Behringer's Estate

Citations

• 265 Pa. 111
• 108 A. 414
• 1919 Pa. LEXIS 507

Syllabus

<p>Appeals — Assignments of error — Erroneous assignments — -Trusts and trustees — Parties.</p> <p>1. An appeal will be quashed if all the assignments of error violate the rules of court.</p> <p>2. An assignment of error is bad which recites the decree of the court sustaining exceptions to the confirmation of the sale of real estate, without quoting any of the exceptions.</p> <p>3. A dry trustee has no standing to appeal from a decree of the court below in a dispute between the eestuis que trust touching the disposition of the estate.</p> <p>Trusts and trustees — Dry trust — Power of sale — Act of June 7, 1917, P. L. §88, Sec. 2, cl. 1¡. — Partition.</p> <p>4. Where a trustee has only a duty to convey a property, and no discretion in regard to its sale, he has not a power of sale within Section 2, clause (d) of the Revised Price Act of June 7, 1917, P. L. 388, and the court cannot thereunder order a sale because the eestuis que trust fail to agree in regard thereto.</p> <p>5. Nor is there any other provision in the act authorizing the trustee to invoke the jurisdiction of the court where the trust is passive at the time a petition is filed.</p> <p>6. In such cases the remedy of the eestuis que trust is by proceedings in partition.</p>