Hemphill v. Pry

Citations

• 183 Pa. 593
• 41 W.N.C. 297
• 38 A. 1020
• 1898 Pa. LEXIS 1082

Syllabus

<p>Decedents' estates — Sale of mortgage of real estate — Notice to ividow and heirs.</p> <p>Although the statute relating to the sale and mortgage of decedents’ estates for the payments of debts does not require notice to the widow or heirs or devisees, yet the orphans’ court as a court of equity will direct that proper notice shall be given, and an opportunity for hearing be afforded, when the lapse of time or other circumstances in the case raise a reasonable presumption that other rights may have intervened.</p> <p>Decedents' estates — Will—Potoer of sale — Mortgage—Minors.</p> <p>Testator by his will gave to his executors a power to sell for the general purposes of the will, but expressly limited the power to live years. In his lifetime testator had executed certain promissory notes, and after his death interest had been paid upon the notes by the executor with the assent of the widow and heirs. Two of the heirs, however, were minors without a guardian, and after their majority they conveyed their interests to another person. Nine years after decedent’s death, and after the conveyance of the minors’ interests, the orphans’ court directed that the real estate of the testator should be mortgaged to secure the payment of the notes. There was evidence that some of the interest paid upon the notes was within six years of the date of the mortgage. Held, that while the mortgage was valid against parties assenting to the payment of interest, it was invalid as to the minors, because they had no power to assent, and it was therefore invalid as to their grantee.</p>