Connor v. Gibbons

Citations

• 228 Pa. 617
• 77 A. 1009
• 1910 Pa. LEXIS 535

Syllabus

<p>Decedent’s estate — Real estate — Executors and administrators — Purchase at sheriff’s sale — Jurisdiction, O. C. — Res adjudicata.</p> <p>1. Where lands of an estate are bought in at a sheriff’s sale under a mortgage for an alleged inadequate price, by one who is an executor and legatee under the will, an adjudication by the orphans’ court on distribution of the estate surcharging an executor for not properly protecting the estate in the sale, and recognizing the validity of the sale, is final, whether the jurisdiction of the orphans’ court is exclusive in such case or not. The validity of such a sale cannot be subsequently attacked by a bill in equity filed by the heirs against the executor.</p> <p>Executors — Property of estate — Right of executor to become purchaser.</p> <p>2. An executor and legatee is not necessarily precluded from buying in lands of the estate sold on foreclosure proceedings, if there is no bad faith, and if he has no money or property of the estate in his hands, to avert the sale, and has used no portion of the estate for the purpose of acquiring the property.</p>