McCaffrey v. Gibney

Citations

• 223 Pa. 368
• 72 A. 632
• 1909 Pa. LEXIS 542

Syllabus

<p>Orphans' court sales — Sale by guardian — -Mistake—Sale to bar contingent remainders — Correction of mistake.</p> <p>Where a guardian makes a private sale of real estate under an order of court on a mistaken belief of all parties that he could convey an absolute estate to the purchasers, the orphans’ court has jurisdiction, five years thereafter, when it is made to appear that there were contingent remainders and executory devises affecting the title, to direct a second sale by a trustee appointed by the court, to the same purchaser and for the same price, and to make conveyance of the real estate free and divested of all contingent remainders and executory devises, and to hold the proceeds for the purposes stated in the will of the decedent.</p>