Opinion
October 1, 1959.
November 9, 1959.
Orphans' court — Practice — Petition for review — Limitations — Effect of distribution — Insolvent estate — Distribution to creditors — Fiduciaries' Act.
1. Under § 721 of the Fiduciaries' Act of 1949, P. L. 512, the orphans' court has no power to grant a review of an administrator's account and a decree of distribution where it appears that distribution has been completed by the administrator before the filing of the petition for review.
2. In this case in which it appeared that an estate was insolvent and that distribution was awarded to creditors who had properly proved their claims, and that four years after distribution nephews and nieces filed a petition for review alleging that the principal creditor had known of the decedent's heirs and ". . . she falsely and fraudulently and in an attempt to present claim for $10,000 without any opposition from any heirs or interested parties, stated that there were no heirs at law to said . . ." decedent, it was Held that preliminary objections to the petition had properly been sustained.
Before JONES, C. J., BELL, JONES, COHEN, BOK and McBRIDE, JJ.
Appeal, No. 150, March T., 1959, from decree of Orphans' Court of Allegheny County, No. 3400 of 1953, in re estate of Rufus Thomas, deceased. Decree affirmed; reargument refused December 10, 1959.
Same case in court below: 18 Pa. D. C.2d 677.
Proceedings on petition for review of a decree of distribution.
Adjudication filed sustaining the preliminary objections to the petition, and decree entered, opinion per curiam. Petitioners appealed.
Allen N. Brunwasser, for appellants.
Harold E. Harper, with him Alter, Wright Barron, for appellee.
Herbert R. Hahn, for appellee.
The decree is affirmed on the opinion of Judge RAHAUSER, of the court below, reported in 18 Pa. D. C.2d 677.