Estate of Freeman

Citations

• 181 Pa. 405
• 37 A. 591
• 1897 Pa. LEXIS 560

Syllabus

<p>[Marked to be reported.]</p> <p>Decedents' estates — Tenants in common — Sale of real estate — Long term, lease — Act of April 18, 1858, sec. 2 — Constitutional law.</p> <p>Section 2 of the Act of April 18, 1853, P. L. 503, known as the Price Act, authorizing the orphans’ court to decree a sale where property is held intrust and “ one or more persons required to consent. . . . unreasonably withhold consent,” is not unconstitutional, as it does not defeat or interfere with the individual rights of property differently and further than any other mode of changing the rights of joint owners to severalty, or regulating the management until that is done.</p> <p>Testator by his will gave his trustee power to make sale of all or any part of his real estate at its discretion, but directed that no such sale should be made without the consent in writing of the several cestuis que trustent. He also gave the trustee power to make leases from time to time of the real estate, and to collect, demand and receive the rents, income and proceeds thereof. Among the real estate were several lots and buildings thereon, in the business part of a city. The buildings had been formerly residences, and the main value of the prox^erty was in the land. The trustee proposed to execute an improvement lease for fifty years which would at once double the net revenue from the property with an increase in the future. The owners of a one sixth interest opposed the lease. In proceedings under the Price Act the orphans’ court authorized the trustee to execute the lease. Held, (1) that it was not error for the court below to treat the lease as practically amounting to a sale; (2) that the objection by the owners of one sixth interest was unreasonable within the meaning of section 2 of the Act of April 18,1853, P. L.</p> <p>503 ; (3) that the orphan’s court had jurisdiction to make the decree authorizing the lease.</p>