Doster Estate

Opinion by

Mr. Justice Allen M. Stearne,

The question is: Whether a fiduciary who has complied with the Fiduciaries Act of June 7, 1917, P. L. 447, 20 PS 862, is to be surcharged for distributing assets of the estate, after numerous accountings, where a creditor has given no notice of his contingent claim, but of which the fiduciary had knowledge?

On February 20, 1939, the Comptroller of the Currency assessed the shareholders of the then insolvent The Lehigh Valley National Bank in accordance with their statutory liability. This estate was then, and still is, the owner of 5010 shares of the…