts set forth in the foregoing petition are true to the best of his knowl- edge, information and belief. Sworn to and subscribed before me this day of , 1919. DECREE. And Now, to wit, this day of 1919, upon consideration of the foregoing petition and on motion of , attorneys for petitioner, the Court grants the prayer thereof and authorizes and directs the Company , Trustee under the will of , to pay to , a lunatic, the sum of dollars per annum from the income of the said trust estate of the said , known as , under the Second Clause of the will of , as the same shall from time to time become due and payable. xoi. PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM FOR MINORS UNDER THE AGE OF 14 YEARS FOR REPRESENTATION IN SALE OF REAL ESTATE. 616. In the Orphans' Court of Philadelphia County. In the matter of the Estate of John Doe, deceased. A cr nij ~~ | X\J o JL--M-I_B ^ 656 FORMS 101 To the Honorable, the Judges of the Said Court: The petition of Mary Roe and George Roe, by their father and next friend, Richard Roe, respectfully represents: 1. That your petitioners are the children of Jane Roe and Richard Roe, both of whom are living. 2. That your petitioners reside with their parents in Philadel- phia, Pennsylvania. 3. That Mary Roe was born on the day of , and is now over years of age ; that George Roe was born on the day of , and is now over years of age. 4. That your petitioners as the children of Jane Roe who was a daughter of Sarah Jones, who was a daughter of the above dece- dent, have a possible contingent interest in remainder in the estate of the said decedent. 5. That proceedings are now pending before your Honorable Court for the sale of certain real estate wherein it is necessary that your petitioners be represented by a guardian ad litem. 6. That your petitioners have no such guardian and therefore request your Honorable Court to appoint , a citizen and resident of Philadelphia County, as guardian ad litem for the purpose aforesaid. And your petitioners will ever pray, etc, Mary Roe. George Roe. By Their Father and next friend. Commonwealth of Pennsylvania, County of Philadelphia, ss: Richard Roe being duly sworn according to law, deposes and says that he is the father of Mary Roe and George Roe, the minors described in the foregoing petition ; that he is familiar with the facts set forth therein and that the same are true to the best of his knowledge, information and belief ; that sug- gested as guardian ad litem is a resident of the City of Philadel- phia, and is a person of respectability and property in whom the interests of the said minors may be safely entrusted; that he is neither Executor, Trustee or Administrator of any estate in which the said minors have an interest, nor officer or employe of any FORMS 101, 102 657 such fiduciary, nor surety on the bond of any such fiduciary, nor officer or employe of any such surety on the bond of any such fiduciary. Sworn to and subscribed before me this day of , 1921. JOINDER. I, the undersigned, mother of the minors, and hereby acknowledge that I have received notice of the intended presentation of the foregoing petition and join in the prayer thereof. DECREE. And Now, to wit, this day of , 1921, upon con- sideration of the foregoing petition and on motion of , attorneys for the petitioners, is hereby appointed guardian ad litem for and , minors ; no security to be entered and no property to come into the hands of the said guardian until the further order of this Court. By the Court : J- 102. PETITION FOR APPOINTMENT OF GUARDIAN AD LITEM FOR MINOR OVER THE AGE OF 14 YEARS FOR REPRESENTATION AT AUDIT. 616. In the Orphans' Court of Philadelphia County. In re Estate of Joseph Doe, deceased. Term, , No. . To the Honorable, the Judges of the Said Court: The petition of Emma Roe respectfully represents : 1. That your petitioner is the daughter of William Roe and Marion Roe, his wife, both of whom are living. 2. That she resides with her parents at , Philadelphia, Pennsylvania. 3. That she was born on the day of , and is now over eighteen years of age. 42 658 FORMS 102 4. That your petitioner as the daughter of Marion Roe who is a daughter of the above decedent has a possible contingent interest in remainder under the will of the above decedent, a copy of which is annexed hereto as Exhibit "A." 5. That the account of and , Trustees is now before your Honorable Court for audit, wherein it is necessary that your petitioner be represented by a guardian ad litem. 6. That your petitioner has no such guardian and therefore requests your Honorable Court to appoint William Blackstone, Esq., as guardian ad litem for the purpose aforesaid. And your petitioner will ever pray, etc. State of , County of , ss: Emma Roe being duly sworn according to law, deposes and says that she is the petitioner herein and that the facts set forth in the foregoing petition are true to the best of her knowledge, information and belief. Sworn to and subscribed before me this day of , 192 . State of , County of , ss: William Roe being duly sworn according to law, deposes and says that he is the father of the minor, Emma Roe, mentioned in the foregoing petition and that he is well acquainted with the estate of the said minor ; that the facts set forth in the foregoing petition are true to the best of his knowledge, information and belief; that William Blackstone, Esq., suggested as guardian, is a member of the Bar and resident of the City of Philadelphia, and is a person of respectability and property in whom the inter- ests of the said minor may be! safely entrusted ; that he is neither Executor, Trustee or Administrator of any estate in which the said minor has an interest, nor officer or employe of any such fiduciary, nor surety on the bond of any such fiduciary, nor officer or employe of any such surety on the bond of any such fiduciary. Sworn to and subscribed before me this day of , 192 . FORMS 102, 103 659 JOINDER. I, the undersigned, mother of the minor, Emma Roe, hereby acknowledge that I have received notice of the intended presen- tation of the foregoing petition and join in the prayer thereof. DECREE. And Now, to wit, this day of , 192 , upon consideration of the foregoing petition, William Blackstone, Esq., is hereby appointed guardian ad litem for Emma Roe, a minor; no money or other property to come into the hands of the said guardian and no security to be entered until the further order of this Court. By the Court: J. 103. PETITION BY GUARDIAN FOR LEAVE TO EN- TER SECURITY TO RECEIVE AWARD FROM FOREIGN JURISDICTION. In the Orphans' Court of Philadelphia County. In the matter of the Estates of , minors. Term, , No. . PETITION FOR LEAVE TO ENTER SECURITY. To the Honorable, the Judges of the Said Court: The petition of The Company , respectfully rep- resents : 1. That your petitioner was duly appointed guardian of the estates of the above minors, all of whom are under the age of fourteen years, by decree of your Honorable Court dated , without bond, the purpose of said appointment being to receive the minors' share of the estate of their father, , deceased, of Philadelphia County, ( ), amounting to the sum of $ net. 2. The said minors are also entitled to the sum of $ now in the hands of the Trust Company of , New Jersey, the same being the proceeds from the sale of real estate and said sum being composed as follows : $ . 660 FORMS 103 3. , father of said minors died in , leaving to survive him, his widow, , who is the sole heir and next of kin of said minors. She has received notice of the intended pres- entation of this petition and joins in the prayer thereof. 4. All parties in interest desire the transfer of the said fund from the said Trust Company of , New Jersey, to your petitioner as guardian of the said minors and to secure same it is necessary that security be entered therefor. Wherefore your petitioner prays that it be given authority to enter security in your Honorable Court in the sum of $ , as security for the transfer to your petitioner of the sum of $ , composed as hereinabove set forth from the Trust Com- pany of , New Jersey. And your petitioner will ever pray, etc. THE COMPANY, Guardian. By- State of Pennslyvania, County of Philadelphia, ss: being duly sworn according to law, deposes and says that he is of the corporation petitioner, and that the facts set forth in the foregoing petition are true to the best of his knowledge, information and belief. Sworn to and subscribed before me this day of , 1921. JOINDER. I, the undersigned, being the only party in interest, in the fore- going petition other than The Company, Guardian of , minors, hereby acknowledge that I have received notice of the intended presentation of the foregoing petition and join in the prayer thereof. In the Orphans' Court of Philadelphia County. In the matter of the Estates of , minors. Term, , No. . FORMS 103 661 DECREE. And Now, to wit, this day of , 1921, upon con- sideration of the annexed petition and on motion of , attorneys for the petitioner, It is hereby ordered and decreed that the prayer thereof be granted and that The Company , guardian of the estates of , be and the same is hereby authorized and empowered to enter security in the sum of $ , as security for the transfer to the said guardian by the Trust Company of , New Jersey, of a fund of $ , composed of $ , being the amount due said minors from the sale of certain real estate in New Jersey, and the bond of the said The Company , is hereby approved as such security. By the Court : J. TABLE OF ACTS OF ASSEMBLY REPEALED (References are to sections. Unless otherwise noted the re- peal is absolute.) Sec. 1705 Sec. i, 2, 5 & 8 i Sm. L. 33 291 Sec. 3, 4, 6 & 7 i Sm. L. 33 253 1705-6 Jan. 12 2 St. at L. 198, Ch. 134 623 1713 Mar. 27 Sec. i, 8 & g i Sm. L,. 81 166 Sec. 2-7, 10-13 i Sm. L. 81 623 Sec. 14, 15 & 16 i Sm. L. 81 291 1772 Mar. 21 i Sm, L. 383 623 Sec. 5 i Sm. L. 389 623 1777 Mar. 14 i Sm. L. 443 in part 291 1779 Oct. 9 i Sm. L. 473 623 1791 April 6 Sec. 5 3 Sm. L. 20 291 April 13 Sec. 5, 6, 18 3 Sm. L. 28 166 Sec. 8 3 Sm. L. 28 623 Sept. 30 Sec. 2 3 Sm. L. 58 291 1792 Mar. 31 3 Sm. L. 66 623 1794 April 19 Sec. i, 2, 14-21 3 Sm. L. 143 623 Sec. 3, 13-18 3 Sm. L. 143 352 Sec. 22 3 Sm. L. 143 65 Sec. 23 3 Sm. L. 143 253 Sec. 24 3 Sm. L. 143 166 1797 April 4 Sec. 1-4, 9 3 Sm. L. 296 623 Sec. 5, 6, 7 3 Sm. I/. 296 352 Sec. 8 3 Sm. L. 296 in part 65 Sec. 10 3 Sm. L. 296 253 1800 Mar. 10 3 Sm. L,. 433 623 1802 April 2 P. L. 133 623 1804 Mar. 12 P. L. 271 623 April 2 P. L. 459 65 1805 April i P. L. 205 65 1807 April 7 Sec. 6, 7, 8 P. L. 155 65 April 7 Sec. 9 P. L. 155 in part 65 April 7 Sec. 10 P. L. 155 212 April 7 Sec. ii P. L. 155 253 1808 Mar. 26 Sec. 2 P. L. 144 65 Mar. 26 Sec. 3 P. L. 144 623 1810 Mar. 19 P. L. 96 253 1811 April i Sec. i P. L. 198 253 April i Sec. 2 P. L. 198 623 1814 Feb. 7 P. L. 44 623 1815 Mar. 13 P. L. 173 352 663 664 ACTS REPEALED Sec 1818 Feb. 17 P. L. 104 in part 623 Mar. 10 P. L. 183 623 Mar. 24 Sec. 7 P. L. 285 in part 623 1819 Jan. 21 P. L. 25 352 Feb. 8 Sec. 2 P. L. 58 623 1821 Feb. 5 Sec. 2 P. L. 25 1 . 623 Mar. 30 P. L. 153 623 Mar. 31 Sec. 2 P. L. 178 623 1823 April i P. L. 286 623 1824 Feb. 18 Sec. I P. L. 25 in part 623 1825 Mar. 22 P. L. 107 in part 623 1826 April 8 Sec. I P. L. 255 623 April 8 Sec. 2 P. L. 255 212 1828 April 10 Sec. 3 P. L. 285 623 April 14 Sec. I & 2 P. L. 453 in part 623 April 14 Sec. 5 & 6 P. L. 484 65 1829 April 3 Sec. I & 2 P. L. 122 623 1830 April 6 Sec. 5 P. L. 272 291 April 7 P. L, 347 623 1832 Mar. 15 Sec. 1-5, 7-13, 17, 25, P. L. 135 291 3i, 32, 36, 38, 39, 42, 43 Mar. 15 Sec. 6, 14, 16, 18-24, 26- P. L. 135 623 30, 43, 44 Mar. 15 Sec. II P. L. 135 253 Mar. 15 Sec. 40, 42 P. L. 135 166 Mar. 29 Sec. 1-4, 52, 55-60 P. L. 190 166 Mar. 29 Sec. 5-34, 47, 53, 54 P- L- 190 623 Mar. 29 Sec. 35 P. L. 190 253 Mar. 29 Sec. 36-46, 48-51 P. L. 190 65 1833 April 6 P. L. 207 352 April 8 P. L. 249 253 April 8 P. L. 315 352 1834 Feb. 24 Sec. 1-41, 43, 45-61, 66- P. L. 73 623 68. Feb. 24 Sec. 42, 44, 46 P. L. 73 65 April 14 Sec. 52, 57 P. L. 341 166 1835 April 14 Sec. 1,3 P. L. 275 623 April 14 Sec. 2 P. L. 275 65 April 14 Sec. 4 P. L. 275 166 1836 Mar. ii Sec. 12, 13 P. L. 76 in part 623 June 14 Sec. 15-21, 23-26 P. L. 628 in part 623 June 16 Sec. i P. L. 682 212 June 16 Sec. 2 P. L. 682 166 June 16 Sec. 3 P. L. 682 623 June 16 Sec. 19 P. L. 784 166 June 16 Sec. 20, 22 P. L. 784 in part 166 1838 Mar. 17 Sec. 3 P. L. 80 in part 623 ACTS REPEALED 665 Sec. 1840 April 13 Sec. 1,2 P. L. 319 623 April 13 Sec. 4 P. L. 319 65 Oct. 13 Sec. i P. L. 1841-1 623 1842 Mar. 12 Sec. 5 P. L. 66 623 July 1 6 Sec. 52 P. L. 374 623 1843 April 4 Sec. 8 P. L. 131 in part 166 April 13 Sec. 22 P. L. 237 623 April 24 Sec. 8 P. L. 359 65 1844 April 6 P. L. 214 65 May 6 Sec. 2 P. L. 364 253 1845 April 15 Sec. I P. L. 458 65 1846 April 20 Sec. 2, 3 P. L. 411 in part 166 April 21 Sec. i P. L. 426 65 April 21 Sec. 2 P. L. 430 166 April 22 Sec. 9 P- L. 476 623 April 22 Sec. i P. L. 483 623 1847 Mar. 13 P. L. 319 65 Mar. 16 Sec. 2 P. L. 474 212 1848 Jan. 27 P. L. 16 253 Feb. 8 P. L. 27 623 April ii Sec. 7 & ii P. L. 536 253 April 1 1 Sec. 9 P. L. 536 in part 352 April ii Sec. 9 P. L. 536 in part 623 1849 Mar. 14 P. L. 164 in part 623 April 9 Sec. 2 P. L. 511 623 April 9 Sec. 4 P. L. 524 in part 65 April 9 Sec. 5, 13, 16 P.I/. 524 623 April 10 Sec. 2 P. L. 591 in part 65 April 10 Sec. 10 P. L. 591 623 1850 Mar. 14 Sec. I P. L. 195 in part 623 April 25 Sec. i, 5, 44 P- L- 569 623 April 25 Sec. 2 P. L. 569 65 April 25 Sec. 10 P. L. 569 in part 65 April 25 Sec. 18 P. L. 569 166 April 26 Sec. 22, 23 P. L. 577 in part 65 April 26 Sec. 22, 23 P. L. 577 in part 623 April 26 Sec. 25 P. L. 577 623 May 15 Sec. 8 P. L. 764 623 1851 April 3 Sec. 1-5 P. L. 35 212 April 3 Sec. 6 P. L. 305 623 April 3 Sec. 10 P. L. 305 291 April 14 Sec. 5 P. L. 612 623 April 15 Sec. 18 P. L. 669 623 1853 Feb. 2 P. L. 31 623 Feb. 23 P. L. 98 623 April 18 Sec. 1-8, 10 P. L. 503 212 1854 Feb. 20 Sec. i P. L. 89 in part 65 Mar. 6 Sec. I P. L. 155 in part 166 666 ACTS REPEALED Sc. 1854 Mar. 27 Sec. i . . . . P. L. 214 in part 623 April 13 Sec. i & 3 P. L. 368 212 April 13 Sec. 2 P. L. 368 in part 623 May 5 P. L. 57O 623 1855 April 12 P. L. 214 .. 65 April 26 Sec. 1 1 P. L. 328 in part 253 April 27 Sec. i P. L. 368 in part 253 April 27 Sec. 2 P. L. 368 352 April 27 Sec. 3 P. L. 368 in part 352 April 27 Sec. 4 ! P. L. 368 in part 65 April 27 Sec. 5 P. L. 368 212 May 3 Sec. 2-5 P. L. 415 in part 623 May 4 Sec. i & 6 P. L. 430 253 May 4 Sec. 5 P. L. 43O 352 May 4 Proviso of Sec. 7 P. L. 430 352 1856 April ii Sec. 4 P. L. 315 623 April 17 Sec. i & 2 P. L. 386 65 April 19 Sec. 4 & 5 P. L. 458 291 April 21 P. L. 495 623 April 22 Sec. 7 P. L. 532 291 April 22 Sec. 8 P. L. 532 .*. 623 April 22 Sec. 10 P. L. 532 in part 65 1857 May 14 P. L. 507 in part 352 1859 Mar. 13 P. L. 611 623 Mar. 22 Sec. I P. L. 207 623 April 6 P. L. 384 623 April 7 P. L. 406 623 April 8 P. L. 425 in part 623 April 13 P. L. 604 623 1861 May I P. L. 420 623 May i P. L. 43* in part 623 May i P. L. 680 in part 623 1863 April i P. L. 187 212 April i P. L. 205 166 April ii P. L. 341 65 1864 Mar. 17 P. L. 53 623 April 18 P. L. 462 212 April 23 P. L. 550 623 April 27 P. L. 641 in part 65 Aug. 25 P. L. 1029 623 1865 Mar. 22 P. L. 31 in part 65 Mar. 27 P. L. 44 in part} 623 Mar. 27 P. L. 45 65 Nov. 27 P. L. 1866-1227 623 1866 April 17 P. L. 108 212 April 17 P. L. in in part 623 May 17 P. L. 1096 623 1867 Jan. 7 P. L. 1367 65 ACTS REPEALED 667 Sec. 1867 Feb. 13 P. L. 160 65 Mar. 23 Sec. 12 P. L. 43 212 April 15 P. L. 86 623 1868 April 9 P. L. 785 in part 623 April 14 P. L. 97 623 April 28 P. L. 105 65 1869 Feb. 18 Sec. i P. L. 183 623 Feb. 26 P. L. 4 in part 65 Mar. 30 P. L. 15 in part 65 April 12 P. L. 27 623 April 13 P. L. 28 in part 65 April 17 P. L. 70 623 April 17 P. L. 72 623 April 20 Sec. I P. L. 77 253 April 20 Sec. 2 P. L. 77 65 1871 May 17 (Act No. 250) P. L. 269 in part 623 May 17 (Act No. 251) P. L. 269 623 May 23 P. L. 274 65 May 25 P. L. 279 623 June 15 P. L. 387 in part 623 1872 April 8 P. L. 44 623 1874 May 14 P. L. 156 in part 65 May 14 P. L. 166 65 May 15 P. L. 194 623 May 15 P. L. 195 623 May 19 Sec. 2, 4, 6, 10 P. L. 206 166 May 19 Prov. to Sec. 6 P. L. 206 623 June 8 P. L. 277 212 1875 Mar. 4 P. L. 5 166 Mar. 18 P. L. 29 166 1876 April 9 P. L. 19 in part 166 April 28 P. L. SO in part 623 May 8 P. L. 133 623 May 8 P. L. 140 65 1877 Feb. 16 P. L. 3 in part 623 Mar. 24 P. L. 37 291 1878 May 22 Sec. I & 2 P. L. 83 in part... 623 May 24 P. L. 131 166 1879 April ii Sec. i, 2, 3 P. L. 21 623 May i P. L. 40 in part 65 June 4 P. L. 84 in part 166 June 4 P. L. 84 in part 623 June 4 P. L. 88 253 1881 May 10 P. L. 14 in part 623 June 10 P. L. 86 253 June 10 P. L. 106 623 1883 June 4 P. L. 65 623 June 4 P. L. 74 623 668 ACTS REPEALED Sec. 1883 June 5 P. L. 88 352 June 13 P. L. 91 166 June 20 P. L. 131 352 June 27 P. L. 163 623 1885 June 5 P. L. 78 in part .,.. 166 June 24 P. L. 155 291 June 24 P. L. ISS 623 June 30 P. L. 203 623 June 30 P. L. 251 352 1887 April 13 P. L. 53 352 May 19 Prov. of Sec. I P. L. 125 352 May 25 P. L. 261 352 May 25 P. L. 264 253 June 6 P. L. 359 291 1889 April 4 P. L. 23 65 April 22 P. L. 42 623 April 23 P. L. 48 291 May 7 P. L. 102 in part 166 May 8 P. L. 123 in part 623 May 9 P. L. 146 65 May 9 ( ist Prov. of Sec. i).. P. L. 168 352 May 9 P. L. 182 623 May 13 P. L. 190 623 1893 May 19 Sec. 2 P. L. no 623 May 31 P. L. 188 166 May 31 P. L. 1 88 in part 291 June 3 P. L. 273 in part 623 June 8 Sec. 5 P. L. 344 253 June 8 P. L. 356 623 June 8 P. L. 392 623 June 12 P. L. 461 65 1895 May 8 P. L. 44 in part 623 May 22 P. L. 114 in part 65 June 18 P. L. 197 623 June 24 Sec. i P. L. 236 623 June 24 P. L. 237 in part 65 June 24 P. L. 248 in part 623 June 25 P. L. 305 291 June 26 P. L. 381 in part 65 1897 June 14 P. L. 142 in part 352 June 14 Sec. I P. L. 144 212 June 15 Sec. i & 2 P. L. 159 212 June 23 P. L. 200 623 July 9 P. L. 213 in part 253 July 12 P. L. 256 253 July 14 P. L. 269 623 1899 April 28 P. L. 120 623 April 28 P. L. 157 623 ACTS REPEALED 669 Sec. 1901 May II P. L. 174 in part 623 May 21 P. L. 272 623 June 10 P. L. 55i 352 June 10 P. L. 553 in part 65 June 14 P. L. 562 623 July 10 Sec. 2, 3, 4 P. L. 639 352 1903 Mar. 5 P. L. 10 623 Mar. 26 P. L. 70 352 April 3 P. L. 151 in part 65 April 22 P. L. 241 212 1905 Feb. 28 P. L. 26 291 Mar. 16 P. L. 42 in part 623 Mar. 30 P. L. 77 623 Mar. 31 P. L. 91 623 April 6 P. L. 1 14 623 April 14 P. L. 153 623 April 18 P. L. 208 166 April 22 Prov. to Sec. I P. L. 297 352 1907 Mar. 22 P. L- 29 623 May 23 P. L. 201 ". 623 May 28 P. L. 271 in part 623 June i P. L. 364 in part 65 June I : P. L. 384 in part 623 1909 April i P. L. 79 291 April i P. L. 87 352 April i P. L. 95 in part 166 April i P. L. 95 in part 623 April 23 P. L. 156 in part 212 April 27 P. L. 202 in part 623 May 3 P. L. 386 623 May 3 P. L. 391 in part 623 May 6 P. L. 459 623 May 8 P. L. 489 in part 65 1911 April 21 P. L. 79 253 April 27 P. L. 87 291 June i Sec. 3 & 4 P. L. 539 in part 352 June 7 P. L. 702 in part 253 June 8 P. L. 709 166 June 9 Sec. i, 2, 3 P. L. 724 623 June 9 P. L. 744 623 June 10 P. L. 870 623 June 10 P. L. 874 623 June 13 P. L. 890 623 1913 May 23 P. L. 304 65 May 23 P. L. 344 623 May 23 P. L. 345 212 May 28 P. L. 369 623 May 28 P. L. 373 623 670 ACTS REPEALED 1915 occ. June 12 P. L. 470 623 July 19 P. L. 844 166 July 21 P. L. 872 352 July 21 P. L. 875 352 July 21 P. L. 877 .... 623 July 22 P. L. 908 , 623 April 15 P. L. 124 253 April 21 P. L. i45 253 April 21 P. L. 156 166 May 3 P. L. 218 623 May 3 P. L. 234 352 May 6 P. L. 265 .... 623 May 6 P. L. 267 .... 623 May 6 P. L. 269 in part .... 65 May 14 P. L. 475 .... 623 May 28 P. L. 580 in part 352 May 28 P. L. 635 212 June I P. L. 682 623 June i P. L. 689 .... 623 June ii P. L. 949 623 TABLE OF ACTS OF ASSEMBLY RE- FERRED TO IN COMMISSIONERS' REPORT (References are to Sections.) 1683 noth Law ...294, 309, 316, 318, 322,345 1684 I72nd Law ...294, 309, 3i6, 318, 322,345 1693 3 Sm. L. I54n . . .294, 309, 316, 318, 322, 345 1700 3 Smi. L. 155" 345 1705 Sm. L. 33 215, 242,265 Sm. L. 33, Sec. i 266, 270 Sm. L. 33, Sec. 3 218 Sm. L. 33, Sec. 4 220 Sm. L. 33, Sec. 6 241 Sm. L. 33, Sec. 7 221 3 Sm. L. 15611 294, 316, 318,322 3 Sm. L. 15611, Sec. 2 346 3 Sm. L. i56n, Sec. 8 294 3 Sm. L. 15611, Sec. 10 294 3 Sm. L. I57n, Sec. 5 345 1713 Mar. 27 i Sm. L. 81 579 i Sm. L. 81, Sec. 2 385, 387 i Sm. L. 81, Sec. 7 & 12 . . 599 i Sm. L. 81, Sec. 8 127 i Sm. L. 81, Sec. 16 274 1764 Mar. 23 3 Sm. L. 15911, Sec. 2 294, 309 1772 Mar. 21 i Sm. L. 383 470 Sm. L. 383, Sec. i 466 Sm. L. 383, Sec. 5 357 Sm. L. 383, Sec. 7 467 1777 Mar. 14 Sm. L. 443, Sec. 3 255 Sm. L. 443, Sec. 6 261 1787 Sept. 29 2 Sm. L. 425 348 1791 Mar. 12 3 Sm. L. 8, Sec. i 255,258 April 6 3 Sm. L. 20, Sec. 5 262, 465 April 13 3 Sm. L. 28 517 3 Sm. L. 28, Sec. 8 5i8 3 Sm. L. 28, Sec. 18 278, 285 Sept. 30 3 Sm. L. 58, Sec. 2 285 1792 Mar. 31 3 Sm. L. 66 459 3 Sm. L. 66, Sec. 1-3 460 3 Sm. L. 66, Sec. 4 491, 493 3 Sm. L. 296, Sec. 8 17 April 19 3 Sm. L. 143 340, 415 3 Sm. L. 143, Sec. i 382 671 672 ACTS REFERRED TO 1792 April 19 3 Sm. L. 143, Sec. 3 294, 309, 563 3 Sm. L. 143, Sec. 4 294,309 3 Sm. L. 143, Sec. 5 316 3 Sm. L. 143, Sec. 6 316,318 3 Sm. L. 143, Sec. 7 3*6 3 Sm. L. 143, Sec. 8 318 3 Sm. L. 143, Sec. 9 - 346 3 Sm. L. 143, Sec. 10 344 3 Sm. L. 143, Sec. n 318 3 Sm. L. 143, Sec. 12 322 3 Sm. L. 143, Sec. 14 391 3 Sm. L. 143, Sec. 15 304,552-3 3 Sm. L. 143, Sec. 16 553 3 Sm. L. 143, Sec. 18 345 3 Sm. L. 143, Sec. 19 432 3 Sm. L. 143, Sec. 20 434 3 Sm. L. 143, Sec. 21 36, 430 3 Sm. L. 143, Sec. 22 2, n, 13, 17 3 Sm. L. 143, Sec. 23 243 April 4 3 Sm. L 296, Sec. 1-2 340,387 3 Sm. L. 296, Sec. 4 418 3 Sm. L. 296, Sec. 5 295,316,318 3 Sm. L. 296, Sec. 7 3*8 3 Sm. L. 296, Sec. 9 542 1800 Mar. 12 3 Sm. L. 433 493 3 Sm. L. 433, Sec. 1,2 493, 494 3 Sm. L. 433, Sec. 3 360, 493, 944 3 Sm. L. 433, Sec. 4, 5 493, 494 1802 April 2 3 Sm. L. 499 441 1803 Mar. 28 Sec. 4 388 1804 Mar. 12 P. L. 271 459 Mar. 12 P. L. 271, Sec. i 460 April 2 P. L. 459, Sec i 30 1805 April i P. L. 205, Sec. i 50 1807 April 7 P. L. 155, Sec. 6 26 P. L. 155, Sec. 7 30 P. L. 155, Sec. 8 15 P. L. 155, Sec. 9 19 P. L. 155, Sec. 10 432 1808 Mar. 26 P. L. 144, Sec. i 24 P. L. 144, Sec. 2 30 1810 Mar. 19 P. L. 96 233 1811 April i P. L. 191, Sec. 2 432 1812 Mar. 31 5 Sm. L. 395 214 1814 Feb. 7 P. L. 44, Sec. i 362 1818 Feb. 17 P. L. 104, Sec. i 572 Mar. 10 P. L. 183 459 P. L. 183, Sec. 1-3 460 Mar. 24 P. L. 285, Sec. 7 520 ACTS REFERRED TO 673 1819 Jan. 21 P. L. 25 340 1821 Feb. 5 P. L. 25, Sec. 2 460 Mar. 30 P. L. 153, Sec. i 605 P. L. 153, Sec. 3 608 P. L. 153, Sec. 4 563 1823 Mar. 31 P. L. 216 59 P. L. 216, Sec. i 487 April i P. L. 286, Sec. i 542 P. L. 286, Sec. 2 561 1824 Feb. 18 P. L. 25 528 1825 Mar. 22 P. L. 107, Sec. 1-2 587 1826 April 7 P. L. 227, Sec. 5 380 April 8 P. L. 255 432 1828 April 14 P. L. 453, Sec. 1-2 587 P. L. 484, Sec. 5 39 P. L. 484, Sec, 6 58, 59 1829 April 3 P. L. 122 384 P. L. 122, Sec. 2 526 1830 April 6 P. L. 272, Sec. 5 289 P. L,. 272, Sec. 9 255 1832 Mar. 15 P. L. 135, Sec. i 255, 256 P. L. 135, Sec. 2 257 P. L. 135, Sec. 3 . . .- 258 P. L. 135, Sec. 4 261 P. L. 135, Sec. 5 262 P. L. 135, Sec. 6 355, 590 P. L. 135, Sec. 7 267,591 P. L. 135, Sec. 8 268 P. L. 135, Sec. 9 269 P. L. 135, Sec. 10 265 P. L. 135, Sec. ii 220,265 P. L. 135, Sec. 13 278 P. L. 135, Sec. 14 380 P. L. 135, Sec. 15 392, 539 P. L. 135, Sec. 16 384 P. L. 135, Sec. 17 270 P. L. 135, Sec. 18 359 P. L. 135, Sec. 19 360 P. L. 135, Sec. 20 361 P. L. 135, Sec. 21 356 P. L. 135, Sec. 22 357 P. L. 135, Sec. 23 364 P. L. 135, Sec. 24 382 P. L. 135, Sec. 25 280 P. L. 135, Sec. 26 400 P. L. 135, Sec. 27 385 P. L. 135, Sec. 28 387 P. L. 135, Sec. 29 542 P. L. 135, Sec. 30 542 P, L. 135, Sec. 31 285 43 674 ACTS REFERRED TO 1832 Mar. 15 P. L. 135, Sec. 32 274 P. L. 135, Sec. 36 289 P. L. 135, Sec. 37 287 P. L. 135, Sec. 38 288 P. L. 135, Sec. 40 158 P. L. 135, Sec. 41 . 160 P. L. 135, Sec. 42 163, 286 P. L. 135, Sec. 44 388 1832 Mar. 29 P. L. 190, Sec. 2 74 P. L. 190, Sec. 4 93 P. L. 190, Sec. 5 S99,6oo P. L. 190, Sec. 6 601 P. L. 190, Sec. 8 605 P. L. 190, Sec. 9 606 P. L. 190, Sec, 10 608 P. L. 190, Sec. ii 563 P. L. 190, Sec. 12 570,575 P. L- 190, Sec. 13 607 P. L. 190, Sec. 14 528 P. L. 100, Sec. 15 544 P. L. 190, Sec 16 550 P. L. 190, Sec. 17 536 P. L. 190, Sec. 18 537 P. L. 190, Sec. 19 552, 555 P. L. 190, Sec 20 346, 543 P. L. 190, Sec 21 563 P. L. 190, Sec 22 566,579 P. L. 190, Sec 23 580 P. L. ioo, Sec 24 578 P. L. 190, Sec 25 579 P. L. 190, Sec 26 567,575 P. L. 190, Sec 27 569,577 P. L. 190, Sec 28 581 P. L. 190, Sec 29 561 P. L. ioo, Sec 30 562 P. L. 190, Sec 31, Cl. I 432 P. L. 190, Sec 31, Cl. II 433 P. L. 190, Sec 31, CL III 432 P. L. 190, Sec 32 302,448 P. L. 190, Sec 33 434 P. L. 190, Sec 34 436 P. L. ioo, Sec 35 248 P. L. ioo, Sec 36 2, 4, 8, 22, 45 P. L. ioo, Sec 37 11,17,23 P. L. ioo, Sec 38 12, 17 P. L. ioo, Sec 39 13, 15, 17 P. L. 190, Sec 40 15, 18 P. L. ioo, Sec 41 26 P. L. ioo, Sec 42 30 P. L. ioo, Sec. 43 39, 620 ACTS REFERRED TO 675 1832 Mar. 29 P. L. 190, Sec. 44 50 P. L. 190, Sec. 45 19 P. L. 190, Sec. 46 4, 15,17 P. L. 190, Sec. 47 42, 441, 442 P. L. 190, Sec. 48 43 P. L. 190, Sec. 49 43 P. L. 190, Sec. 50 58 P. L. 190, Sec. 51 59 P. L. 190, Sec. 52 109 P. L. 190, Sec. 53 109,616 P. L. 190, Sec. 54 438 P. L. 190, Sec. 55 159 P. L. 190, Sec. 56 155 P. L,. 190, Sec. 57 116, 132,145 P. L. 190, Sec. 57, Cl. I 5 P. L. 190, Sec. 57, Cl. IV 120 P. L. 190, Sec. 57, Cl. VI 122 P. L. 190, Sec. 57, Cl. VII 123 P. L. 190, Sec. 57, Cl. IX & X 125 P. L. 190, Sec. 57, Cl. XI 127-9 P. L. 190, Sec, 57, Cl. XV .' 136 P. L. 190, Sec. 57, Cl. XVI 147 P. L. 190, Sec. 57, Cl. XVII 137 P. L. 190, Sec. 57, Cl. XVIII 138 P< L. 190, Sec. 57, Cl. XIX 140 P. L. 190, Sec. 57, Cl. XXI 143 P. L. 190, Sec. 57, Cl. XXV 133 P. L. 190, Sec. 58 107,112 P. L. 190, Sec. 59 163 P. L. 190, Sec. 60 150 1833 April 6 P. L. 207, Sec. i 341 April 8 P. L. 249, Sec. i, 2, 3 214 P. L. 249, Sec. 4 224 P. L. 249, Sec. 5 223 P. L. 249, Sec. 6 215 P. L. 249, Sec. 7, Cl. I 218 P. L. 249, Sec. 7, Cl. II 219 P. L. 249, Sec. 8 221 P. L. 249, Sec. 9 230 P. L. 249, Sec. 10 228 P. L. 249, Sec. ii 245 P. L. 249, Sec. 12 233, 266 P. L. 249, Sec. 13 241 P. L. 249, Sec. 14 242 P. L. 249, Sec. 15-16 243 P. L. 249, Sec. 17 250 P. L. 249, Sec. 18, 252 P. L. 315, Sec. i 294 P. L. 315, Sec. i, Cl. I 295 P. L. 315, Sec. i, Cl. II 296 676 ACTS REFERRED TO 1833 April 8 P. L. 315, Sec. 2, CL I 309 P. L. 315, Sec. 2, CL II 310 P. L. 315, Sec. 2, CL HI 3 P. L. 315, Sec 2, CL IV 3" P. L. 315, Sec. 3 3i6 P. L. 315, Sec. 4, CL I . 318 P. L. 315, Sec. 4, CL II 319 P. L. 315, Sec. 4, CL III 321 P. L. 315, Sec. 4, CL IV 320 P. L. 315, Sec. 5 3i6 P. L. 315, Sec. 7 322 P. L. 315, Sec. 8 323 P. L. 315, Sec. 9 332 P. L. 315, Sec. 10 340 P. L. 3^5, Sec. ii 332 P. L. 315, Sec. 12 348 P. L- 3iS, Sec. 13 344 P. L. 315, Sec. 14 343 P. L. 315, Sec. 15 3^4 P. L. 315, Sec. 16 346 P. L. 315, Sec. 17 333 P. L. 315, Sec. 19 345 P. L. 315, Sec. 20 349 1834 Feb. 24 P. L. 73, Sec. i 39* P. L. 73, Sec. 2 401 P. L. 73, Sec. 3 399 P. L. 73, Sec. 4 403 P. L. 73, Sec. 5 394 P. L. 73, Sec. 6 395 P. L. 73, Sec. 7 396 P. L. 73, Sec. 8 397 P. L. 73, Sec 9 398 P. L. 73, Sec 10 402 P. L. 73, Sec ii 399 P. L. 73, Sec 12 493 P. L. 73, Sec 13 491 P. L. 73, Sec 14 494 P. L. 73, Sec 15 459 P. L. 73, Sec 16 463 P. L. 73, Sec 17 461 P. L. 73, Sec 18 459,462 P. L. 73, Sec 19 38,455,496 P. L. 73, Sec 20 430 P. L. 73, Sec 21 415 P. L. 73, Sec 22, 23 416 P. L. 73, Sec 24, 25 418 P. L. 73. Sec 26 517 P. L. 73, Sec. 27 518 P. L. 73, Sec 28 512,522 P. L. 73, Sec 29 515 ACTS REFERRED TO 677 1834 Feb. 24 P. L. 73, Sec. 30 468, 516 P. L. 73, Sec. 31 363 P. L. 73, Sec. 32 520 P. L. 73, Sec. 33 426-7 P. L. 73, Sec. 34 422 P. L. 73, Sec. 35 428 P. L. 73, Sec. 36 429 P. L. 73, Sec. 37 521 P. L. 73, Sec. 38 552 P. L. 73, Sec. 39 555 P. L. 73, Sec. 40 555 P. L. 73, Sec. 41 37, 447, 553 P. L. 73, Sec. 42 36 P. L. 73, Sec. 43 437 P. L. 73, Sec. 44 34 P. L. 73, Sec. 44 34 P. L. 73, Sec. 45 37, 43, 447 P. L. 73, Sec. 46 40, 469 P. L. 73, Sec. 47 466, 555 P. L. 73, Sec. 48 466 P. L. 73, Sec. 49 469 P. L. 73, Sec. 50 470 P. L. 73, Sec. 51 467 P. L. 73, Sec. 52-6 470 P. L. 73, Sec. 57, 58 553 P. L. 73, Sec. 59 47* P. L. 73, Sec. 60 472 P. L. 73, Sec. 61 473 P. L. 73, Sec. 66 262, 465 P. L. 73, Sec. 67 362 P. L. 73, Sec. 68 365 April 14 P. L. 34i, Sec. 37-41 75 P. L. 341, Sec. 55 85 P. L. 34i, Sec. 56 88 P. L. 34i, Sec. 57 108 1835 April 14 P. L,. 275, Sec. 2 6 P. L. 275, Sec. 4 164 1836 Mar. ii P. L. 76, Sec. 12 565 June 14 P. L. 628, Sec. 6 388 P. L. 628, Sec. 16, 17 565 P. L,. 628, Sec. 18 587 P. L. 628, Sec. 19-21 565 P. L. 628, Sec. 23-26 587 June 16 P. L. 682, Sec. 2 164 P. L. 682, Sec. 3 592 P. L. 767 130 P. L. 784, Sec. 19 93 P. L. 784, Sec. 19, Cl. I V 98 P. L. 784, Sec. 19, Cl. V 100 P. L. 784, Sec. 19, Cl. VI 101 678 ACTS REFERRED TO 1836 June 16 P. L. 784, Sec. 19, Cl. VII P. L. 784, Sec. 19, Cl. VIII P. L. 784, Sec. 19, Cond P. L. 784, Sec. 20 P. L. 784, Sec. 21 P. L. 784, Sec. 22 102 104 106 146 107 151 1838 Mar. 17 P. L. 80, Sec. 2 589 1839 July 2 P. L. 559, 87 1840 April 13 P. L. 319, Sec. i 552 P. L. 319, Sec 4 a 1840 June 3 P. L. 593, Sec. i 260 Oct 13 P. L. (1841) i, Sec. i 551 1842 Mar. 12 P. L. 66, Sec. 5 592 April 5 P. L. 234, Sec. 9 2 P. L. 234, Sec. 15 6 3 July 16 P. L. 374, Sec. 52 425 July 27 P. L. 439, Sec. 15 179 1843 April 4 P. L. 131, Sec. 8 75 April 13 P. L. 235, Sec. 10 130 April 24 P. L. 359, Sec. 8 4 1844 April 6 P. L. 214, Sec. I 24 May 6 P. L. 364, Sec. 2 234 1845 April 15 P. L. 458, Sec i 30 June 18 P. L. 197 418 1846 April 20 P. L. 411, Sec 2 161 P. L. 4", Sec 3 162 April 21 P. L. 426, Sec. i 2 P. L. 430, Sec. 2 131 April 22 P. L. 483, Sec i 566,584 1847 Mar. 13 P. L. 319, Sec. I, first part 2 P. L. 319, Sec i, last part 14 1848 Jan. 27 P. L. 16, Sec. i 216 Feb. 8 P. L. 27, Sec. i 459 April ii P. L. 536, Sec. 7 214 P. L. 536, Sec. ii 245,296 1849 April 2 P. L. 511, Sec. 2 464 April 9 P. L. 524, Sec. 4 42 P. L. 524, Sec. 5 514 P. L. 524, Sec 13 520 P. L. 524, Sec. 16 445 April 10 P. L. 591, Sec. 10 2,8,584 1850 Mar. 14 P. L. 195, Sec I & 2 495 April 25 P. L. 569, Sec i 579 P. L. 569, Sec. 2 31 P .L. 569, Sec. 10 20 P. L. 569, Sec. 18 89 P. L. 569, Sec 44 60 3 April 26 P. L. 577, Sec. 22-3 59,487 May 15 P. L. 764, Sec. 8 592 ACTS REFERRED TO 679 1851 April 3 P. L. 305, Sec. 1-4 185 P. L. 305, Sec. 5 437 P. L. 305, Sec. 6 460 P. L. 305, Sec. 10 260 April 14 P. L. 612, Sec. 5 403, 404,406 April 15 P. L. 669, Sec. 18 512-22 1853 Feb. 2 P. L. 31, Sec. i 564 Feb. 23 P. L. 98, Sec. i 474-7 P. L. 98, Sec. 2 478 P. L. 98, Sec. 3 479 P. L. 98, Sec. 4 480 April 18 P. L. 503, Sec. i 168, 170, 203 P. L. 503, Sec. 2 175, 180, 182 P. L. 503, Sec. 3 183 P. L. 503, Sec. 4 174, 184, 192-4, 437, 439 P. L. 503, Sec. 5 186, 187,208 P. L. 503, Sec. 6 186, 189, 190, 192 P. L. 503, Sec. 7 171 P. L. 503, Sec. 8 210 P. L. 503, Sec. 10 102 1854 Feb. 20 P. L. 89, Sec. i 51,52,56 Mar. 6 P. L. 155, Sec. i 85 Mar. 24 P. L. 214, Sec. I 524 April 13 P. L. 368, Sec. I 195 P. L. 368, Sec. 2 528 P. L. 368, Sec. 3 168 1854 May 5 P. L. 57, Sec. i 522 1855 April 12 P. L. 214, Sec. I 57 April 26 P. L. 328, Sec. n 222 April 27 P. L. 368, Sec. I 231 P. L. 368, Sec. 2 323, 343 P. L. 368, Sec. 3 334 P. L. 368, Sec. 4 8,9 P. L. 368, Sec. 5 168 May 3 P. L. 4*5, Sec. 5 587 May 4 P. L. 430, Sec. i 245, 296 P. L. 430, Sec. 5 306, 307 P. L. 430, Sec. 6 226 P. L. 430, Sec. 7 338 1856 April ii P. L. 315, Sec. 4 559 April 17 P. L. 386, Sec. i 51,52,53 P. L. 386, Sec. 2 9, 33 April 19 P. L. 458, Sec. 4 273 April 21 P. L. 486, Sec. i 168 P. L. 495, Sec. i 596 P. L. 495, Sec. 2 597 April 22 P. L. 532, Sec. 2 461 P. L. 532, Sec. 7 276 P. L. 532, Sec. 8 383, 494 P. L. 532, Sec. 10 16 68o ACTS REFERRED TO 1857 Mar. 14 P. L. 97, Sec. 3 175 May 14 P. L. 507, Sec 337 1858 April 21 P. L. 413, Sec 337 1859 Mar. 13 P. L. 611, Sec. * 586 Mar. 22 P. L. 207, Sec 439 April 6 P. L. 384, Sec 519 April 7 P. L. 406, Sec 566,575,578 P. L. 406, Sec. 6 571 April 8 P. L. 425, Sec 403 April 13 P. L. 604, Sec 559 P. L. 611, Sec 586 1861 May i P. L. 420 482 P. L. 420, Sec. i 487 P. L. 420, Sec. 2 488 P. L. 431, Sec. i 442 P. L. 431, Sec. 2 443-4 P. L. 680, Sec. i 566,573,575 P. L. 680, Sec. 2 568 1863 April i P. L. 187 195 P. L. 205, Sec. i 156 April ii P. L. 341, Sec. i 44 1864 Mar. 17 P. L. 53, Sec. i 538 April 18 P. L. 462, Sec. i 173 April 23 P. L. 550 584 April 27 P. L. 641, Sec. i 45 Aug. 25 P. L. 1029, Sec. i 604 1865 Mar. 22 P. L. 30 176 P. L. 31, Sec. i 4 Mar. 27 P. L. 44, Sec. i, 2, 3 582 P. L. 45, Sec. I 3 Nov. 27 P. L. (1866) 1227 410,4" 1866 April II P. L. 78o 176 April 17 P. L. 108 195 P. L. in, Sec. i 52 May 17 P. L. 1096, Sec. i 471 P. L. 1096, Sec. 2 487,488 1867 Jan. 7 P. L. 1367, Sec. i 27 Feb. 13 P. L. 160 4 Mar. 23 P. L. 43, Sec. i 195 P. L. 43, Sec. 2 208 April 15 P. L. 86 542 1868 April 2 P. L. :o, Sec. 7 287 April 9 P. L. 785, Sec. i 574 April 14 P. L. 97, Sec. i 508 P. L. 97, Sec. 2 509 P. L. 97, Sec. 3 51 P. L. 97, Sec. 4 5" April 28 P. L. 105, Sec. i 38 1869 Feb. 18 P. L. 183 550 Feb. 26 P. L. 4, Sec. I 2 ACTS REFERRED TO 681 1869 Mar. 18 P. L. 409 497 Mar. 27 P. L. 488 605 Mar. 30 P. L. 15, Sec. i 54 April 12 P. L. 27 512-22 April 13 P. L. 28, Sec. i 43 April 17 P. L. 70, Sec. i 469, 539 P. L. 72, Sec. i 501 P. L. 72, Sec. 2 502 P. L. 72, Sec. 3 504 P. L. 72, Sec. 4 505 P. L. 72, Sec. 5, 6 503 April 20 P. L. 77, Sec. i 245 P. L. 77, Sec. 2 a 1871 May 17 P. L. 269 373 P. L. 269, Sec. i 469, 588 May 23 P. L. 274, Sec. i 37,46 P. L. 274, Sec. 2 37 May 25 P. L. 279, Sec. i 596 June 15 P. L. 387 421 P. L. 387, Sec. i 461 1872 Feb. 27 P. L. 173 271 April 8 P. L. 44, Sec. I 592 1873 Mar. 27 P. L. 49, Sec. I 130 1874 May 14 P. L. 156, Sec. i 55 P. L. 156, Sec. 2 51 P. I,. 156, Sec. 3 3 P. L. 166 32 May 15 P. L. 194, Sec. i, 2 358 P. L. 195, Sec. i 592 May 19 P. L. 206, Sec. I 67 P. L. 206, Sec. 2 69 P. L. 206, Sec. 3 68 P. L. 206, Sec. 4 108 P. L. 206, Sec. 6 93, 549 P. L. 206, Sec. 7 , 114 P. L. 206, Sec. 8 ; 163 P. L. 206, Sec. 9 107 P. L. 206, Sec. 10 86 May 24 P. L. 131, Sec. 1-4 70-73 June 8 P. L. 277, Sec. i 172 1875 Mar. 4 P. L. 5, Sec. I 75 Mar. 18 P. L. 29, Sec. I 91, no, 548 1876 April 7 P. L. 19 69 April 28 P. L. 50, Sec. I 446 May 8 P. L. 133, Sec. i 528 Mar. 24 P. L. 37, Sec. I 287 P. L. 140, Sec. i 23 1877 Feb. 16 P. L. 3, Sec. i 381 P. L. 37, Sec. 2 256 682 ACTS REFERRED TO 1878 May 22 P. L. 83, Sec. i 441 P. L. 83, Sec. 2-3 447 P. L. 98, Sec i 593 May 24 P. L. 131, Sec. 5 ill 1879 April ii P. L. 21 95 P. L. 21, Sec. i 617 P. L. 21, Sec. 2 ' 618 P. L. 21, Sec. 3,4 619 May i P. L. 40 8 June 4 P. L. 84 550 P. L. 88, Sec. i 227 P. L. 88, Sec. 2 235 P. L. 88, Sec. 3 229 1881 May 5 P. L. 12 68 May 10 P. L. 14 582 June 10 P. L. 96, Sec. 1,2 225 P. L. 106 559 1883 June 4 P- L. 65, Sec. I 449 P. L. 74, Sec. i 407 P. L. 74, Sec. 2 408 P. L. 74, Sec. 3 409 June 5 P. L. 88, Sec. i 334 June 13 P. L. 91 68 P.L. 97, 68 June 20 P. L. 131 341 June 27 P. L. 163, Sec. i 594 1885 May 28 P. L. 24, Sec. I 593 June 5 P. L. 78 148,561 June 24 P. L. 155, Sec. I 273,368 P. L. 155, Sec. 2 368 P. L. 155, Sec. 3 369 P. L. 155, Sec. 4 370 P. L. 155, Sec. 5 373-4 P. L. 155, Sec. 6 375 P. L. 155, Sec. 7 379 June 30 P. L. 203, Sec. 1,2 560 P. L. 251, Sec. i 343 1887 April 13 P. L. 53, Sec i 338-9 April 28 P. L. 72 68 May 19 P. L. 125, Sec. i 338 May 23 P. L. 158 153 May 25 P. L. 261, Sec. i, Cl. I-IV 325-331 P. L. 261, Sec 2 332 P. L. 264, Sec. i 226 June i P. L. 359, Sec I 281 June 3 P. L. 332 214 June 6 P. L. 359, Sec. 2 282 P. L. 359, Sec. 3 283 P L. 359, Sec. 4 284 ACTS REFERRED TO 683 x889 April April April 4 22 23 P. P. P. L. L. L. 23, Sec. i 42, Sec. i 48, Sec. i 61 532-4 275 April 25 P. L. 52 . 87 May 7 P. L. IO2, Sec. 3 May 8 P. L. 123, Sec. 598 May 9 P. L. 146, Sec. 2 P. L. 168, Sec. 338 P. L. 182, Sec. 450 May 13 P. L. 190 598 P. L. 190, Sec. i 596 P. L. 190, Sec. 2 597 1891 May 20 P. L. 98, Sec. i 593 1893 May 19 P. L. no, Sec 2 454 May 3i P. L. 188, Sec. I 90, 271 P. L. 188, Sec. 2 90, 272 June 3 P. L. 273, Sec. I, 2, 3 583 June 8 P. L. 344, Sec. 5 214 P. L. 356, Sec. I 483 P. L. 392, Sec. I 418 P. L. 392, Sec. 2 456 P. L. 392, Sec. 3 457 P. L. 392, Sec. 4 458 June 12 P. L. 461 30 P. L. 461, Sec. i 32 1895 Mar. 28 P. L. $1 68 May 8 P. L. 44, Sec. i 483-6,490 P. L. 44, Sec. 2 486 P. L. 44, Sec. 3 ,4 489 May 22 P. L. 114, Sec. i 47 June 24 P. L. 236, Sec. i 512-22 P. L. 237, Sec. i 29 P. L. 248, Sec. 1,2 390 June 25 P. L. 305, Sec. I 276 June 26 P. L. 38i, Sec. 1,2 4 1897 May 19 P. L. 72, Sec. 22 163 June M P. L. 142, Sec. I 334 P. L. 144 182 P. L. 144, Sec. I 175,177 June 15 P. L. 159 177 P. L. 159, Sec. 6 189 June 23 P. L. 200, Sec. I 593 July 9 P. L. 213, Sec. I 232 July 12 P. L. 256 234 July 14 P. L. 268 175 P. L. 269, Sec. I 481-2 P. L. 269 Sec. 2 488 1899 April 28 P. L. 1 20, Sec. I 471 P. L. 157, Sec. I 459 P. L. 157, Sec. 2 461 684 ACTS 1899 April 28 P. L. 157, Sec. 3 462 P. L. 157, Sec. 4 463 1901 April 4 P. L. 66 452 April ii P. L. 71 68 May 2 P. L, 117 68 May ii P. L. 174, Sec. 1,2 5*5 May 21 P. L. 272, Sec. I ' 449 P. L. 272, Sec. 2 450 June 7 P. L. 513 449 June 10 P. L. S5i, Sec. i 334 P.L.553 4 June 14 P. L. 562, Sec. i 418 P. L. 562, Sec. 2 420 July 10 P. L. 639, Sec. 2 334 P. L. 639, Sec. 3 335 P. L. 639, Sec. 4 336 July ii P.L.655 68 P. L. 657 68 July 18 P.L.669 68 1903 Mar. 5 P. L- 10, Sec. I 506 P. L. 10, Sec. 2 5C7 Mar. 26 P. L. 70, Sec. i 336 April 3 P. L. 151, Sec. i & 2 25 April 22 P. L. 241 195 1905 Feb. 28 P. L.26 285 Mar. 16 P. L. 42, Sec. i 535 Mar. 30 P. L- 77, Sec. i, 2, 3 617 Mar. 31 P. L. 91 598 April 6 P. L. 114, Sec. i 523 April 14 P. L. 153, Sec. i, 2, 3 376-8 April 18 P. L. 208 81 April 20 P. L- 239 445 April 22 P. L. 297, Sec. i 338 1907 Mar. 5 P. L. 6 240 Mar. 22 P. L. 26 68 P. 1-29 471 Mar. 23 P. L. 201 558 Mar. 25 P. L. 260 68 Mar. 28 P. L. 271, Sec. 1,2 531 P. L. 292, Sec 6 176 June i P. L. 364 16, 21 P. L. 384, Sec. 1-4 582 1909 April i P. L. 79, Sec. I 277 P- L. 87 294, 296-7 P. L. 95 550 AprU 27 P. L. 202, Sec. 1,2 561-2 May 3 P. L. 386, Sec. i 418, 419,421 P. L. 386, Sec 2 423 P. L. 386, Sec. 3 424 P. L. 386, Sec. 4 425 ACTS REFERRED TO 685 1909 May 3 P. L. 386, Sec. 5 418 P. L. 391, Sec. i 545-7 May 6 P. L. 459 403 May 8 P. L. 481, Sec. i 16,21 1911 April 21 P. L. 79, Sec. i 246 P. L. 79, Sec. 2 247 P. L. 79, Sec. 3 249 April 27 P. L. 87, Sec. I 256 P. L. 101, Sec. 5 76 June i P. L. 539, Sec. 3 338 P. L. 539, Sec. 4 338-9 June 7 P. L. 701, Sec. i 222 June 8 P. L. 709, Sec. i 154 June 9 P. L. 724, Sec. 1,2 451 P. L. 724, Sec. 3 452 P. L. 744 608 June 10 P. L. 870, Sec. i 556 P. L. 870, Sec. 2, 3 557 P. L. 874 38 P. L. 874, Sec. i 455,496 P. L. 874, Sec. 2 496 June 13 P. L. 890 592 1913 April 15 P. L. 72 240 May 23 P. L. 304 30, 33 P. L. 344 402 P. L. 345 170 May 28 P. L. 369, Sec. i 366 P. L. 369, Sec. 2 368 P. L. 369, Sec. 3 369 P. L. 369, Sec. 4 370 P. L. 369, Sec. 5 371 P. L. 369, Sec. 6 372 P. L. 369, Sec. 7 373 P. L. 373, Sec. 1,2 367 P. L. 373, Sec. 3 368 P. L. 373, Sec. 4 369 P. L. 373, Sec. 5 37O P. L. 373, Sec. 9 366 June 12 P. L. 470 451 July 19 P. L. 844, Sec. 1-5 81-4 July 21 P. L. 871 452 P. L. 872, Sec. i 299 P. L. 872, Sec. 2 300 P. L. 875 296-7 P. L. 877 403-6 July 22 P. L. 908, Sec. i 498 P. L. 908, Sec. 2 500 1915 Mar. 31 P. L. 41 7 April 2 P. L. 43 593 April 10 P. L. 112 452 686 ACTS REFERRED TO 1915 April 15 P. L. 124 224-5 April 21 P. L. 145 225 P. L. 156, Sec. i-s 77-80 April 28 P. L. 198 259 May 3 P. L,. 218, Sec. i 350 P. L. 218, Sec. 2,3,4 389 P. L. 234 " 306-7 May 6 P. L. 265, Sec. i 554 P. L. 267 402 P. L. 269, Sec. i 3 May 14 P. L. 475 418,424 May 28 P. L. 580 338 P. L. 635, Sec. i 204 June i P. L. 681, Sec. 1,2 410 P. L. 681, Sec. 3-6 4 n P.L.689 378 June n P. L. 945 373-4 (*So printed in the Act but evidently an error for April 13.) CITATIONS Orphans' Court Partition Act of 1917, P. L. 337. Section Section of act. herein. Citation. 1 (a) 2 Gilpin v. Brown, 268 Pa. 398, 112 Atl. 124. Stockdale's Est., 29 Dist. 1013. 2 4 Herdle's Est., 29 Dist. 817. Klump's Est., 50 Pa. C. C. 99, 29 Dist. 1004. Gilpin v. Brown, 268 Pa. 398, 112 Atl. 124. Dodd's Est, I Wash. 236. Battersby's Est., 29 Dist. 221. Dodd's Est., i Wash. 236. Battersby's Est., 29 Dist. 221. Fogelsanger's Est., 267 Pa. 321, no Atl. 172. Whitaker's Est, 30 Dist 814, 35 York 99. Dodd's Est., i Wash. 236. Klase's Est., 18 North 46. Dodd's Est., i Wash. 236. Orphans' Court Act of 1917, P. L. 363. 9 (i) 101 Owen's Est, 28 Dist 667. Wykoff v. Manzer, 22 Lack. 308. (j) 102 Stapler v. Atkinson, 27 Dist. 995. (1) 104 Hagerman's Est, 47 Pa. C. C, 498, 28 Dist 384. Wyant's Est., 33 York 208. 10 107 Hayden's Est, 28 Dist 39. 15 H3 Storer's Est., 28 Dist 215. 17 (a) 116 Seidman's Est, 20 Lack. 176. 20 (b) i 152 Di Battista's Est, 20 Dist 988. 2 153 Bleakley's Est, 28 Dist. 289, 15 Del. 199, 37 Lane. 29. 3 154 Bleakley's Est., 28 Dist. 289, 15 Del. 199, 37 Lane. 29. 21 (a) 159 Byerly's Est., 258 Pa. 410, 102 Atl. 143. Klagholz's Est., 27 Dist 95. (b) 160 Wand's Est, 50 Pa. C. C. 516. Revised Price Act of 1917, P. L. 388. 1 168 Behringer's Est, 265 Pa. ill, 108 Atl. 414. Garrison's Est, 65 P. L. J. 778. Jefferies' Est., 37 Lane. 435. Jones' Est., 47 Pa. C. C. 463, 28 Dist. 282. Maule's Est, 37 Lane. 231. St. Joseph's Church, 49 Pa. C. C. 315, 16 Sch. 327. (a) 169 Janney's Est., 27 Dist. 709. (f) 174 Scott's Est., 49 Pa. C. C. 295. 2 (a) 176 Act of May 2, 1919, P. L. in. Behringer's Est., 265 Pa. in, 108 Atl. 414. Frey's Est., 50 Pa. C. C. 468. Myers v. Crick, 271 Pa. 399. $87 688 CITATION OF CASES Section Section of act. herein. Citation. St. Joseph's Church, 49 Pa. C. C. 315, 16 Sch. 327. 2 (b) 177 Patterson v. Reed, 260 Pa. 219, 103 Atl. 735. (d) 179 Behringer's Est., 265 Pa. in, 108 Atl. 414. (!) 181 ' Behringer's Est., 265 Pa. in, 108 Atl. 414. 4 183 Act of July ii, 1917, P. L. 790. 8 188 Myers v. Crick, 271 Pa. 399. 12 191 Act of July II, 1917, P. L. 790. 13 192 St Joseph's Church, 49 Pa. C. C. 315, 16 Sch. 327. 20 (b) 206 Mauch's Est., 47 Pa. C. C. 490, 67 P. L. J. 308, 16 North. 405, 33 York. 45. Wills Act of 1917, P. L. 403. 2 215 Hodgson's; Est, 270 Pa. 210, 112 Atl. 778. Kris' Est., 30 Dist. 166. Perry's Est. 67 P. L. J. 216. Seiter's Est, 265 Pa. 202, 108 Atl. 614. Weber's Est, 12 Berks 12, aff'd in 268 Pa. 7, no Atl. 785. Wilson v. Cook, 49 Pa. C. C. 16. 3 216 Perry's Est., 67 P. L. J. 216. Kris' Est, 30 Dist. 166. 3 221 Henninger's Est, 30 Dist 413. 6 222 Channon's Est, 28 Dist. 479, aff'd in 266 Pa. 417, 109 Atl. 756. Eby's Est., No. 2, 37 Lane. 329, 30 Dist. 338. McNulty's Est., 29 Dist. 709. 8 (a) 224 Boyd's Est, 50 Pa. C. C. 163, 10 West. 47, aff'd in 270 Pa. 504. McLain's Est., i Wash. 220. ; (b) 225 Act of June 12, 1919, P. L. 443. Boyd's Est, 50 Pa. C. C. 163, 10 West. 47, aff'd in 270 Pa. 504. McLain's Est., i Wash. 220. 9 227 Annear's Est., 29 Dist. 44. 11 229 Duffy's Est, 49 Pa. C. C. 30, 29 Dist. 379. Spark's Est., 30 Dist. 85. 12 230 Rosenfeld v. Wahal, 48 Pa. C. C. 362. 14 232 English's Est 270 Pa. i, 112 Atl. 913. Segelbaum's Est., 24 Dauphin 274. 1 5 (a) 233 Gamier v. Gamier, 16 North. 205. Hill's Est, 30 Dist. 477, 69 P. L. J. 177, 348. Moore's Est, 30 Dist. 152, 68 P. L. J. 670, 15 Del. 367. Wagenhorst's Est, 12 Berks 89. (b) 234 Fetherolf's Est, No. 2, 29 Dist. 479, 12 Berks 62. Gamier v. Gamier, 16 North. 205. Moore's Est, 30 Dist 152, 68 P. L. J. 670, i$ Del. 367. Stock's Est., 49 Pa. C. C. 203, 29 Dist. 376. (c) 235 Gamier v. Gamier, 16 North. 205. Gregg's Est., 266 Pa. 189, 109 Atl. 177. Jackson's Est, 28 Dist 943, 68 P. L. J. 613. CITATION OF CASES 689 Section Section of act. herein. Citation. 15 (c) 235 Kane's Est., 69 P. L. J. 820. McNulty's Est, 29) Dist. 709. 16 (a) 236 Boyd's Est, 50 Pa. C. C. 163, 10 West. 47, aff'd in 270 Pa. 504. Moore's Est., 30 Dist., 152, 68 P. L. J. 670, 15 Del. 367. (b) 237 Boyd's Est, 50 Pa. C. C. 163, 10 West. 47, aff'd in 270 Pa. 504. Hill's Est, 30! Dist. 477, 69 P. L. J. 177, 348. Moore's Est., 30 Dist. 152, 68 P. L. J. 670, 15 Del. 367. 17 238 Greave's Est., 29 Dist 577. Gruner's Est, 29 Dist 1095, 49 Pa. C. C. 642. Mulgrew's Est, 69 P. L. J. 169. 20 (a) 241 Seiter's Est., 265 Pa. 202, 108 Atl. 614. (b) 242 Seiter's Est., 265 Pa. 202, 108 Atl. 614. 21 243 Act of May 20, 1921, (P. L. 937). Boyd's Est, 50 Pa. C. C. 163, 10 West. 47, aff'd in 270 Pa. 504. Greave's Est., 29 Dist. 577. Pfanenschmidt's Est., 35 Montg. 135. Shestack's Est., 267 Pa. 115, no Atl. 166. Shoch's Est., 29 Dist. 1163, aff'd in 271 Pa. 158. 23 (a) 245 Collom's Est., 47 Pa. C. C. 434, 28 Dist 503. Dodd's Est., i Wash. 236. Flower's Est., 30 Dist. 967. Langerwisch's Est., 47 Pa. C. C. 121, 28 Dist 470, 8 Leh. 147, aff'd in 267 Pa. 319, no Atl. 165. Schreckengost's Est., 77 Super. 235. Young's Est, i Wash. 250. (b) 246 Lehman's Est., 33 York 113, 8 Leh. 315. Flower's Est., 30 Dist 967. Young's Est., i Wash. 250. (c) 247 Flower's Est, 30 Dist 967. (d) 248 Haack's Est, 30 Dist 669. Flower's Est., 30 Dist. 967. 26 252 Gamier v. Gamier, 16 North. 205. Mulligan's Est., 47 Pa. C. C. 546, 28 Dist. 309. Perry's Est, 67 P. L. J., 216. Young's Est., i Wash. 250. Register of Wills Act of 1917, P. L. 415. 3 262 Cook's Est., 47 Pa. C. C. 84, 27 Dist. 1006. 4 263 Cook's Est., 47 Pa. C. C. 84, 27 Dist. 1006. Winsor's Est n Pa. C. C. 105, 27 Dist. 1010, 32 York 131, aff'd in 264 Pa. 552, 107 Atl. 888. 5 264 Burtop's Est, 66 P. L. J. 765. Sharpless' Est, i$ Del. 16, 20 Luz. 161, 28 Dist. 746. Wehrj^s Est., 27 Pa. C. C. 486, 15 Sch. 262, 33 York 68. 8 267 Fleming's Est., 265 Pa. 399, 109 Atl. 265. 9 268 Fleming's) Est, 265 Pa. 399, 109 Atl. 265. 44 690 CITATION OF CASES Section Section of act herein. Citation. 16 (a) 276 Burtop's Est, 66 P. L. J. 765. Fonda's Est, 5 Northumb. 249. Henry's Est, 30 Dist 945, 69 P. L. J. 737, 35 York 122. 18 279 Wand's Est, 50 Pa. C C. 516. 19 280 Cross' Est, i Erie 83. 20 (a) 281 Alexander's Est., 28 Dist 993, 33 York I. (d) 284 Alexander's Est, 28 Dist 993, 33 York I. 21 (a) 285 Burtop's Est, 66 P. L. J. 765. Cook's Est, 47 Pa. C. C. 84, 27 Dist 1006. Winsor's Est, 47 Pa. C. C. 105, 27 Dist. 1010, 32 York 131, affd in 264 Pa. 552, 107 Atl. 886. 24 289 Act of April 16, 1921, P. L. 94. Intestate Act of 1917, P. L. 429. Gen. 292 Miles' Est, S. C. Oct 1921, No. 61-2. 1 (a) 294 Caldwell v. Caldwell, 70 Super. 332. (b) 295 Comm. v. Rife, 50 Pa. C. C. 22. 2 (a) 296 Act of July 11, 1917, P. L. 755- Brady's Est, 29 Dist. 24. Carrell's Est, 264 Pa. 140. Collom's Est, 47 Pa. C. C 434, 28 Dist 503. Desmond's Est, 28 Dist 231, 36 Lane. 217, 8 Leh. 255. Dodd's Est, i Wash. 236. Langerwisch's Est., 47 Pa. C. C. 121, 28 Dist 470, 8 Leh. 147, aff'd in 267 Pa. 319, no Atl. 165. McDonald's Est, 49 Pa. C. C. 423, I Wash, 10, rev'd in 268 Pa. 486, 112 Atl. 98. McNulty*s Est, 29 Dist 709. Nolan's Est, 68 P. L. J. 588, 2 Erie in, 21 Lack. 239, 9 Leh. 57. Pfanenschmidfs Est, 35 Montg. 135. Shestack's Est, 267 Pa. 115, no Atl. 166. Shoch's Est., No. i, 271 Pa. 158, afFg 29 Dist 1163. Troutman's Est, 30 Dist. 708. Wandall's Est, 29 Dist 1132. (b) 297 Desmond's Est, 28 Dist 231, 36 Lane. 218, 8 Leh. 255. Hilton's Est, i Wash. 125. Troutman's Est., 30 Dist 708. (d) 299 Troutman's Est., 30 Dist 708. (f) 301 Fretz's Est, 28 Dist. 645. 3 304 Stockdale's Est, 29 Dist 1013. 5 306 Phillips' Est, 271 Pa. 129. 6 307 Cannavan's Est, 69 P. L. J. 84. Lawton'3 Est, 266 Pa. 558, 106 Atl. 609. Post's Est, 27 Dist 748, 36 Lane. 8, 66 P. L. J. 761, 8 Leh. i 1 5. 33 York II. Schreckengost's Est., 77 Super. 235. 8 316 Manzke's Est., 13 Berks 152. CITATION OF CASES 691 Section Section of act. herein. Citation. 0(d) 321 Wightman's Est, 49 Pa. C. C. 614, 30 Dist. 885, 68 P. L. J. 833. 10 322 Brodie's Est., 30 Dist. 654. Miles' Est., S. C. Oct. Term 1921, No. 61-2. Wightman's Est., 49 Pa. C. C. 614, 30 Dist. 885, 68 P. L. J. 833. 11 323 Brodie's Est., 30 Dist. 654. Miles' Est, S. C. Oct. Term 1921, No. 61-2. Wightman's Est., 49 Pa. C. C. 614, 30 Dist. 885, 68 P. L. J. 833. 12 324 Brodie's Est, 30 Dist 654. Miles' Est., S. C. Oct. Term 1921, No. 61-2. 13 332 Miller v. Brown, 49 Pa. C. C. 332. Comm. v. Gross, 35 York 93. 16 (a) 338 Moore's Est., 30 Dist 152, 68 P. L. J. 670, 15 Del. 367. (b) 339 Moore's Est., 30 Dist. 152, 68 P. L. J. 670, 15 Del. 367. 18 342 Maurer v. Straub, 16 Sch. 174. Wightman's Est, 49 Pa. C. C. 614, 30 Dist. 885, 68 P. L. J. 833. 19 343 Brodie's Est, 30 Dist. 654. Miles' Est, S. C. Oct. Term 1921, No. 61-2. Wightman's Est, 49 Pa. C. C. 614, 30 Dist 885, 68 P. L. J. 833. 25 349 Foreign Intestate's Est., 68| P. L. J. I. 27 351 Hilton's Est, i Wash. 125. 28 352 Hilton's Est, i Wash. 125. Fiduciaries Act of 1917, P. L. 447. General 353 Huber's Est., 27 Dist. 25. 2 (a) 355 Blessing's Est., 29 Dist. 3, 68 P. L. J. 78, 15 Del. 224. aff'd in 267 Pa. 380. (c) 357 Boyko's Est., 49 Pa. C. C. 495, 21 Lack. 161. Hanshaw's Est, 22 Dauphin 178. Sharpless' Est, 28 Dist. 746, 15 Del. 16, 20 Luz. 161. Shontz's Est., 71 Super. 295. (d) 358 Sharpless' Est, 28 Dist. 746, 15 Del. 16, 20 Luz. 161. Act of March 24, 1921, P. L. 51. 3 (d) 362 Kiefer v. Jones, 50 Pa. C. C. 269 (s. c. sub nom. Daniel v. Jones), 30 Dist 633. 4 364 Henry's Est., 30 Dist. 945, 69 P. L. J. 737, 35 York 122. 6 (a) 366 Twining's Est, 37 Montg. 116. (h) 373 Howe's Est, 49 Pa. C. C. 261, 29 Dist. 436, 68 P. L. J. 301, 34 York 7. 7 (a) 380 Henry's Est, 30 Dist. 945, 69 P. L. J. 737, 35 York 122. 8 (a) 382 Cooper's Est, 29 Dist. 230, 67 P. L. J. 17, 20 Lack. 46, 36 Lane. 266, 32 York 144. Henry's Est., 30 Dist. 945, 69 P. L. J. 737, 35 York 122. (b) 383 Kiefer v. Jones, 50 Pa. C. C. 269 (s. c. sub nom. Daniel v. Jones), 30 Dist. 633. 692 CITATION OF CASES Section Section of act herein. Citation. 8 (d) 385 Henry's Est., 30 Dist. 945, 69 P. L. J. 737, 35 York 122. 10 391 Cooper's Est, 29 Dist 230, 67 P. L. J. 17, 20 Lack. 46, 36 Lane. 266, 32 York 144. Cotter's Est, 47 Pa. C. C. 76, 27 Dist 1023, 67 P. L. J. 19. Hayden's Est, 28 Dist 39, 11 (a) 392 Brown's Est, i Wash. 149. 12 403 Becker's Est, 33 York 139. Curtis v. Yost, 2 Erie 6. Desmond's Est, 28 Dist 231, 36 Lane. 217, 8 Leh. 255. Hildebrand's Est, 262 Pa, 112, 104 Atl. 866, aflTd 35 Lane. 73, 66 P. L. J. 176, 31 York 184. Hornberger's Est, 30 Dist 907, 13 Berks 183. Huber's Est., 27 Dist 25. Posfs Est, 27 Dist 748, 66 P. L. J. 761, 19 Lack. 62, 35 Lane. 226, 36 Lane. 8, 8 Leh. 115, 33 York n. Wenger's Est, 27 Dist 949, 35 Lane. 196. Zerbe's Est, 13 Berks 277. 13 (a) 415 Cochran's Est, 28 Dist 654. Miller's Est, 264 Pa. 310, 107 Atl. 614. Smith's Est, 49 Pa. C. C. 453, 29 Dist 917. Tschopp's Est, 27 Dist 103, affd in 71 Super. 434. 14 417 Bowman's Est, 47 Pa. C. C. 405, 28 Dist 766, 67 P. L. J. 321, 36 Lane. 121, 33 York 2. Cullen's Est, 16 Sch. 278. Kearney's Est, 30 Dist 75. Miller's Est., 264 Pa. 310, 107 Atl. 684. Reel's Est, 65 P. L. J. 689, affd in 263 Pa. 248, 106 Atl. 227. 15 (a) 418 Act of June 7, 1919, P. L. 412. Cassady's Est, 28 Dist 37, 32 York 155. Gibb's Est, 30 Dist 128, 34 York 29. Hoch's Est, 48 Pa. C. C. 149, 28 Dist 416, 68 P. L. J. 207, 37 Lane. 98. Kearney's Est., 30 Dist 75. Kirk v. VanHorn, 265 Pa. 549, 109 AtL 522. Myers v. Lohr, 66 P. L. J. 665, 19 Lack. 287, 8 Leh. 119, affd in 72 Super. 472. Olson's Est, 65 P. L. J. 571, 34 Lane 397. Scherrer's Est, 7 West 109. Smith's Est, 29 Dist 917, 49 Pa. C. C. 453. (b) 419 Act of May 2, 1919, P. L. 104. Kearney's Est., 30 Dist 75. (c) 420 Cassady's Est, 28 Dist 37. 32 York 155. Gibbs' Est., 30 Dist 128, 34 York 29. Olson's Est, 65 P. L. J. 57i, 34 Lane. 307. Myers v. Lohr, 66 P. L. J. 665, 19 Lack. 287, 8 Leh. 119, affd in 72 Super. 472. Scherrer's Est, 7 West 109. CITATION OF CASES 693 Section Section of act. herein. Citation. 15 (d) 421 Myers v. Lohr, 66 P. L. J. 665, 19 Lack. 287, 8 Leh. 119, afFd in 72 Super. 472. (j) 427 Catafesta's Est., 28 Dist. 304. 16 430 Young's Est., No. i, 28 Dist 814, 67 P. L. J. 315. (c) 434 Spinelli v. Costello, 30 Dist. 411. (f) 437 Randall's Est., 269 Pa. 530, 112 Atl. 780. (g) 438 Bowman's Est., 47 Pa. C. C. 405, 67 P. L. J. 321, 28 Dist 766, 36 Lane. 121, 33 York 2. (m) 452 Mauch's Est, 47 Pa. C. C. 490, 67 P. L. J. 308, 16 North. 405, 33 York 45- 18 (a) 459 Wykoff v. Manzer, 22 Lack. 308. (b) 460 Wykoff v. Manzer, 22 Lack. 308. (c) 461 Wykoff v. Manzer, 22 Lack. 308. 21 467 Greaves' Est., 29 Dist. 577. Sterrett's Est, 29 Dist. 147. Wagner's Est, 30 Dist. 435, 13 Berks 6. 23 469 Conner's Est., 29 Dist 636. Dale's Est, 29 Dist. 265. Loewer's Est, 263 Pa. 517, 106 Atl. 789, rev'g 27 Dist 753. Ranck's Est., 27 Dist. 792, 35 Lane. 205. 24 470 Foe's Est., 47 Pa. C. C. 590, 29 Dist. 857, 68 P. L. J. 635, 15 Del. 381. 25 471 Johnston's Est., 264 Pa. 71, 107 Atl. 335. 26 (a) 474 Channon's Est., 47 Pa. C. C. 637, 28 Dist. 479, aff'd in 266 Pa. 417, 109 Atl. 756. Cullen's Est., 16 Sch. 278. 27 (b) i 483 Harbold's Est., 34 York 149. (c) 487 Poe's Est, 47 Pa. C. C. 590, 29 Dist 857, 68 P. L. J. 635, 15 Del. 381. (d) 488 Poe's Est., 47 Pa. C. C. 590, 29 Dist 857, 68 P. L. J. 635, 15 Del. 381. 28 (a) 491 Barnwell's Est., 49 Pa. C. C. 188, 29 Dist 317, aff'd in 269 Pa. 443. Eisenbise's Extr. v. Lebo, 13 Berks 308. Kolb v. O'Hay, 28 Dist. 194, 16 North. 289. (c) 493 Faus' Est., 50 Pa. C. C. 342. 30 496 Davidson v. Bright, 267 Pa. 580, no Atl. 301. 31 497 Archambault's Est., 29 Dist. 77. 32 (a) 498 Bennett's Est., 67 P. L. J. 363, 20 Lack. 142. 33 (f) 5o6 Ruch's Est., 37 Lane. 69. 35a-g 512-8 Act of March 30, 1921, P. L. 55. 37 524 Harris v. Blatt, 28 Dist 11, 66 P. L. J. 646, 35 Lane. 361, 8 Leh. 80, 32 York 101. 38 525 Young's Est., 30 Dist 182. 41 (a) i 528 In re Trust Funds, 68 P. L. J. 608 (s. c. sub. nom. Hotel Mortgage), 50 Pa. C. C. 82. Legal Investments, 69 P. L. J. 777. 694 CITATION OF CASES Section Section of act herein. Citation. 41 (a)2 529 Legal Investments, 69 P. L. J. 777. (b) 531 Act off May 2, 1919, P. L. 114. 45 538 Merchant's Est., 30 Dist 92. 46 (a) 539 Amodei's Est, 27 Dist 373. Cooper's Est, 29 Dist 320, 67 P. L. J. 17, 20 Lack. 46, 36 Lane. 266, 32 York 145. Hayden's Est, 28 Dist 39. Laverty's Est, 50 Pa. C. C. 259, 30 Dist 507, 24 Dauph. 107. (c) 541 Morthland's Est, 32 York 137. (d) 542 Hayden's Est, 28 Dist 39. (g) 545 Engle v. Eagle, 21 Lux. 277. Girard's Est, 48 Pa. C. C. 608, 29 Dist 62. Noble's Est, 27 Dist 336, 66 P. L. J. 414, 35 Lane. 369, 19 Lack. 341. (h) 546 Noble's Est, 27 Dist. 336, 66 P. L. J. 414, 35 Lane. 369, 19 Lack. 341. 47 (a) 548 Cooper's Est, 29 Dist 230, 67 P. L. J. 17, 20 Lack. 46, 36 Lane. 266, 32 York 144. 48 551 Beard's Est, 34 York 190. Bender's Est, 33 York 125. Graham's Est, 48 Pa. C. C. 371, 28 Dist 1023. Riser's Est, 35 Montg. 169. Troutman's Est, 270 Pa. 310. 49 (a) 552 Cooper's Est, 29 Dist. 230, 67 P. L. J. 17, 20 Lack. 46, 36 Lane. 266, 32 York 144. Laverty's Est, 50 Pa. C. C. 259, 30 Dist 507, 24 Dauphin 107. (b) 553 Cooper's Est., 29 Dist 230, 67 P. L. J. 17, 20 Lack. 46, 36 Lane. 266, 32 York 144. Cotter's Est, 47 Pa. C. C. 76, 27 Dist 1023, 67 P. L. J. 19. (d) 555 Cooper's Est, 29 Dist 230, 67 P. L. J. 17, 20 Lack. 46, 36 Lane. 266, 32 York 144. Feigley's Est, 35 York 17. (e) I 556 Evans' Est, 50 Pa. C. C. 241, 30 Dist 253. Shaw's Est, 65 P. L. J. 830. Skeer's Est, 49 Pa. C. C. 535, 30 Dist 542, 17 North. 302. (f) 558 Act of March 26, 1919, P. L. 22. 53 (a) 565 Buch's Est, 35 Lane. 41. Kelly's Est, 28 Dist 87. Miller's Est, 264 Pa. 310, 107 Atl. 684. I 566 Buch's Est, 35 Lane 41. Kelly's Est, 28 Dist 87. Miller's Est, 264 Pa. 310, 107 Atl. 684. 4 569 Kelly's Est, 28 Dist 87. 5 570 Cook's Est., 48 Pa. C. C. 599, 29 Dist 909. 6 571 Kelly's Est, 28 Dist. 87. 8 573 Kelly's Est, 28 Dist 87. Miller's Est., 264 Pa. 310, 107 Atl. 684. CITATION OF CASES 695 Section Section of act. herein. Citation. 54 (a) 579 Buch's Est, 35 Lane. 41. 56 (a) 584 Barnwell's Est., 49 Pa. C. C. 188, 29 Dist. 317, aff'd in 269 Pa. 443. (b) 585 Kershaw's Est., 27 Dist. 659. (d) 587 Lewis' Est, 30 Dist. 391. 58 (a) 590 Jones' Est, 47 Pa. C. C. 463, 28 Dist 283. (b) 591 Jones' Est, 47 Pa. C. C. 463, 28 Dist. 282. (c) 592 Jones' Est., 47 Pa. C. C. 463, 28 Dist. 282. (d) 593 Jones' Est., 47 Pa. C. C. 463, 28 Dist. 282. (f) 595 Foreign Intestates' Est, 68 P. L. J. I. Jones' Est., 47 Pa. C. C. 463, 28 Dist. 282. Moss' Est, 29 Dist 235. (g) i 596 Foreign Intestates' Est, 68 P. L. J. I. Jones' Est, 47 Pa. C. C. 463, 28 Dist 282. 2 597 Foreign Intestates' Est., 68 P. L. J. I. Jones' Est., 47 Pa. C. C. 463, 28 Dist 282. (h) 598 Foreign Intestates' Est, 68 P. L. J. x. Dixon's Est., 30 Dist 463. 59 (a) 599 Crampton's Est., 46 Pa. C. C. 273, 26 Dist. 1060, 35 Lane. 246. Dolan v. Pitts. Coal Co., 27 Dist. 877, 66 P. L. J. 241. Jacoby's Est., 47 Pa. C. C. 183, 28 Dist 7. (b) 600 Butcher's Est., 35 Montg. 162, aff'd in 266 Pa. 479, 109, All. 683. Spencer's Est, itil Berks 171. (d) 602 Dailey's Est., 27 Dist. 464, 65 P. L. J. 796, 31 York 132. Storer's Est, 28 Dist. 2*5. (g) 605 Cook's Est, 48 Pa. C. C. 599, 29 Dist. 909. Kerr's Petition, 29 Dist. 909, 48 Pa. C. C. 599. (j) 608 Cook's Est., 48 Pa. C. C. 599, 29 Dist. 909. Kerr's Petition, 29 Dist. 909, 48 Pa. C. C. 599- 8 615 Cook's Est, 48 Pa. C. C. 599, 29 Dist. 909. Devere's Est., 13 Berks 242. Kerr's Petition, 29 Dist. 909, 48 Pa. C. C. 599. (k) 616 Boyd's Est., 270 Pa. 50. Act of July ii, 1917, P. L. 790. 1 624 Girard's Est., 48 Pa. C. C. 608, 29 Dist. 62. 2 625 Girard's Est., 29 Dist. 62, 48 Pa. C. C. 608. TABLE OF CASES Alexander's Est, 28 Dist 993, 33 York I 281-4 Amodei's Est, 27 Dist. 373 539 Annear's Est, 29 Dist 44 227 Archambault's Est, 29 Dist 77 497 Barnwell's Est, "49 Pa. C C. 188, 29 Dist 221 491, 584 Battersby's Est, 29 Dist 221 23,29 Beard's Est, 34 York 190 551 Becker's lst, 33 York 139 403-4-5 Behringer's Est, 265 Pa. in, 108 AtL 414 168, 176, 179, 181 Bender's Est, 33 York 125 551 Bennett's Est, 67 P. L. J. 363, 20 Lack. 142 498 Bleakley's Est, 28 Dist 290, 37 Lane. 29, 15 Del. 199 153-4 Blessing's Est, 29 Dist 3, 68 P. L. J. 78, 15 Del. 224, affirmed in 267 Pa. 380 355 Bowman's Est, 47 Pa. C. C. 405, 28 Dist 766, 67 P. L. J. 321, 36 Lane 121, 33 York 2 417, 438 Boyd's Est, 50 Pa. C. C. 163, 10 West 47, affirmed in 270 Pa. 5 sale in partition 36 to pay debts ; 454 under Revised Price Act 208 of liens of decedent's debts by decree under Revised Price Act 186 of real and personal estate from lien of debts, etc., juris- diction of the Orphans' Court in 103 of the Orphans' Court in 103 of real estate from annuities or legacies payable in future 474-80 from lien of legacies, etc 481-90 of residue after providing for annuity or legacy payable in future 477 of surety, procedure for 582 Discretion, power of fiduciary to delegate 495 Disposition of appeals from Orphans' Court 164 title, jurisdiction of Orphans' Court in 99 Dissolution of attachment in Orphans' Court 138 of sequestration, filing of 136 Distraint for rent by executor or administrator 515 Distribution by employer of wages 558 compromise by fiduciary of matters pertaining to 5 2 7 in cases of intestacy 292-352 in kind 556 of estates 552-8 jurisdiction of Orphans' Court in 97 not over $300 554 of presumed decedent 372-3 of moneys paid into court on petition to discharge real es- tate from lien of legacies, etc 408 of proceeds of sale, issue on, from Orphans' Court to Common Pleas 161-2 of proceeds of sale under petition to enforce payment of legacies charged on land 471 of proceeds of sheriff's sale against decedent 427 Dividends, etc., from property set apart under Intestate Act as allowance of $5,000, etc 301 of property claimed under widow's or children's exemption 412 Docketing of writ of sequestration in prothonotary's office . . 136 Dockets of Orphans' Court 89 partition 61 Domicile of decedent as determining probate of will 263 Dower, discharge of real estate from lien of 481-90 of widow in partition 39 widow's share under Intestate Act in lieu of 304 Drunkard, habitual, title in, relief under Revised Price Act . . 176 Drunkenness as ground of removal of fiduciary 567 Durante absentia, trustees 617-9 Duties and liabilities of administrators c. t. a 362 of Deputy Register of Wills 261 of trustee durante absentia 619 714 INDEX E Education of minor, allowance for 607 from proceeds of sale under Revised Price Act 189 Effect of appeal from Register of Wills 286 of decree of presumption of death 371 setting apart portion of residuary estate to pay annui- ties or legacies 480 of failure to give bond on caveat or appeal 282 of probate of will after three years 277 of removal of fiduciaries 577 of sale, etc., under Revised Price Act on removal, etc., of fiduciaries 199-201 of sale or mortgage of real estate to pay debts on removal, etc., of fiduciaries 444 of vacation of decree of presumption of death 374 Ejectment by vendor, action of, to survive 514 Election by guardians and trustees 498-500 of widow, effect on purchaser in partition 39 to take under or against will 245-9 Emblements, bequests of 223 Employer, distribution of wages 558 Enforcement of order or decree for delivery of trust property 141-2 of rights by superseding fiduciary 578 Entire vacancy, trustee to fill , 585 Equality of shares under Intestate Act 343 Estates acquired under Intestate Act 342-3 distribution of 552-8 for life of another to be included in inventory, etc 398 tail barred by decree under Revised Price Act 186 Evidence, certified copies of wills as 270 copies of bond of Register of Wills as 258 inventory and appraisement as 273 in Orphans' Court 151-8 record of decree on petition of surviving spouse under Intestate Act, where no known heirs as 341 Examination of assets 540 Examiner of assets 540 office of, in Orphans' Court to take testimony, abolished 152 to take oral depositions outside of state 154 Exceptions to bond taken by Register of Wills 387 Execution against real estate of fiduciary for balance due 561 by executors or administrators of deceased plaintiff 517 for costs before Register of Wills 288 on caveat or appeal from Register of Wills 283 in Common Pleas on transcripts from Orphans' Court . . 148 of deed under contract of decedent for sale or purchase of real estate 462 of decrees under Revised Price Act 184 of nuncupative wills 218 of wills 215-16 INDEX 715 on judgments against decedents 426 for debts of decedent 422 stay of, against decedent 428-9 Executor as grantee in deed under contract of decedent for sale of real estate 464 not to be appointed guardian 601 of judgment creditor, revival of judgment against 526 real estate devised to, at a valuation 506 Executors' accounts 539-47 of sales in partition by 44 actions by and against 513 acts of, not impeached by later will 365 application of, for sale or 1 mortgage of real estate to pay debts 432 to stay execution 428-9 bonds of 382-7 commission where also trustee 538 compensation on partition 46 debts of, to decedent, to be included in inventory, etc 395 effect of removal, etc., on sale in partition 42 foreign 59O-8 awards to 595 jurisdiction of Orphans' Court in appointment, etc 96 liability of, for interest 536-7 non-resident, bond of 384 oath of 380-1 pleading by, effect of 521 of deceased fiduciary, bond of 386 power of, as to real estate 491-4 purchasers of real estate from, obligations of 496 removal, etc., effect of, on sale, etc., under Revised Price Act 196-201 substitution of 512-22 Executory devises, barred by decree under Revised Price Act 186 Exclusive remedy to enforce contract of decedent for sale or purchase of real estate 460 Exemption of widows and children 403-14 when estate less than $500 409 to minor children 407-8 widow's, not disturbed by allowance of $5,ooo, etc 296 Expense of advertising accounts 542 of advertising widow's or children's exemption claim.... 406 of corporate bond of fiduciary 399 of procuring guaranty of investments 531 F Failure of issue, construction of devise or bequest importing 232 to deliver election, effect of 246 to furnish translation of will in foreign language, effect of 272 to give bond on caveat or appeal, effect of 282 716 INDEX pay as ground for removal of fiduciary 571 Father and mother, rights of under Intestate Act 316 appointment of testamentary guardian by 224 Fee-tail, devise of estate in 231 Fees for copies of bonds, etc 274 for Commonwealth on issue of letters 289 for recording decree on petition to discharge real estate from lien of legacies, etc. 482 for recording decree on petition of surviving spouse under Intestate Act where no known heirs 341 for recording election 249 for recording in Orphans' Court 89-90 for recording inventory and appraisement 273 for recording proceedings in partition 61 of appraisers of allowance of $5,ooo, etc. to surviving spouse under Intestate Act 297 of sheriff for service of writs in Orphans' Court 150 of witness to will for appearing 268 Fiduciaries, abatement of actions by or against 520 Act 353-623 actions against by co-fiduciaries 525 balance due by, transcripts of 561-2 bonds 388-90 compromise by 527 deceased, bond of executors or administrators of 386 discharge of 563-4 foreign 59O-8 investments by 528 liability of, for loss in investments 530 non-resident 588-9 proceedings on removal, etc., effect on sale or mortgage of real estate to pay debts 441-6 power to convey by attorney 495 deal in coal leases 624-5 receiving distribution in kind, duty of 557 removal of 565-78 requirement of security from 579-82 resident in another county, actions against 524 sale or mortgage to under Revised Price Act 202 statement of investments by 583 superseding, rights of 578 voting of stock by 535 "Fiduciary" defined 354 Fieri facias or sequestration in Orphans' Court 145, 147 writ of in Orphans' Court 129 Filing acounts by executors and administrators 539 of guardians, notice of 61 1 of trustees, notice of 547 and recording wills in foreign languages 271 bond of Register of Wills 257 INDEX 717 certified copy of will probated in other counties 275 copy in other counties of actions to enforce lien of dece- dent's debts 421 election 249 inventory and appraisement 392 report of appraisers of widow's or children's exemption 406 wills 270 Final accounts of guardians 615 Fines, process in Orphans' Court to recover 146 First purchaser, rule as to blood, of, abrogated 332 Foreclosure of mortgage under Revised Price Act 188 Foreign executor or administrator, awards to 595 fiduciary SQO-8 language, wills in 271-2 Forfeiture of right to appoint testamentary guardian 226 of rights by murderer of testator 244 by murderer of an intestate 347 Forfeitures, process to recover, in Orphans' Court 146 to Commonwealth barred by decree under Revised Price Act 186 Form and execution of wills 215-6 immaterial deviation from 620 of bond of administrator 382 non-resident executor 384 Register of Wills 256 of election to take under or against wills 246 of guardian's bond 605 of oath of executor or administrator 380 of precept to Common Pleas on issue from Orphans' Court 160 devisavit vel non 278 of writ of sequestration in Orphans' Court 134 G General bequests, operation of 229 devises, operation of 229 Grandchildren of deceased grandparents, rights of, under Intestate Act 326-330 rights of under Intestate Act 310-314 Grandparents and their issue, rights of under Intestate Act.. 324-31 maternal, as heirs of illegitimates under Intestate Act . . . 334 Granting letters, advertisement of 391 letters on estate of presumed decedent 370 letters testamentary or of administration 355-64 Ground rents, conveyances on, execution of, under Revised Price Act 114 sale of, etc., under Revised Price Act 169, 170 Grounds for removal of fiduciaries 565-75 Guaranty of investments, authority to procure 531 Guardians 599-616 accounts of 608-15 ad litem 616 718 INDEX on audit of guardian's account 612 discharge of 563 election by 498-500 final accounts 615 foreign SQi-8 jurisdiction of Orphans' Court in appointment, etc 93 notice to 6*16 removal, etc., effect of, on sale under Revised Price Act 196-201 for mismanagement, etc 570 testamentary 224-6 leases of real estate by 497 H Hearing by Orphans' Court or master on petition for letters on estate of presumed decedent 368 of petition on contract by decedent for sale or purchase of real estate 459 to discharge real estate from annuities or legacies payable in the future 475 to discharge real estate from lien of legacies, etc 482 to discharge real estate where charge paid 486 to relieve real estate from lien of debts 457 on exceptions to bond of executor or administrator 387 Heirs, collateral, rights of under Intestate Act 317-21 Husband's rights under Intestate Act barred by desertion or non-support 306 share under Intestate Act in lieu of curtesy 305 I Illegitimates, legitimation as to mother 336 legitimation by marriage 337 rights of, under Intestate Act 334-7 Immaterial deviation from forms, effect of 620 Improvements, payment for, with proceeds of sale under Re- vised Price Act 190 Inadequate power of sale, relief under Revised Price Act 179 Incapacity of executors, etc., effect of, on sale in partition 42 fiduciary, under application for sale or mortgage to pay debts 441-6 Income, apportionment of 468 from property claimed under widow's or children's exemp- tion 412 spendthrift trusts, liability of 240 surplus, from estate set apart from residue to pay annui- ties or legacies 478 Incompetency as ground for removal of fiduciary 568 Indefinite failure of issue, avoided 232 Index of actions to enforce lien of decedent's debts 418 partition 62 INDEX 719 Indexing by prothonotary of actions to enforce lien of dece- dent's debts 421 elections 249 of guardians or trustees 498 petitions on contracts of decedent for sale or purchase of real estate 461 Inheritance among adopted children and relatives 338-9 as between mother, etc., of illegitimates 334 brothers and sisters of illegitimates 335 Injunction in Orphans' Court 114 Inquest in partition, award of 8 making of partition by 10-13 Insanity of executors, etc., effect of, on sale in partition .... 42 fiduciary, effect of, on sale under Revised Price Act 196-201 Intent of Intestate Act 352 Interest, liability of executor or administrator for 536-7 on money charged on land 472 on pecuniary legacy 467 on property claimed under widow's or children's exemption 412 set apart under Intestate Act as allowance of $5,000, etc 301 Interests of persons not in esse, protection of, in partition ... 60 Intervention in actions by persons presumed to be dead 375 Intestacy, descent and distribution in cases of 292-352 Intestate Act 292-352 Inventory and appraisement 392-402 recording, etc 273 by guardian 606 copies' of, duty of Register of Wills to furnish 274 of trustees durante absentia 618 on application for sale or mortgage to pay debts 434 refusal of, as ground for removal of fiduciary 566 Investment of proceeds of sale under Revised Price Act 185 pendente lite on issue on proceeds of sale from Orphans' Court to Common Pleas 161-2 Investments by fiduciaries 528-31 by trustee for unknown parties, in partition 25 legal 528-30 statement of 583 Irregularity of appointment of fiduciary, effect of, on sale, etc., under Revised Price Act 201 of appointment of fiduciary, effect of, on sale or mortgage of real estate to pay debts 446 Issue, failure of, devise or bequest importing 232 from Orphans' Court to Common Pleas on distribution of proceeds of sale 161-2 of descendants of deceased grandparents, rights of under Intestate Act 331 of devisavit vel non on certification of proceedings to Com- mon Pleas ,,,,,,, 279-80 720 INDEX on precept to Common Pleas 278 rights of under Intestate Act 308-15 taking by representation under Intestate Act 315 to Common Pleas from Orphans' Court 159-62 precept for 160 to determine rights of surviving spouse under Intestate Act where no known heirs -341 J Jeopardy of property as grounds for removal of fiduciary .... 573 Joint fiduciaries, discharge of 564 power of survivor on removal of one, in sale, etc., under Revised Price Act 197 Judges, calling in other, when 75-6 in Orphans' Court, compensation when specially called ... 76 of Common Pleas sitting in Orphans' Court 77-8o Orphans' Court 69-72 sitting in Common Pleas 81-4 Judgments against decedents' execution on 426 against executor or administrator of judgment creditor, revival of 526 against executor or administrator of presumed decedent 375 against fiduciary, lien of, on transcript to Common Pleas 561 in action to enforce lien of decedent's debts 418 in Common Pleas on transcript from Orphans' Court, pe- tition for discharge of 149 not lien at death of decedent 423 revival of, by foreign fiduciary 594 which were lien at death of decedent 424 Jurisdiction and proceedings in partition, land in different counties 50-6 of Common Pleas over trusts pending not impaired .... 574 under Revised Price Act 168-184 of Orphans' Court 92-106 for collection of legacies, exclusive 470 on petition to discharge real estate from lien of lega- cies, etc 481 to appoint trustees 587 to authorize sale or mortgage of real estate to pay debts 430-2 to set aside real estate in different counties claimed as allowance of $5,000, etc., under Intestate Act 302 under Revised Price Act 168-84 petition to discharge real estate from lien where charge paid 483 of Register of Wills 262-355 of sales for distribution where land in two counties 33 of trustees' accounts 545 to grant leave to take at appraisement land in different counties , , , , , , , , , , 501 INDEX 721 under widow's or children's claim of exemption from real estate in different counties 413 Jurors in partition, compensation of 9 where land in different counties 53 Jury trial of facts in Common Pleas on issues from Orphans' Court 159 K Kin, next of, rights of under Intestate Act 322 Kind, distribution in 556-7 L Land, legacies charged on, proceedings to enforce payment of 471-3 Lapsed and void legacies and devises 233-5 Laying out streets, etc., under Revised Price Act 174 Leases, coal mining, fiduciaries power as to 624-5 execution of, under Revised Price Act 184 mining, etc., under Revised Price Act 172 of real estate by testamentary guardians and trustees 497 private, of real estate, by executor 492 under Revised Price Act, acknowledgment of 195 Legacies, see also Bequests. abatement of 466 charged on/ land, procedure to enforce payment of 471-3 collection of 470 discharge of real estate from lien of 481-90 in favor of lineal descendant does not lapse when 233 jurisdiction of Orphans' Court to enforce payment 102 lapsed and void 233-5 payable in future, discharge of residuary estate from 474-80 pecuniary, interest on 467 when chargeable on residuary real estate 238 to brothers and sisters, not to lapse when 234 children 236-7 fall into residue when 235 when payable 467 Legal investments 528-30 Legatee for life, security by 469 forfeiture of rights for murder of testator 244 Legitimates only to take under Sec. 1-13 of Intestate Act 333 Legitimation of illegitimates as to mother 36 by marriage 337 Letters, advertisement of granting 391 ancillary, granting of 355 cum testamento annexo, granting of 359 de bonis non, granting 361 cum testamento annexo, granting 360 granted under order of Court, effect on liability of sure- ties of Register of Wills 260 granting of 355-64 46 722 INDEX of administration durante minoritate durante absentia and pendente lite 364 who entitled to 357 on estate of presumed decedent, granting of 370 revocation of by Register of Wills 264 rogatory 153 Liability of administrators c. t. a 362 executors or administrators for interest 536-7 fiduciaries for loss on investments 530 income from spendthrift trusts 240 purchasers under sale to pay debts 455 Register of Wills for granting letters without bond 385 on Register of Wills' bond where letters granted under order of court 260 Lien of debts of decedent 418-29 not due within one year 419 procedure to relieve real estate from 456-8 of judgment against fiduciary on transcript to Common Pleas 561 of legacies, etc., discharge of real estate from 481-90 Liens, appointment of auditor to ascertain, in partition 43 discharge of, by sale in partition 36 or mortgage to pay debts 454 under Revised Price Act 208 for purchase money, effect of widow's or children's exemption 404 on real estate, taken as widow's or children's exemption 411 payment of, with proceeds of sale, etc., under Revised Price Act 190 Life-interests, charge of, in partition 28, 40 in partition, trustee for 41 Life-tenant, bequests of rents, etc., by 223 rent due to, action by executor or administrator for 516 security by 469 Limitation of actions on refunding bonds 560 claims under Intestate Act 345 time for granting letters 356 Limitations, statute of, effect of, against debts due estate 523 Limited devise, relief under Revised Price Act 178 Limits of representation under Intestate Act 323 Lineal descendants, legacies or devises to, not to lapse when . . 233 Lines, squaring and adjusting under Revised Price Act 171 Loss on investments, liability of fiduciary for 530 Lost or destroyed records in Orphans' Court 156 Lunacy, etc., as ground for removal of fiduciary 567 Lunatics, title in, relief under Revised Price Act 176 Maintenance of minor from proceeds of sale under Revised Price Act 189 INDEX 723 wife and children from spendthrift trust 240 Majority of cestui que trust, right of, to removal of fiduciary 574 Mariners, wills of 221 Mark or cross as signature to will 216 Marriage as revoking wills pro tanto 243 of parents legitimates illegitimates 337 Married women, right of, to devise or bequeath property held under sole and separate trust 245 Master, appointment of, for sale or mortgage under Revised Price Act 191 appointment of on application for sale or mortgage to pay debts 436 appointment of on petition for discharge of residuary es- tate from annuities or legacies payable in future 475 hearing by, on petition for letters on estate of presumed decedent 368 to consider investments 529 to consider organization of corporation to carry on busi- ness of decedent 533 to determine compromise of actions, etc 527 to take testimony in Orphans' Court 152 Mining lands, consolidation, etc., under Revised Price Act . . . 172 Mining leases by fiduciaries 624-5 Minor children, exemption to 407-8 Minors, allowance for support and education of 607 guardians of 599-616 maintenance and education of, from proceeds of sale under Revised Price Act .' 189 remainder interest, sale under Revised Price Act 185 "title in, relief under Revised Price Act 176 Mismanagement as ground for removal of guardian 570 of fiduciary as ground for removal 566 Money, election of guardian or trustee to take instead of real estate 499 secured by proceeding under Revised Price Act, applica- tion of 189 Mortgages, acknowledgment of under Revised Price Act . . . 195 when given under application for mortgage of real estate to pay debts 440 by decedent 425 devise of real estate subject to 239 execution of under Revised Price Act 184 for payment of debts where fiduciary is mortgagee 447 unpaid purchase money of sale under Revised Price Act 194 money, application of under Revised Price Act 189 of real estate to pay debts 43<>55 on decree of presumption of death 371 refunding of, given to pay debts 435 to fiduciary under Revised Price Act 202 724 INDEX secure unpaid purchase money on sale to pay debts 439 transfer of by- foreign fiduciary 592 under Revised Price Act, appointment of master for 191 effect of removal, etc., of fiduciary, 196-201 procedure under 188-9 where real estate in different counties 203-4 Mother and father, rights of, under Intestate Act 316 appointment of testamentary guardian by 225 as heir of illegitimate under Intestate Act 334 Murder as affecting rights under Intestate Act 347 of testator, by beneficiary, effect of 244 N Natural guardian, payments to 602 Neglect of trust as ground for removal of trustee 572 or refusal of fiduciary to act under application for sale or mortgage to pay debts, effect of 441-6 effect of under Revised Price Act 196-201 to deliver election, effect of 246 Nephews and nieces, rights of under Intestate Act 319-21 Next of kin entitled to estate when 332 rights of, under Intestate Act 322 Nieces and nephews, rights of under Intestate Act 319-21 Non-residence as ground for removal of fiduciary 569 Non-resident executor, bond of 384 fiduciaries 588-9 actions against 524 minors, appointment of guardian of 603 Non-residents, not affected by Intestate Act 348 notice of accounts to 543 wills of personal estate of 250 Non-support by husband bars right to wife's estate under In- testate Act 306 Notes, etc., to be included in inventory 394 Notice in Orphans' Court 109 of accounts to non-residents 543 allowance of $5.000, etc., under Intestate Act 298 application for letters on estate of presumed decedent 366-7 sale or mortgage of real estate to pay debts .... 438 of real estate to pay debts where land in different counties 449 appointment of appraisers of real estate devised at a valuation 502 claim for widow's or children's exemption 406 decree of presumption of death 369 devise or bequest to corporation 465 examination of commissioners to designate curtilage of building devised 510 exception to bond of executors or administrators 387 filing accounts of guardians 611 INDEX 725 trustees 547 oral depositions outside of state . . 154 petition for partition 6 of surviving spouse under Intestate Act where no known heirs 341 on contract by decedent for sale or purchase of real estate 459 to discharge real estate from lien of legacies, etc 481 enforce payment of legacy charged on land 471 relieve real estate from lien of debts 457 private sale for payment of debts 451 in partition 48 proceedings to perpetuate testimony in Orphans' Court. . 156 under Revised Price Act 183 public sale under Revised Price Act 193 removal of resident fiduciary on appointment of foreign fiduciary 597 sale, etc., under Revised Price Act where real estate in different counties 204 service of, outside of state in partition 7 to appraisers 401 claimants of filing account 541 fiduciary to furnish statement of investments 583 guardians 616 Nuncupative wills 217-20 effect of, to revoke legacy 242 probate of 265 O Oath of appraisers 400 of real estate devised at a valuation 503 of widow's or children's exemption 445 executors and administrators 380-1 officer of corporation fiduciary 381 Register of Wills 255 Objection to private sale in partition 49 of real estate to pay debts 452 under Revised Price Act 206 public sales not affected 206 Obligation of purchasers of real estate from executors or trustees 496 to see to application of purchase money in sales under Revised Price Act 209 Officer, oath of, fiduciary corporations 381 Opening judgments against executors or administrators of pre- sumed decedents 375 Operation of general devise or bequest 229 Oral depositions outside of state 154 Orders and decrees on petition of surviving spouse under In- testate Act where no known heirs 341 726 INDEX enforcement of, by superseding fiduciary 578 for delivery of trust property, enforcement of 141-2 of court, letters granted under, liability on bond of Regis- ter of Wills 260 on executors or administrators to apply for stay of execu- tion 429 on petition for removal of fiduciary 575 proceedings in Orphans' Court to compel, obedience to 126-49 Organization of corporation to carry on business of decedent 532-4 Orphans' Court Act 66-166 appeals from 163-4 by fiduciary, effect of 561 to from Register of Wills 284-6 approval by, of organization of corporation to carry on business of decedent 533 attachment execution in 130 of the person in 127, 132, 137-9 attestation of process in 1 1 1 calling in other judge 75-6 certification of proceedings on issue d. v. n 279-80 citation in 116-23 clerk and assistants 87-91 clerk's fees and bill of costs 91 Common Pleas judges inj 77-8o control of, over power of sale of real estate by executor 493 courtrooms 86 decree, reopening 144 delivery of trust property, enforcement of 141-2 depositions, etc., in 152-4 oral, outside of state 154 discharge from attachment for contempt 139 dissolution of attachment in 138 distribution of proceeds of sale, issue on 161-2 dockets 89 exclusive jurisdiction of, over contracts of decedent for sale, etc., of real estate 460 over collection of legacies 470 fees of sheriff in 150 form of writ of sequestration in 134 hearing by, on petition for letters on estate of presumed decedent 368 injunctions in 1 14 issues to Common Pleas 159-62 judge sitting in Common Pleas 81-4 judges of 69,73,79 judgments of filed in Common Pleas 148 jurisdiction and powers of 92-106 in partition 2-3 of, to appoint trustees 587 INDEX 727 authorize sale or mortgage of real estate to pay debts 430-2 under Revised Price Act 168-84 lost or destroyed records in 156 master to take testimony in 152 notices in 109 organization of 67-73 Partition Act 1-65 perpetuation of testimony in 156 petition to, for attachment to enforce production of will 267 to compel Register of Wills to furnish copies of bonds, etc 274 power to appoint guardian 599 compel production of books and papers 155 proceedings in 74 to compel appearance H5-25 obedience to orders and decrees 126-149 prevent wasting of trust property 140 process in other counties 133 to recover fines, etc 146 production of papers and books in 155 publication and advertising in HO records 86 custody of 88 return days of process 112 right of appeal f rom 74 rules of 107 satisfaction out of estate when party does not appear in 143 seal 85 separate where 68 sequestration, abatement of 135 fi. fa. in 145, 147 filing of, in Common Pleas 136 proceedings in 128, 132, 134-8, 143-5 subpoenas in 151 terms of 108 testimony in 152-4 in proceedings removed from Register of Wills 157-8 translations in 90 vacation, proceedings in 113 wasting trust property, prevention of 140 witnesses and evidence 151-8 writ of fi. fa. in 129 test. fi. fa. in 131 Owelty in partition , 23-5 rule to pay non-resident 24 Ownership in severalty, etc., relief under Revised Price Act 181 728 INDEX Papers and books, production of, in Orphans' Court 155 Parents, marriage of as legitimation of illegitimates 337 not to be appointed guardians 602 rights of, under Intestate Act 316 Parol contracts by decedent for purchase or sale of real estate 463. Partial vacancy, trustee to fill 584 Parties in petition for citation for partition 6 Partition, account of sales in, by executors, etc. 44 Act, Orphans' Court 1-65 allotment of shares, method of 17-20 to widow in 21 appeals in 63 application of purchase money in 38 appointment of auditor to ascertain liens 43 commissioners in 8 trustee to make sale in 34 auditor to ascertain amount due 57 award of inquest in 8 bids above valuation 16 bond in 35 charge of life interests in 28-40 coal and timber lands, jurisdiction of Orphans' Court in 3 combination of rules in 31 compensation of commissioners or jurors in 9 costs and counsel fee in 45-6 discharge of liens by sale in 36 docket 61 effect of decree 22 fees 61 index 62 jurisdiction and procedure when land in different counties 50-6 of Orphans' Court 2-3, 100 life interest, trustee for 41 making of, by commissioners or inquest 10-13 notice to parties 6 owelty in 23-5 parties to petition 6 payment or security theref or 23 petition for 4 citation in 5 private sales in 47-9 protection of interests of persons not in esse 60 recognizance by purchaser for purchase money 37 in general 57-9 rental value, deduction of 29 rule to accept or refuse purpart in 15 sales in 30 effect of removal, etc., of executor, etc, 42 INDEX 729 service of notice outside of state in 7 trustee for unknown parties 25 valuation of decedent's undivided interest in 14 widow's interest in 26-7 to remain with purchaser 39 Payment into court on petition to discharge real estate from lien of legacy, etc 482 not required before election by surviving spouse 247 of debts of decedent, order of 415 sale or mortgage of real estate for 43<>55 legacy charged on land, proceedings to enforce 471-3 liens and improvements with proceeds of sale under Re- vised Price Act 190 mortgage under Revised Price Act 188 or security in partition 23 Pecuniary legacies chargeable on residuary real estate 238 interest on 467 Penalties for neglect of witnesses to wills to appear 268 Periodical payments, accrued, bequests of 223 Perpetuation of testimony in Orphans' Court 156 Person of child, custody of by testamentary guardian 224 Personal estate, bequest of, under nuncupative will 217-20 disposition of, by non-resident 250 Personalty revocation of bequest of 242 Petition by surety for order on fiduciary to account 583 for ancillary letters on estate of presumed decedent 367 appointment of guardian 599-604 trustee durante absentia 613 discharge of real estate from legacy or annuity 474 distribution 552 leave to take real estate at appraisement 501 letters 358 on estate of presumed decedent 366 partition in Orphans' Court 4 probate of will or later will of presumed decedent . . 376 reduction of bond of fiduciary 389 removal of fiduciary 575 sale by co-fiduciary under Revised Price Act on re- moval, etc., of other fiduciary 197 for distribution 32-3 or mortgage to pay debts on removal or neglect of fiduciary to act 441-3 sale under Revised Price Act on removal, etc., of fiduciary 198 summary removal of fiduciary 576 widow's and children's exemption 403-14 ouD of real estate in different counties 413 of guardians for discharge 563 of surviving spouse under Intestate Act where no known heirs 341 730 INDEX on contract by decedent for sale or purchase of real estate 459 to designate curtilage of' building devised 508 discharge real estate from lien of legacies, etc. .... 481-7 where charge paid 413-4 enforce payment of legacy charged on land 471 to have guardian's accounts audited .609-10 Orphans' Court for attachment to enforce production of will 267 in proceedings to set aside real estate in different counties claimed as allowance under Intestate Act 302 to compel Register of Wills to furnish copies of bonds, etc. 274 to relieve real estate from lien of debts 456 to reopen decree in Orphans' Court 144 to vacate order of removal of fiduciary 576 under Revised Price Act 183 where real estate devised to executor at a valuation .... 506 Place of service of citations in Orphans' Court 1 19 Pleadings as to assets 512-22 by executor or administrator, effect of 521 Pluries citations in Orphans' Court 122 Posthumous children, rights between, under Intestate Act 344 Powers and duties of administrators, eta. 362 of administrators d b. n. 363 appointment, effect of general devise or bequest on 229 executors as to real estate 491-4 foreign fiduciaries 592 non-resident fiduciaries 588 sale, inadequate, relief under Revised Price Act .... 179 to authorize private sales under Revised Price Act 205 Precept for issue to Common Pleas, form of 160 to Common Pleas on issue d. v. n 278 Preferred debts of decedent 415 President Judge of Orphans' Court 71-3, 79 to attest process in Presumed decedents 366-80 Presumption of death, decree of 369-71 Price Act, Revised 167-212 Private sales of real estate by executor 492 to pay debts 450-2 in partition 47-9 under Revised Price Act 205-6 not to discharge liens, etc, 208 Pro tanto revocation of wills by marriage, etc, 243 Probate of copies of wills 266 nuncupative wills 265 wills, before what Register 263 conclusiveness of 276 effect of 276-7 INDEX 731 of presumed decedent 378 time limit for 277 Procedure for widow's or children's exemption out of real estate in different counties 413 in sale of coal leases 623-4 to compel filing inventory and appraisement 393 enforce lien of decedent's debts 418-21 payment of legacy charged on land 471-3 organize corporation to carry on business of decedent 533 under Intestate Act where surviving spouse but no known heirs 341 where real estate devised at a valuation 501-7 will or later will of presumed decedent is produced 376 Proceedings by surety for discharge 582 for sale or mortgage of real estate to pay debts where fiduciary is purchaser or mortgagee 447 in Orphans' Court in default of appearance 125 to compel obedience to orders, etc 126-49 to relieve real estate from lien of debts 456-8 under Revised Price Act 183 where allowance of $5,000, etc., under Intestate Act is claimed out of real estate 299-300 Proceeds of sale, issue on, from Orphans' Court to Common Pleas 161-2 Process, attestation of, in Orphans' Court in of Orphans' Court in other counties 133 return days of, in Orphans' Court 112 to recover fines, forfeitures and amercements 146 Production of books and papers in Orphans' Court 155 Proof of service of citation in Orphans' Court 124 Property included in inventory and appraisement 394-9 passing under Intestate Act 293 wills 214 removal of, by foreign fiduciary 596-7 selection of, for exemption of minor children 408 subject to widow's or children's exemption 403 Public sales, objections to, not affected 206 under Revised Price Act, effect of 208 Publication in Orphans' Court no of citation in Orphans' Court 123 Purchase money, application of, in partition 38 under Revised Price Act 189 sale by executor 496 recognizance for, in partition 37 unpaid, mortgage for, in sale under Revised Price Act ... 194 of real estate, contract of decedent for 459-64 or mortgage by fiduciary 202 Purchaser, liability for widow's interest in partition 39 of, under sale for payment of debts 455 of real estate from executors, etc., obligation! of 496 732 INDEX Rate of interest to be paid by fiduciary 537 Real estate, after acquired, to pass by general devise in will 228 allowance of $5,ooo, etc., out of, under Intestate Act 299-300 claim of exemption out of, by widow or children 410-11,413-4 contracts of decedent for sale or purchase of 459-64 devise of 230 subject to mortgage 239 devised at a valuation, procedure 5OI-7 to executor .' 56 discharge of, from lien of legacies, etc. 481-90 effect of decree of presumption of death on 371 election by guardian or trustee to take in lieu of proceeds 498 in different counties, application for sale or mortgage of, to pay debts 448-9 procedure under widow's or children's claim of ex- emption 413 under Revised Price Act 203-4 where claimed as allowance of $5,ooo, etc., under Intestate Act 302 investment in by fiduciaries 529 lease of by testamentary trustee or guardian 497 obligation of purchaser of, from executors, etc. 496 of decedent, sale or mortgage of, to pay debts 430-55 powers of executors as to 491-4 purchase or mortgage of, by fiduciary 202 surviving, acting or remaining executors or adminis- trators c. t a. as to 494 procedure to relieve from lien of debts 456-8 residuary, charge of pecuniary legacy on 238 retention of quality as, of proceeds of sale, etc., under Revised Price Act 189 revocation of devise of 241 sale of by foreign fiduciary 593 statement of, on application for sale or mortgage to pay debts 434 Recognizance, discharge of real estate from lien of 481-90 for purchase money in partition 37 in partition 57-9 Recording and registering decree of widow's or children's ex- emption 414 report of commissioners to designate curtilage of building devised 510 bond of register of wills 257 certified copy of decree of allowance of $5,000, etc., under Intestate Act 303 decree of presumption of death 371 on petition of surviving spouse under Intestate Act where no known heirs 341 to discharge real estate from lien of legacies, etc., 482 to take real estate at appraisement 505 INDEX 733 deeds and mortgages under Revised Price Act where land in different counties 204 elections 249 of guardians or trustees 498 inventory and appraisement 273 wills 270 in foreign language 271 Records of Orphans' Court 86, 88-90 lost or destroyed 156 Recovery of widow's interest from purchaser in partition... 39 Reduction of bonds of fiduciary 389 fund set apart out of residue to pay annuities, etc 479 Refunding bonds 55Q-60 on distribution of estate of presumed decedent 373 requirement of 553 of mortgage given to pay debts 435 Refusal of fiduciary to act under application to sell or mort- gage real estate to pay debts 441-6 or neglect to deliver election, effect of 246 to probate will, conclusiveness of 276-7 satisfy recognizance in partition, remedy for 49 Register of Wills Act 254-91 appeals from 105, 276, 284-6 as clerk of the Orphans' Court 87-91 before what, wills should be probated 263 bill of costs 287 bond 256-60 citation by, to parties interested in estate of presumed de- cedent 377 collection of costs by 288 deputy, appointment and duties 261 duty of, as to accounts 542 to furnish copies of bond, etc 274 fee for Commonwealth on issue of letters by 289 jurisdiction 262-355 liability of, for granting letters without bond 385 oath of office 255 power to issue commission to take depositions subpoena witnesses 268 precept to Common Pleas on issue d. v. n 278 revocation of letters by 264 testimony in proceedings removed from 157-8 Registry of decree to take real estate at appraisement 505 Rehearing of accounts of guardians 614 Relief granted under Revised Price Act 168-84 Religious and charitable uses, bequests for 222 association, title in, relief under Revised Price Act 176 preferment of guardians 600 Remainder interests, sale of under Revised Price Act 185 vested in husband, widow's share in, under Intestate Act.. 304 734 INDEX wife, husband's share in, under Intestate Act 305 Remainders barred by decree under Revised Price Act 186 Remedy for refusing to satisfy recognizance in partition 59 Removal from state as ground for removal of fiduciary 569 of executors, etc., effect of, on sale in partition 42 fiduciaries 565-78 effect of, on sale under Revised Price Act 201 for failure to give security 580 mismanagement, on petition of surety 583 property by foreign fiduciary 596-7 resident fiduciary on appointment of foreign fiduciary 597 or incapacity of fiduciary, effect on application for sale or mortgage of real estate to pay debts 441-446 Rent-charge, suit for, by executor or administrator 515 Rental value, deduction of, in partition 29 Rents and royalties, mining, under Revised Price Act 172 as assets for payment of decedent's debts 417 bequests of 223 of property set apart under Intestate Act as allowance of $5,000 301 claimed under widow's or children's exemption 412 to be included in inventory and appraisement 396-7 Re-opening decrees in Orphans' Court 144 Repealing clause in Fiduciaries Act 623 Intestate Act 352 Orphans' Court Act 166 Orphans' Court Partition Act 65 Register of Wills Act 291 Revised Price Act 212 Wills Act 253 Report of commissioners to designate curtilage of building de- vised 510 Representation, issue of descendants of deceased grandparents take by under Intestate Act 331 under Intestate Act, limits of 323 issue taking by under Intestate Act 315 Requisites of election to take under or against will 246 Residence of decedent as determining probate of will 263 Resident co-trustee of non-resident fiduciary 589 fiduciary, removal of, on appointment of foreign fiduciary 597 Residuary estate, discharge of, from annuity or legacy 474-80 real estate, charge of pecuniary legacy on 238 Residue, lapsed and void legacies, and devises fall into when.. 235 Retroactive force of provisions with reference to Hen of de- cedent's debts 420 Return and confirmation of appraisement of real estate de- vised at a valuation 504 sale or mortgage to pay debts 453 under Revised Price Act 207 days in Orphans' Court 1 12 INDEX 735 of appraisers 401 service of citation in Orphans' Court 121 Review of accounts, etc 551 Revised Price Act 167-212 Revival of judgments against executor or administrator of judgment creditor 526 by foreign fiduciary 594 which were liens at death of decedent 424 not liens at death of decedent 423 Revocation of letters 264 because of failure to give additional bond 387 effect on sale or mortgage of real estate to pay debts .... 445 on sale, etc., under Revised Price Act 196-201 of administration on estate of presumed decedent 378 on estate of presumed decedent 374 of wills 241-3 Right of married woman to bequeath or devise property held under sole and separate use trust 245 of surviving spouse to elect to take against will 245 of way, etc., under Revised Price Act 173 to letters of administration 357 Roads, etc., laying out, etc., under Revised Price Act 174 Rule as to blood of first purchaser abrogated 332 to accept or refuse or show cause, in partition, combined. 31 purport in partition 15 pay owelty in partition 24 show cause why sale in partition should not be made 30 suit should not abate 522 Rules of Orphans' Court 107 as to auditor 548 S Sales and mortgages of real estate to pay decedent's debts . . 430-55 under Revised Price Act, appointment of master for 191 by sheriff against decedent, distributon of proceeds 427 execution of, under Revised Price Act 184 for distribution 32-3 in partition, account of 44 appointment of trustee for 34 discharge of liens by 36 effect of removal, etc., of executor, etc 42 rule to show cause 30 of real estate by executor 491-4 foreign fiduciary 593 contract of decedent for 459-64 effect of appeal on 163 for payment of debts, jurisdiction of Orphans' Court in 98 to pay widow's or children's exemption 410 securities distributed to fiduciary in kind 557 736 INDEX proceeds of, issue from Orphans' Court to Common Pleas on 161-2 to fiduciary, under Revised Price Act 202 under petition to enforce payment of legacy charged on land 471 Revised Price Act, advertisement of notice of 193 confirmation of 207 effect of removal, etc., of fiduciary 196-201 on obligation to see to application of purchase money 209 on liens 208 mortgage for unpaid purchase money 194 power of co-fiduciary on removal of the other. . . 197 where real estate in different counties 203-4 Satisfaction of judgment in Common Pleas on transcript from Orphans' Court 149, 562 recognizance in partition 58-9 out of estate when party does not appear 143 Scire facias on judgment sur decedent's debts 422 sur judgments against decedent 426 to revive judgments against executor, etc., of judgment creditor 526 not liens at death of decedent 423 which were liens at death of decedent 424 substituted executor or administrator 518-9 Scope of power of executor to sell real estate 491 Seal of Orphans' Court 85 Securities unconverted distributable in kind 556-7 transfer of, by foreign fiduciary 592 Security by foreign fiduciary on removal of property 596 one entitled to income, etc 469 trustee appointed to fill vacancy 584-7 entry of, effect in sale under Revised Price Act 187 for satisfaction out of estate, party not appearing 143 injunction in Orphans' Court 114 sheriff in taking possession to prevent waste 140 or payment in partiton 23 required on objection to private sale under Revised Price Act 206 on sale or mortgage to fiduciary under Revised Price Act 202 under Revised Price Act on removal, etc., of fiduci- ary 196-201 requirement of, from foreign fiduciary 579-82 to dissolve attachment in Orphans' Court 138 Service of attachment for inquest in partition 5 citation in Orphans' Court 117-120,124 notice of proceeding under Revised Price Act 183 process in partition where land in different counties. . . 52 <5n fiduciary in another county 524 INDEX 737 rule to accept or refuse in partition 15 show cause, sale in partition 30 sci. fa. on executor or administrator 519 on non-resident, of rule to pay owelty in partition 24 outside of state in partition proceedings 7 Separate trustee, when appointed 586 Sequestration, abatement of in Orphans' Court 135 in Orphans' Court ' 128, 132, 134-8, 143-5 fi. fa 145,147 Setting aside private sale in partition 49 Sheriff, fees of, for serving writs of Orphans' Court 150 inquest of, in partition where land in different countries 50 sale against decedent, distribution of proceeds of 427 Short title of Fiduciaries Act 622 Intestate Act 350 Orphans' Court Act 165 Orphans' Court Partition Act 64 Register of Wills Act 290 Revised Price Act 211 Wills Act 251 Sickness as ground for removal of fiduciary 568 Signature to wills 215-6 Sisters and brothers as heirs of illegitimates under Intestate Act 335 legacies and devises to, not to lapse when 234 rights of under Intestate Act 318-21 Soldiers, wills of 221 Sole and separate use trust, right of married woman to devise or bequeath property held under 245 Specific execution of contract by decedent to sell real estate, jurisdiction of Orphans' Court in 101 Spendthrift trusts, liability of income from 240 Spouse and children or descendants, rights of 295 no children but collaterals, rights of 296-303 one child, rights of under Intestate Act 294 right to take against will 245 rights of under Intestate Act where no known heirs 340-1 Squaring of lines, etc., under Revised Price Act 171 Statement of investments by fiduciary 553 Statute of limitations against debts due estate 523 Stay of execution against decedent 428-9 Stock of corporation organized to carry on business of de- cedent 534 transfer of, by foreign fiduciary 592 voting of, by fiduciary 535 Streets, etc., laying out, etc., under Revised Price Act 174 Subdivision of premises under Revised Price Act 174 Subpoena of witnesses to wills 268 Subpoenas in Orphans' Court ,,,,,,..,,,. , , , , 151 47 738 INDEX Substitution in actions of persons supposed to be dead 375 or executors and administrators 512-22 Successors to trustees, appointment of 584-7 Suits against non-resident fiduciaries 524 on bonds of fiduciaries 338 Summary removal of fiduciaries 576 Superior Court, appeals to, from Orphans' Court 164 Support of minor, allowance for 607 Supposed decedents 366-80 Supreme Court, appeals to, from Orphans' Court 164 Surety of fiduciary, discharge of 563-4 proceedings for discharge of 582 right of, to demand statement of investments 583 service of citation on. in Orphans' Court 120 Surplus income from estate set apart from residue to pay annuity, etc. 478 Survival of actions 512-22 Surviving issue to take to avoid lapse of legacy or devise 233 spouse and children or descendants, rights of 295 no children, but collaterals, rights 296-303 one child, rights of under Intestate Act 294 right of to take against will 245 rights of, where no known heirs, Intestate Act 340-1 T Tax on proceedings before Register of Wills 287 Tenant for life, bequests of rents, etc., by 223 Terms of Orphans' Court 108 sale for payment of debts 439 Testamentary, granting letters 355-64 guardians 224-6 effect on by provisions of Fiduciaries Act 599-616 trust, vacancy in 584-7 trustees and guardians, lease of real estate by 497 Testatum fi. fa. in Orphans' Court 131 Testimony, commissioners to take, by Register of Wills 269 in Orphans' Court 152-4 perpetuation of 156 proceedings from Register of Wills I 57-8 Timber and coal lands, partition of, jurisdiction of Orphans' Court 3 Time for appeal from Register of Wills 285 distribution 552 filing inventory and appraisement 392 proving nuncupative wills 220 limitation on granting letters 356 of payment of decedent's debts 416 to take effect, construction of wills as to 227 when Intestate Act takes effect 351 Wills Act takes effect , 252 INDEX 739 Title acquired in sales, etc., under Revised Price Act, effect of appeals on 210 disposition of, jurisdiction of Orphans' Court in 99 in estate tail, etc., relief under Revised Price Act 177 of acts, short, Fiduciaries Act 622 Intestate Act 35 Orphans' Court Act 165 Orphans' Court Partition Act 64 Register of Wills Act 290 Revised Price Act 211 Wills Act 251 subject of relief under Revised Price Act 175-82 to curtilage of building devised 5 IQ real estate taken as widow's or children's exemption. . 411 under Intestate Act as allowance of $5,000 300 transferred by decree under Revised Price Act 187 under decree of presumption of death 371 Revised Price Act not affected by removal, etc., of fiduciary 20O Transcripts in Common Pleas, filing from Orphans' Court .. 148 of balance due by fiduciary 561-2 Transfer of securities by foreign fiduciary 592 Translations in Orphans' Court 90 of wills in foreign language 271 Triennial accounts of guardians 608 trustees 546 Trust affecting title, relief under Revised Price Act 176 inadequate powers, relief under Revised Price Act 181 management of, power of fiduciary to delegate discretion 495 neglect or abuse of, as ground for removal of trustee .... 572 property, enforcement of delivery of 141-2 wasting prevention of 140 procedure on 140 spendthrift, liability of income from 240 Trustees accounts of ., 539-47 sale in partition by 44 appointment of to fill vacancy 584-7 commission of, when also executor 538 compensation of, on partition 46 durante absentia, jurisdiction of Orphans' Court in ap- pointment 95 powers and duties 617-19 effect of removal, etc., on sales in partition 42 election by 498-500 for distribution of estate of presumed decedent 373 life interest in partition 41 tenant, appointment of 469 sale in partition, appointment of 34 unknown parties in partition 25 foreign 590-8 740 INDEX awards to 598 in partition to protect persons not in esse 60 inadequate powers, relief under Revised Price Act 181 jurisdiction of Orphans' Court in appointment, etc 94 not to be appointed guardian 601 purchasers of real estate from, obligations of 496 removal, etc., effect of on sale under Revised Price Act. 196-201 of for neglect or abuse of trust, etc 565-78 separate, when appointed 586 testamentary, leases of real estate by 497 to make sale of minor's interest under Revised Price Act. 185 U Unconverted securities, distribution of in kind 556-7 Undivided interest of decedent in partition, valuation of 14 Unincorporated associations, title in, relief under Revised Price Act 176 United States service, minors in, appointment of guardians for 604 Unknown parties in partition, trustee for 25 V Vacancy, appointment of trustee to fill 584-9 Vacating streets, etc., under Revised Price Act 174 Vacation of decrees of presumption of death 370, 374 proceedings in Orphans' Court in 113 Validation of previous decrees where real estate devised at appraisement or valuation 507 elections by guardians or trustees 500 Valuation of decedent's undivided interest in partition 14 real estate devised to executor at 506 Void or lapsed legacies or devises 233-5 Voting of stock in corporations by fiduciaries 535 W Wages distribution of, by employer 558 Waste or mismanagement by fiduciary, as ground for removal 566 Wasting of trust property, procedure in 140 Weak-minded persons, title in, relief under Revised Price Act 176 Widow, allotment to, in partition 21 and children's exemption 403-14 exemption not disturbed by allowance of $5,000, etc 296 interest in partition 26-7 payment of, out of purchase money, in partition .... 39 rights under Intestate Act barred by desertion 307 share under Intestate Act in lieu of dower 304 Wife and children, maintenance of, from spendthrift trust . . . 240 Wills Act 213-253 when to take effect 252 Wills certified copies of 270 citation to produce 267 INDEX 741 construction of as to time to take effect 227 copies of, probate of 266 discovery of, effect on letters already granted 365 election to take under or against 245-9 effect of, on administration of estate of presumed decedent 376 in foreign language 271-2 form and execution of 215-6 nuncupative 217-20 effect of, to revoke legacy 242 probate of 264 of mariners and soldiers 221 personal estate by non-residents 250 presumed decedents, probate of 378 probate of, conclusiveness of 276-7 time limit for 277 probated in other counties, filing copy of 275 property passing under 214 recording and filing 270 revocation of 241-3 pro tanto, by marriage, etc 243 to be probated before what Register 263 who may make 214 witnesses to, depositions of 269 subpoena and attachment of 268 Witnesses and evidence in Orphans' Court 151-8 depositions of aged, infirm and going in Orphans' Court. . 153 to nuncupative wills 219 wills 215-6 containing bequests for religious, etc., uses 222 depositions of 269 subpoena and attachment of 268 Writ of fi. fa. in Orphans' Court 129 sequestration 145, 147 possession to prevent wasting trust property 140 testatum fi. fa. in Orphans' Court 131 Writing, reduction of nuncupative will to 220