Estate of Markle

Citations

• 182 Pa. 393
• 38 A. 620
• 1897 Pa. LEXIS 823

Syllabus

<p>Decedents' estates — Sale of personal property.</p> <p>An order of tbe orphans’ court directed that certain portions of testator’s interest in a partnership should be sold to certain of the trustees appointed by the will. After the sale the purchasers formed a new partnership to carry on the business. Five years afterwards one of the purchasers assigned to his sister a portion of his interest in the new partnership as security for a loan, and subsequently, upon default, the sister purchased the interest at a public sale. The orphans’ court had imposed no lien or charge upon the brother’s interest in the new firm, but subsequently, when it appeared that his interest in the estate was insufficient to pay for the interest which he had bought, it entered a decree directing that the deficiency should be made good by the sister who had bought the interest in the new firm. Held, that as there was no lien imposed by the original decree, and as his sister was an innocent purchaser for value, the decree of the orphans’ court, entered five years after the original decree, was improper and invalid.</p>