Myers v. Crick

Citations

• 271 Pa. 399
• 114 A. 255
• 1921 Pa. LEXIS 516

Syllabus

<p>Decedents’ estates — Orphans’ court sales — Price Act — Decree unappealed from — Collateral attach — Trusts and trustees — Restriction on sale — Will—Act <of June 7,1917.</p> <p>1. Orders of tribunals of competent jurisdiction, unappealed from, cannot be collaterally attacked in proceedings in other courts.</p> <p>2. A decree of the orphans’ court directing a sale of land under the Price Act of June 7, 1917, P. L. 388, unappealed from, cannot be attacked subsequently in a collateral proceeding in the common pleas.</p> <p>3. A decree directing such sale is a conclusive adjudication of everything necessarily considered and determined in reaching the conclusion.</p> <p>4. It seems that land given by a testator to a charity and directed never to be sold, may, under changed circumstances and under a proper decree, be sold in proceedings under the Price Act.</p>