Legal Opinion

Ellmaker's Estate

Supreme Court of Pennsylvania

Decided May 15, 1835PublishedCited by 27 opinions

APPEAL from the decree of the register’s court of Lancaster county. The controversy in this case was, who was entitled to letters of administration cum testamento annexo of Leonard Ellmaker deceased. A caveat had been entered to the probate of the will of Leonard Ell-maker, which resulted in an issue of devisavit vel non, sent to the common pleas.

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APPEAL from the decree of the register’s court of Lancaster county. The controversy in this case was, who was entitled to letters of administration cum testamento annexo of Leonard Ellmaker deceased. A caveat had been entered to the probate of the will of Leonard Ell-maker, which resulted in an issue of devisavit vel non, sent to the common pleas. During the pendency of this issue, letters of administration pendente lite were granted to Jacob Swartzwaller, who was the husband of one of the daughters of the testator. The issue resulted in establishing the will. By his will, dated September…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

—An administrator, pendente lite, is an officer of the court, whose duty is limited to filing an inventory, taking care of the assets, and collecting and paying debts. His authority does not extend to payment of the legacies or making distribution of the estate. Commonwealth v. Mateer, 16 Serg. & Rawle 416; Adam v. Shaw, 1 Schoales & Lefroy’s Rep. 254. When the suit is ended, an administrator pendente lite must pay over all that he has received in his character of administrator, to the persons pronounced by the court to be entitled ; and from…

2Cases cited1 opinion

  1. Commonwealth ex rel. Huston v. MateerSupreme Court of Pennsylvania · 1827

3Cited by27 opinions

  1. Friese's EstateSupreme Court of Pennsylvania · 1934
  2. Schulz EstateSupreme Court of Pennsylvania · 1958
  3. In Re Estate of HenryCourt of Appeals of Arizona · 1967
  4. Gyger's EstateSupreme Court of Pennsylvania · 1870
  5. Kellberg's AppealSupreme Court of Pennsylvania · 1878

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