Hendel's Estate

44 Pa. D. & C. 431, 1942 Pa. Dist. & Cnty. Dec. LEXIS 487
CourtPennsylvania Orphans' Court, Berks County
DecidedJanuary 10, 1942
Docketno. 17375
StatusPublished

This text of 44 Pa. D. & C. 431 (Hendel's Estate) is published on Counsel Stack Legal Research, covering Pennsylvania Orphans' Court, Berks County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hendel's Estate, 44 Pa. D. & C. 431, 1942 Pa. Dist. & Cnty. Dec. LEXIS 487 (Pa. Super. Ct. 1942).

Opinion

Marx, P. J.,

Petitioner seeks a review of an adjudication and an amendment of the decree of distribution based thereon.

Raymond H. Hendel died on April 21, 1931, testate. His will was probated and letters testamentary thereon were granted on April 27, 1931, to The Reading National Bank & Trust Company, executor. Testator placed his entire estate in trust, to the use of his wife for life, remainder to his five named children, and named The Reading National Bank & Trust Company trustee. The inventory filed showed a personal estate appraised at $67,507.97. A supplementary inventory added a one-half interest in the partnership of “John Hendel Sons”, which was appraised at $30,198.62.

The Reading National Bank & Trust Company, executor and trustee, became insolvent. It discontinued operations pursuant to the Presidential decree of March 4, 1933, and never resumed. A first and final account of the executorship was stated and submitted for audit by Harvey S. Adams, receiver, by appointment of the Comptroller of the Currency of the United States. In that account were charged, inter alia, the assets included in the aforesaid general and supplementary inventories. Exceptions to the account were filed and prosecuted in behalf of the widow, life beneficiary under the trust. An adjudication was filed and confirmed nisi on September 10,1938.

In that adjudication the executor was found negligent in failing to accept an offer of $35,000 for the [433]*433estate’s interest in the partnership in August 1931, and liable for the loss sustained thereby, as of March 4, 1933, when the executor’s fiduciary powers were suspended. A surcharge in the sum of $35,000 was decreed and distributed to the Berks County Trust Company, succeeding trustee under the will of decedent. There was also distributed and decreed to the succeeding trustee “the partnership interest to be held in abatement of said surcharge at a value to be determined as of March 4, 1933”.

There was likewise decreed and distributed a surcharge of $1,115.48, “together with 6 — $1,000 Cerena Apartment Bldg. 1st Mtge. 6 Gold Bonds, $564.52” and interest accrued, but not paid, on said bonds, $36. The $36 item was subsequently changed to $85.58.

After exceptions to the adjudication and distribution, the court, in an opinion filed March 25, 1939, affirmed the findings involved in the aforesaid decrees, and considered the legal propositions in relation thereto, submitted by exceptants. One such proposition was:

“ ‘Should the court have adjudicated as a claim against the receiver the full amount of the surcharges and distributed the trust assets, except the Reading National Bank & Trust Company stock to the succeeding trustee, provided that dividends on the claim against the receiver plus the proceeds of the eventual liquidation of the assets should not exceed the amount of the claim?’ ”

In answer we said:

“In this case the liability of the executor was determined, and specific assets, pertinent to that liability, were found. We directed the application of those assets to the liability and found a net sum to be claimed against the estate of the insolvent bank. The last of those steps should have been omitted.
“It is the function of this court to audit the executor’s account and to adjudicate rights and liabilities.. Distribution of the assets of the bank now in process [434]*434of liquidation by the receiver, and the determination of rights of claimants against those assets is not required or permitted, on this accounting. We have found the executor liable in the sum of $35,000 on the item of the testator’s partnership interest and have decreed that interest and its value as of March 3, 1933, to the trustee. We found the executor liable on the Cereña Apartment Building bonds in the sum of $1,680 and have distributed the bonds now held, at a value of $564.52, to the trustee. The specific assets so distributed were under equitable liens in favor of the estate, and their effect upon distribution of the assets of the bank, on an accounting thereof by the receiver, must be determined in the court having jurisdiction of that account. The adjudication is now amended in accordance with the views here expressed.”

There was no appeal from this final decree.

On October 11, 1940, the Berks County Trust Company, succeeding trustee, sought a decree requiring Herbert F. Dunn, then and now receiver of Reading National Bank & Trust Company:

“1. To turn over to your petitioner the assets adjudicated to it by the decree of your honorable court dated September 10,1938, as amended March 25,1939.
“2. To recognize the claim- of your petitioner against The Reading National Bank & Trust Company, in the hands of the respondent as receiver, on the surcharge adjudicated by said decrees as set forth in this petition in the sum of $36,765.59.
“3. To turn over to your petitioner the balance of cash arising out of dividends due your petitioner after payment of the amounts awarded' in the adjudication of your honorable court dated September 10, 1938.”

In his answer, the receiver denied, inter alia, a claim against the assets in his hands in the sum of $36,765.59, and contended the net surcharge “on account of the undivided interest in the partnership of John Hendel Sons is $35,000, minus the valuation of the partnership interest as of March 4,1933.”

[435]*435In an opinion filed December 14,1940, the court, by way of interpretation, said:

“The adjudication of September 10,1938, found and returned a liability on the accountant, as of August 1931, on the partnership interest, of $35,000. Prior thereto we found no negligence in administration. There was no. final liquidation of the partnership interest and it remained intact on March 4, 1933, the beginning of the ‘banking holiday’, after which the accountant possessed no fiduciary powers. The loss to the estate, on that day, after which further losses could not be charged to the accountant, was the value found, $35,000, less the value of the partnership interest. The right to enforce partnership liquidation had been with the accountant and that right, at its value as of March 4, 1933, was decreed and distributed to the succeeding trustee, in abatement of the $35,000 liability. Negligence in administration and further loss in value of the interest, after March 4, 1933, was not chargeable to the accountant. The right to enforce partnership liquidation now rests in the succeeding trustee. The liability of the accountants, as of March 4,1933, on the partnership interest, was $35,000. Under the jurisdiction of this court there was that unliquidated interest. Upon this the estate had an equitable lien, enforceable here against the asset, to the abatement of the adjudicated liability. That was the only asset, under the authority of this court, available to be applied against the surcharge, and we directed that it be so applied. Further recovery must be sought against the general assets of the accountant. Over those this court has no jurisdiction. The application of this decree against those assets lies within the authority of the person or tribunal having jurisdiction of those general assets and the accounting thereof. The rule to be applied must be invoked there.. Our authority has ended.”

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Bluebook (online)
44 Pa. D. & C. 431, 1942 Pa. Dist. & Cnty. Dec. LEXIS 487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hendels-estate-paorphctberks-1942.