Acklin's Estate

Citations

• 237 Pa. 528
• 85 A. 862
• 1912 Pa. LEXIS 961

Syllabus

<p>Wills — Power of sale — Equitable conversion — Sale for the payment of debts — Orphans’ Court sale — Jurisdiction—Act of February 24,1884, P- L. 70.</p> <p>1. A direction by a testator to his executors to sell his real estate and distribute the proceeds thereof amongst his widow and daughters in certain portions, with a trust for the widow for life, works a conversion of the real estate for the purpose of distribution, but it does not oust the jurisdiction of the Orphans’ Court to order a sale of the real estate for the payment of the testator’s debts.</p> <p>Sale — Orphans’ Court sale — Confirmation—Inadequacy of price —Laches.</p> <p>2. Where real estate of a decedent has been sold under an order of the Orphans’ Court, and the sale has been duly confirmed, the purchase money paid, and a deed delivered, a party in interest cannot, in the absence of fraud, after two years from the expiration of the sale, have the sale set aside because of inadequacy of price; and this is especially so where no better price is offered, nor any security tendered to insure a higher price at a re-sale.</p>