Bell's Appeal

Citations

• 66 Pa. 498
• 1871 Pa. LEXIS 66

Syllabus

<p>1. Section 1 of Act of March 12th 1800 as to sale of real estate under a will when no person is named to execute the power, is not repealed by 12th section of Act of February 24th 1834.</p> <p>2. The Act of 1834 merely regulated the mode in which the power was to be executed.</p> <p>3. Section 8 of Act of April 22d 1856, does not repeal section 12 of Act of 1834.</p> <p>4. A testator directed his land to be sold and the proceeds to be divided amongst three daughters, naming no one to execute the power. The executor having become the owner of two shares, sold the whole at private sale. Held, that this did not divest the interest of the third.</p> <p>5. Not having obtained authority from the Orphans' Court, his vendee took no title to the third share, either in the land or its proceeds.</p> <p>6. It seems that if he had reported the sale to the Orphans' Court and it had been confirmed after notice to all in interest, it would have validated the sale.</p>