Cavanaugh v. Dore, Executors

Opinion by

Dithrich, J.,

This is a cautionary suit brought by a creditor of Margaret Dore Diggin, deceased, pursuant to section 15 (a) of the Fiduciaries Act of June 7,1917, P. L. 447, 20 PS 521, as amended. The defendants, nominated as executors in the will, were served with the writ of summons, an appearance de bene esse was entered by their counsel, and a petition presented raising preliminary jurisdictional questions under the Act of March 5,1925, P. L. 23, 12 PS 672. A rule to show cause was granted and plaintiff filed an answer admitting the essential averments of the petition that the…