Tourison's Estate

Opinion by

Mr. Chief Justice Kephart,

Testator died January 26,1933. On October 14,1933, the Germantown Trust Company, a creditor, instituted suit against his executors for a balance due upon decedent’s notes, and filed a prsecipe with the prothonotary directing him to index the action in the judgment index in accordance with section 15 of the Fiduciaries Act of 1917. June 18, 1934, more than a year after testator’s death, it was discovered that the prothonotary had neglected to index the action in the judgment index and, upon his attention then being called to this fact, he indexed the action…