Brittain's Estate

Citations

• 28 Pa. Super. 144
• 1905 Pa. Super. LEXIS 152

Syllabus

<p>Orphans’ court — Jurisdiction—Sale of real estate — Setting aside sale— Executors and administrators.</p> <p>The orphans’ court has plenary power in controlling the settlement and distribution of the estates of decedents testate or intestate, and in determining all questions arising therein.</p> <p>A sale of land by order of the orphans’ court whether for payment of debts, in partition, or under the Act of April 18, 1853, P. L. 503, is a sale by the court, through an agent, an executor, administrator, guardian or trustee. The purchaser’s offer to the court, provisionally accepted by the agent, is in law but an offer to the court, and the sale is not complete until the court has signified acceptance by confirming the sale. Until such confirmation, the court may decline the offer, and direct a resale, if this is required by justice or by the interests of the estate.</p> <p>A sale under a testamentary power, while not primarily requiring confirmation by the orphans’ court, is subject in like manner to its supervision and control.</p> <p>No person acting in a fiduciary character can purchase at his own sale, directly or indirectly, or acquire by purchase any interest in the trust estate, without the consent of the beneficiary or others interested therein, or of the court having jurisdiction of the trust, or unless, if selling under a power, he is by its terms permitted to purchase.</p> <p>As a general rule it is too late to make objections to a sale by order of the orphans' court after confirmation, payment of purchase money and delivery of deed. Yet there are exceptions to this rule; and the cóúrt may, when equity requires it, review its adjudication and revoke the confirmation.</p> <p>A petition to set aside a sale of land which an executor had bought at his own sale will not be dismissed because another beneficiary had filed exceptions to the executor’s account for the purpose of surcharging him with the profits of the sale, nor because such exceptant had joined i