Eisenbrown v. Burns

Citations

• 30 Pa. Super. 46
• 1906 Pa. Super. LEXIS 10

Syllabus

<p>Will — Devise—Power of sale — Real estate.</p> <p>Testator directed that his executors should permit his niece to continue to occupy a residence “free of charge, so long as same may remain in its present condition, and the property of my estate.” He gave to his executors full power to sell all or any part of his real estate, “either at public or private sale, as they shall deem best, and for such price or prices, and upon such terms and conditions as in their judgment may be deemed advisable,” free of all liability on the part of the purchaser to see to the application of the purchase money. The executors sold the residence occupied by the niece, and the purchaser brought an ejectment against the niece to recover possession. Held, (1) that the plaintiff was entitled to recover possession of the premises: (2) that the plaintiff was not required to show that the sale of the premises was necessary to cany out the provisions of the will; (3) that one of the two executors who had joined in the deed should not be permitted to contradict the deed, and deny his authority to execute it.</p>