Brickajlik Estate

21 Pa. D. & C.3d 74, 1980 Pa. Dist. & Cnty. Dec. LEXIS 51
CourtPennsylvania Court of Common Pleas, Bucks County
DecidedSeptember 30, 1980
Docketno. 40-657
StatusPublished

This text of 21 Pa. D. & C.3d 74 (Brickajlik Estate) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Bucks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brickajlik Estate, 21 Pa. D. & C.3d 74, 1980 Pa. Dist. & Cnty. Dec. LEXIS 51 (Pa. Super. Ct. 1980).

Opinion

MIMS, J.,

Objections to the schedule of distribution filed in accordance with the adjudication of the third and final account of Bucks County Bank and Trust Company, Administrator, have been filed by Andrew Brickajlik, William Brickajlik, Lena Tiller and Rose Withers, four of the six heirs of decedent.

These objections were originally filed in 1970 at the time of the filing of the first and partial account and again renewed at the time of the second and partial account. Decision on these objections was deferred until the fifing of the schedule of distributions directed after the adjudication of the third and final account.

These objections relate to the unequal advance distributions made to certain heirs and a demand for interest to equalize the distributions among all the heirs.

After a petition for a citation to show cause why an evidentiary hearing should not be held, answer and new matter in response thereto, a reply to new matter and memorandum of law, an evidentiary hearing was held on June 16, 1980. Subsequently briefs were filed and the matter is now ready for decision.

The estate has been 12 years in reaching this point and its history can be read in the adjudication of the first account written by the Honorable Edwin H. Satterthwaite, the then President Judge of the Orphans’ Court in 1974, affirmed by the Pennsylvania Supreme Court in Estate of Brickajlik, 463 Pa. 131, 344 A. 2d 461 (1975), and in the adjudication of the second and partial account filed by the undersigned judge on January 2, 1979.

The present controversy arises over the unequal distribution to the heirs. These distributions are as follows:

[76]*767/18/69 Credits for respective shares of real estate purchased by some of the heirs as follows:
John Brickajlik 1/6 interest $23,167.00
John Brickajlik 1/6 interest 16.833.00
Michael Brickajlik 1/6 interest 23.167.00
Michael Brickajlik 1/6 interest 16.833.00
Andrew Brickajlik 1/6 interest 18,000.00
William Brickajlik 1/6 interest 18,000.00
Rose Withers 1/6 interest 18,000.00
Lena Tiller 1/6 interest 18,000.00
6/25/76 Distribution to Andrew Brickajlik, check to Rose Brickajlik and David S. Winston, attorney, for garnishment and attachment proceedings against Andrew Brickajlik 5,782.72
10/28/77 Net proceeds from sale of real estate on Constitution Avenue, Perkasie, Pa. paid to:
John Brickajlik 1/6 interest 8.581.91
Michael Brickajlik 1/6 interest 8.581.91
William Brickajlik 1/6 interest 8.581.91
Andrew Brickajlik 1/6 interest 8.581.91
Lena Tiller 1/6 interest 8.581.91
Rose Withers 1/6 interest 8.581.91
Total Distributions $209,274.18

The accountant’s schedule of distribution proposes to distribute the remaining principal and income in equal shares to the six heirs of decedent after deducting the respective advance distributions so that the final amounts to be awarded to the heirs are:

John Brickajlik $ 9,614.81
Michael Brickajlik 9,614.81
Andrew Brickajlik 25,832.09
William Brickajlik 31.614.81
Rose Withers 31.614.81
Lena Tiller 31.614.82
Total $139,906.15

[77]*77The objectors argue that an adjustment should be made in schedule of distribution to equalize the distributions among the heirs, not only as to the principal amount distributed but also as to the benefit received by the so-called favored heirs from having received substantial partial distributions in excess of their fair share approximately 11 years ago.

The evidence from the hearing and the record shows that the decedent’s estate contained various parcels of real estate, which the administrator sold at public auction on November 2, 1968, after negotiations with the attorneys for the respective heirs by the attorney for the administrator. The attorneys for the respective heirs were notified by the attorney for the administrator that if any of the heirs were successful bidders the interest of such heir, should be credited toward the total purchase price which the successful bidder-heir would be obligated to pay. The limit of the credit was fixed at one-sixth of the price for each parcel. The letter from the attorney for the accountant to the attorneys for the heirs (P-1) contained the following paragraph:

“If any of the heirs should be successful and purchase any of the various pieces of real estate, I feel that the interest of such heir in the father’s estate should be credited toward the total purchase price which such heir or heirs might be obligated to pay on the bid price, with the understanding that such heir should pay interest at the rate of 6% on the difference between the amount due the estate and the amount of such heir’s interest. In view of the objections raised by the titled company mentioned above, I would suggest that such interest shall be computed and begin to run from such time as the [78]*78Administrator is in position to give a good and marketable title.”

John and Michael obtained their financing from another source and the other four heirs obtained a purchase money mortgage for the difference between their credit and the total purchase price.

The attorney for the accountant testified that he had met with the attorneys for the two separate groups of heirs and an expression of the understanding arrived at by the attorneys was summarized in the letter written to both attorneys on October 25, 1968 (P-1), supra, prior to the public auction on November 2, 1968. No objections to this letter were communicated to the accountant’s attorney. In fact the understanding was affirmed by a letter from the attorney for the four objectors dated May 6, 1969 (P-3) and again affirmed by a letter dated May 9,1969 to the new attorney for two of the heirs, John and Michael. (P-2).

John Brickajlik and Michael Brickajlik both testified that they had seen P-1 prior to the auction and had relied upon the paragraph cited above when they bid on the properties which they purchased at the sale.

We are satisfied that the credits allowed on the purchase of real estate were not preferential distributions as argued by the obj ectors. We also find that there was an agreement among the heirs that the credits should be given to any heirs who were successful bidders at the auction and that the only interest to be charged was on the amount in excess of the bidder’s interest.

[79]*79This case can be distinguished from the Estate of Snyder, deceased, No. 49511, which we decided in May, 1980, and upon which the objectors rely. In that case, the executrix had distributed to herself in February of 1976 cash in the amount of $11,157.47 which resulted in an advance distribution to her in excess of her share in the estate.

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Related

Estate of Brickajlik
344 A.2d 461 (Supreme Court of Pennsylvania, 1975)

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Bluebook (online)
21 Pa. D. & C.3d 74, 1980 Pa. Dist. & Cnty. Dec. LEXIS 51, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brickajlik-estate-pactcomplbucks-1980.