Brock v. Pennsylvania Steel Co.

Citations

• 203 Pa. 249
• 52 A. 190
• 1902 Pa. LEXIS 699

Syllabus

<p>Orphans' court sale — Trust and trustees — Act of April 18, 1853, P. L. 503.</p> <p>The orphans’ court has jurisdiction under the Act of April 18, 1853, P. L. 503, to order the sale of an iron ore mine held by trustees under a testamentary trust, where it appears that the mine is diminishing in value under present conditions with a comparative unproductiveness in the not remote future, and that the sale is for the interest and advantage of all interested in the property; and this is the case, although the testator forbade his trustees to sell more than one fifth of his mining estate.</p> <p>Orphans' court sale — Decree.</p> <p>A decree of the orphans’ court directing a sale is a conclusive adjudication of everything necessarily considered and determined in reaching the conclusion. It is not essential to its validity that there should be a formal finding of the facts, which are the .basis of it, although it is the better practice to do so.</p>