Opinion
October 10, 1962.
November 26, 1962.
Orphans' Court — Powers — Removal of personal representative.
In this appeal from a decree removing an administratrix d.b.n.c.t.a., in which it appeared that the personal representative had a 4/15ths interest in the estate and the petitioners who desired her removal owned the remaining 11/15ths; that the sole remaining asset of the estate consisted of a distributive share in another estate totaling $33,158.86 which had been attached in 1953 by a judgment creditor who held judgments exceeding $300,000; and that the judgment creditor had offered to settle the claim on the judgments for the payment of $14,000 which all the other parties in interest except the personal representative were anxious to accept, it was Held that (1) the court below had properly removed the personal representative and (2) had properly expressed its intention to approve the settlement.
Before BELL, C. J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and KEIM, JJ.
Appeal, No. 211, March T., 1962, from decree of Orphans' Court of Allegheny County, No. 5112 of 1951, in re estate of Madison Bailey, Jr., deceased. Decree affirmed.
Proceedings on petitions for approval of settlement of claim against decedent's estate and in alternative for citation to show cause why administratrix d.b.n.c.t.a. should not be removed.
Decree entered removing administratrix d.b.n.c.t.a. from her office, opinion by COX, J. Former administratrix appealed.
Isabel Bailey Stilley, appellant, in propria persona.
Thomas D. Thomson, with him Pringle, Bredin Martin, for appellees.
Decree affirmed on the opinion of Judge COX, each party to pay own costs.