EXECUTORS AND ADMINISTRATORS-POWERS OF EXECUTOR PRIOR TO THE GRANT OF LETTERS TESTAMENTARY

Testator\u27s will was probated solely for the purpose of passing title to the real estate involved. There was no request for letters testamentary by those named executors in the will, it being alleged that there was no personal estate necessitating administration. Six days prior to the expiration of the statutory period for commencing such an action, plaintiffs, creditors, started a suit against the persons named as executors for the purpose of extending the lien of their debt against the land in the estate. The defendants appeared specially to question the propriety of the action against them. On appeal from the lower court\u27s order requiring them to answer the suit, held, affirmed. Defendants are executors for purposes of this suit, and must either answer the complaint or renounce their right to take out letters testamentary. Cavanaugh v. Dore, 358 Pa. 183, 56 A. (2d) 92 (1948)