Moorhead v. Wolff

Citations

• 123 Pa. 365
• 16 A. 520
• 1889 Pa. LEXIS 661

Syllabus

<p>(a.) The petition of a testamentary trustee, for the sale of real estate under the act of April 18, 1853, P. L. 503, set forth that the propery was unproductive and a charge to the estate; that there were certain contingent remainders therein created by the will (a copy of which was attached) affecting the marketable value of it, etc., with sufficient reasons for a private sale.</p> <p>(b.) The land was subject to the lien of a mortgage made in the decedent’s lifetime, and of two judgments entered against beneficiaries after her death, neither of which liens was provided for in the order of sale granted, or in the private sale made in accordance therewith.</p> <p>1. In such case, the Orphans’ Court to which the petition was presented had jurisdiction to grant the order for a private sale; the contingent interests to be barred thereby could be amply secured by proper orders respecting the purchase money, under § 6 of the act; the rights of the purchaser could be fully protected by proper orders to the trustee for the discharge of said liens, and the contract of sale was enforceable.</p>