Appeal of Frey

Citations

• 5 Sadler 265

Syllabus

<p>The power of the orphans’ court to set aside a sale of real estate, made in pursuajice of its own order, rests within the sound discretion of the court; and its exercise, as a general rule, will not be reviewed unless the record shows palpable and gross abuse.</p> <p>Note. — The decisions are uniform in holding that the setting aside of an orphans' court sale is discretionary. Bowers’s Appeal, 84 Pa. 311; William’s Estate, 140 Pa. 187, 21 Atl. 242; Herr’s Estate, 2 Pa. Dist. R. 737. No reversal can be had except in case of abuse. Dean’s Appeal, 87 Pa. 24.</p>