Schulz Estate

Opinion by

Mb. Justice Benjamin B. Jones,

This appeal presents a very narrow issue: does a Begister of Wills have the authority to issue letters of administration d.b.n.c.t.a. to one who is a stranger rather than to residuary legatees willing to act?

This estate has been the subject of extensive litigation, principally concerning the appointment of an administrator d.b.n.c.t.a. The factual background of this estate was set forth at length by the late Mr. Justice Stearns in Schulz Estate, 374 Pa. 459, 461-464, 98 A. 2d 176: “Max Schulz, the testator, died May 30, 1917. He was possessed of a…