Adamo Estate

Cox, J.,

The question in this case is whether an executor of a decedent’s estate is relieved by the Fiduciaries Act of 1949 from liability to surcharge where he has made advance distribution from the residuum of the proceeds from the private sale of decedent’s real estate to a devisee whose distributive share is subject to the lien of a judgment entered against him subsquent to decedent’s death and prior to the executor’s sale of the real estate.

Angelina Adamo, also known as Angelina Adams, a resident of Allegheny County, Pa., died testate on November 2, 1950. Her will, dated October 6, 1950,…