Oberrender Estate

DIGGINS, J.,

I. BACKGROUND

Elsie Payne Oberrender died on June 15, 1977. Letters of administration pendente lite were granted to Timothy J. Gorbey, Esq., on August 3, 1977, by virtue of his appointment to that position by the Honorable Anthony R. Semeraro, Register of *301Wills, Clerk of the Orphans’ Court, under jurisdiction of the Act of June 30, 1972, P.L. 508, 20 P.S. §901; Whitby v. Cottrell, 62 D. & C. 2d 797 (1974).

The register’s instructions to Mr. Gorbey were that he was to commence his duties immediately because of the suspected size of the estate as well as the deteriorating condition of…