Kiskaddon v. Dodds

Citations

• 21 Pa. Super. 351
• 1902 Pa. Super. LEXIS 357

Syllabus

<p>Decedent's estates — Sale of real estate — Payment of debts — Act of April 18, 1853, P. L. 503 {Price Act).</p> <p>The act of April 18, 1853 (Price Act), does not apply to a case where a petition is filed in the orphans1 court by an executor or an administrator for an order of sale for the payment of debts. Spencer v. Jennings, 114 Pa. 619 ; 123 Pa. 184, followed.</p> <p>Decedent's estates — Orphans' court sales — Act of March 29,1832, P. L. 190.</p> <p>Prior to the act of May 9, 1889, P. L. 182, proceedings in the orphans’ court, upon the petition of an executor or an administrator for an order of sale for the payment of debts were governed by the act of March 29, 1832, which act merely contemplated a public and not a private sale.</p> <p>' Where an administratrix under an order of the orphans’ court sells real estate, for the payment of debts, but the sale is not confirmed by reason of the inadequacy of price, and thereafter the administratrix under an order of court sells at private sale the real estate to the same bidder at an advanced price, and the record is not amended so as to make it appear that the purchaser had agreed to increase his bid, and that the court had then confirmed the sale as a public sale, it cannot afterwards be alleged that the sale was other than a private sale.</p> <p>Where land subject to a life estate in decedent’s widow, is sold for the payment of debts at a private sale, and the widow does not die until sixteen years after the sale, one of the remainder-men, who was a feme covert, and who at the time had knowledge of the sale, but no actual notice of the nature of the sale until several years thereafter, and who had no knowledge of improvements made by the purchaser, is not estopped from instituting a suit nineteen years after the sale by reason of her conduct. In such a case, however, the title of the purchaser is cured by the Act of April 4, 1901, P. L. 66.</p> <p>Decedent's estates — Orphans' court sales — Private sale for payme