Appeal, No. 100, March T., 1951, from decree of Orphans' Court of Allegheny County, 1942, No. 9036, in Estate of Gertrude K. Lare, deceased. Decree, as modified, affirmed.
Bresci R. P. Leonard, with him Rahauser, Van der Voort, Royston, Robb & Leonard, for appellant.
Elder W. Marshall, with him Reed, Smith, Shaw & McClay, for appellee.
Before Drew, C.j., Stearne, Jones, Bell, Ladner and Chidsey, JJ.
OPINION BY MR. JUSTICE LADNER
The Fidelity Trust Company of Pittsburgh filed its first and partial account as administrator d.b.n. of the
Estate of Gertrude K. Lare, deceased. Marcellus R. Lare, Jr., surviving spouse, filed certain objections to the confirmation of the account which were dismissed by the auditing judge and exceptions to the auditing judge's adjudication were later dismissed by the court en banc, from which we have this appeal by Marcellus R. Lare, Jr.
From the learned auditing judge's adjudication we take the following statement of preliminary facts concerning this estate. "Gertrude K. Lare died on June 25th, 1942. On July 31, 1942, Marcellus R. Lare, Jr., the surviving husband, caused to be probated as her will a typewritten writing on the face of a bank check. On the same date letters of administration c.t.a. on the estate were granted to Mr. Lare, the exceptant in the present proceeding. As administrator c.t.a. Mr. Lare came into possession of the assets of the estate consisting of personal effects, furniture, an automobile, jewelry, cash, and securities. In December of 1942 the brothers and sister of the decedent appealed from the probate of the will, charging it to be a forgery. After a long hearing a decree nisi was entered in November, 1943, sustaining the appeal and revoking the letters of administration granted to Mr. Lare. On December 30, 1943, the decree nisi was made absolute by a decree of the Orphans' Court in banc.
"The final decree of December 30, 1943, terminated Mr. Lare's right to administer the estate. On appeal, the Supreme Court of Pennsylvania reversed so much of the decree of the Orphans' Court as refused an issue devisavit vel non. The portion of the decree removing Mr. Lare as administrator c.t.a. was not disturbed.
"During the seventeen-month period that he was administrator of the estate, Mr. Lare filed no inventory or account nor was anything done by him towards the ...