Legal Opinion

Seidman's Estate

Supreme Court of Pennsylvania

Decided May 9, 1921No. Appeal, No. 101PublishedCited by 5 opinions

Appeal, No. 101, Jan. T., 1921, by United States Fidelity & Guaranty Co., surety, from decree of O. C. Lackawanna Co., No. 3, 1916, discharging administrator from custody on attachment, in estate of Moses L. Seidman, deceased. Petition to discharge Wolf Seidman, administrator of M. L. Seidman from custody for contempt of court. Before Sando, P. J. The opinion of the Supreme Court states the facts. The court entered a decree discharging the administrator from custody.

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Appeal, No. 101, Jan. T., 1921, by United States Fidelity & Guaranty Co., surety, from decree of O. C. Lackawanna Co., No. 3, 1916, discharging administrator from custody on attachment, in estate of Moses L. Seidman, deceased. Petition to discharge Wolf Seidman, administrator of M. L. Seidman from custody for contempt of court. Before Sando, P. J. The opinion of the Supreme Court states the facts. The court entered a decree discharging the administrator from custody. See 49 Pa. C. C. R. 104; 21 Lackawanna Jurist 117. The United States Fidelity & Guaranty Co., surety, appealed. Error assigned,…

1Opinion of the Court

Opinion by

Mr. Justice Schaffer,

Wolf Seidman, appellee, was appointed administrator of Moses L. Seidman. The United States Fidelity and Guaranty Company, appellant, became surety on his bond.

The administrator sold certain assets of the estate; on exceptions to his account by creditors, it was determined he had not exercised common skill, prudence and caution in disposing of the property in question, and he was surcharged (Seidman’s Est., 261 Pa. 540). The surety paid the amount of the surcharge into court and distribution of it was made to creditors.

After payment by the surety, the orphans’…

2Cases cited4 opinions

  1. Passmore Williamson's CaseSupreme Court of Pennsylvania · 1855
  2. Commonwealth v. ShecterSupreme Court of Pennsylvania · 1915
  3. Seidman's EstateSupreme Court of Pennsylvania · 1918
  4. Lessee of Penn v. MessingerSupreme Court of Pennsylvania · 1791

3Cited by5 opinions

  1. Commonwealth Ex Rel. Di Giacomo v. HestonSupreme Court of Pennsylvania · 1928
  2. Messmore's EstateSupreme Court of Pennsylvania · 1928
  3. Ross v. DeverSupreme Court of Pennsylvania · 1929
  4. Davidyan Et Ux. v. DavidyanSupreme Court of Pennsylvania · 1939
  5. Ensslen EstateSuperior Court of Pennsylvania · 1948

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