DeArmit v. Milnor

Citations

• 20 Pa. Super. 369
• 1902 Pa. Super. LEXIS 241

Syllabus

<p>Guardian and ward — Sale of real estate — Agreement to pay commissions Fraud.</p> <p>In the absence of specific provisions in the instrument creating the trust, a guardian has no power to sell the real estate of a minor without the approval of the orphans’ court, nor to enter into a contract to pay commissions for effecting such a sale without such approval.</p> <p>Where a guardian contracts to pay commissions on the sale of the ward’s real estate, and partition proceedings are resorted to for the purpose of effecting the sale, and in that manner securing the approval of the orphans’ court, the agents with whom the agreement was made for the payment of commissions, cannot recover such commissions where it appears tiiat one of the agents, acting for his firm, was guilty of bad faith in attempting to depress the price of the property at the sale.</p>