Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

MONTAGUE v. EARNEST. (06/11/58)

June 11, 1958

MONTAGUE, APPELLANT,
v.
EARNEST.



Appeal, No. 48, April T., 1958, from order of Court of Common Pleas of Allegheny County, Jan. T., 1957, No. 2507, in case of E. Parke Montague, Jr., administrator d.b.n., c.t.a. of the estate of Carrie P. Earnest, deceased, v. Walter C. Earnest, Jr., administrator of the estate of Walter C. Earnest, Sr. Order affirmed.

COUNSEL

Waldo P. Breeden, for appellant.

Maurice Louik, with him Charles E. Young, and Harrison & Louik, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins. JJ.

Author: Wright

[ 186 Pa. Super. Page 211]

OPINION BY WRIGHT, J.

On December 5, 1956, a certified copy of a decree of the Orphans' Court of Allegheny County in the Estate of Carrie P. Earnest, deceased, dated July 30, 1956, was filed in the Court of Common Pleas of said county, together with a praecipe for judgment in favor of E. Parke Montague, Jr., administrator d.b.n. c.t.a. of the Estate of Carrie P. Earnest, against Walter C. Earnest, Jr., administrator of the Estate of Walter C. Earnest, Sr., in the amount of $2,866.34, plus interest from July 30, 1956, in the amount of $42.49. The prothonotary thereupon entered judgment in the total amount of $2,908.83. Upon motion of counsel for the defendant, the lower court struck said judgment from the record. This appeal followed.

Counsel for appellant endeavors to justify entry of the judgment in question under the provisions of Section

[ 186 Pa. Super. Page 212755]

of the Fiduciaries Act of 1949*fn1 relating to transcripts of balances due by personal representatives, and which reads in pertinent part as follows: "(a) Filling in common pleas. The prothonotary of any court of common pleas shall, on demand of any party in interest, file and docket a certified transcript or extract from the record showing that an orphans' court has adjudged an amount to be due by a personal representative, and such transcript or extract shall constitute a judgment against the personal representative from the time of its filing with the same effect as if it had been obtained in an action in the court of common pleas"

The record and briefs before us are so meager that, in order to come to a proper understanding of the factual background, we have reviewed the involved and voluminous proceedings in the orphans' court. Carrie P. Earnest died on April 19, 1951, and her husband, Walter C. Earnest, Sr. was appointed her administrator. The inventory eventually filed in the Estate of Carrie P. Earnest lists the following assets: check of Treasurer of U.S. $16.00, furniture and personal effects $216.00, jewelry $3,074.50, total $3,306.50. Walter C. Earnest, Sr. died on January 14, 1952, and his son by a former marriage, Walter C. Earnest, Jr., was appointed his administrator. After a lengthy contest, a writing signed by Carrie P. Earnest was determined to be testamentary in character. E. Parke Montague, Jr., a nephew, was thereafter appointed administrator d.b.n. c.t.a. of her estate.

The decree dated July 30, 1956, sets up a balance for distribution in the sum of $3,306.50, the amount of the inventory. It credits Walter C. Earnest, Jr. with ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.