Appeal of Barber

Citations

• 125 Pa. 564
• 18 A. 394
• 1888 Pa. LEXIS 701

Syllabus

<p>(a) W. B., who died in 1875, bequeathed his estate to his widow for life, with remainder to his children. The estate consisted chiefly of judgments against a son which were liens on certain land. In 1877 this land was sold, on judgments subsequent to W. B.’s, to “ C. W., executor of W. B.”</p> <p>(b) By agreement of the parties, C. W. took title as trustee for P. T. B., who furnished the costs, the only consideration paid, to the extent of said consideration, and as executor, to the extent necessary to pay W. B.’s debts, and then as trustee for the use of W, B.’s heirs.</p> <p>(c) In 1884 the widow died. In 1885 C. W., as executor and trustee,” sold the land at public sale for less than its value, and without order of court. He made no return of the sale and did not account for the proceeds. The land had been occupied meantime by P. T. B.</p> <p>(cl) At the sale in 1885, notice was given by the heirs that there were no debts of the estate, and that C. W. had no authority- to make the sale. In 1887 the heirs, including P. T. B., petitioned the Orphans’ Court which had jurisdiction over W. B.’s estate, to set aside the sale.</p> <p>1. In such case, the Orphans’ Court had no jurisdiction. No creditor complained, and after the sale of 1885 C. W. held title, not as executor under the will, but as trustee for P. T. B. and for the heirs, by their own agreement, and the estate of W. B., as such, was no longer interested.</p>