Power v. Grogan

Citations

• 232 Pa. 387
• 81 A. 416
• 1911 Pa. LEXIS 732

Syllabus

<p>Practice, O. C. — Equity powers — Appointment of Receivers — Decedents’ estates — Ejectment.</p> <p>1. Although the orphans’ court has been called a court of equity, in respect to the few subjects within its jurisdiction, the ancillary powers of such a court have not been given to it. It possesses neither general chancery powers nor direct statutory authority by virtue of which it can appoint receivers.</p> <p>2. The orphans’ court has no power to make an appointment of an administrator c. t. a. as receiver of the testator’s estate for the purpose of bringing an action of ejectment for certain real estate devised by the will to a life tenant with a limited power of alienation and conveyed by the latter to a third party in fee.</p> <p>Decedents’ estates — Executors and administrators — Administrator c. t. a. — Right to bring ejectment.</p> <p>3. Where the will of a decedent authorizes, empowers and directs his executor to sell, transfer and convey his real estate, the executor, by virtue of the operation of the Act of February 24, 1834, takes an estate in the land as fully as if it had been devised to him to be sold and may, therefore, maintain ejectment to recover the possession, and an administrator c. t. a. has all the rights that would have been possessed by the executor named in the will.</p> <p>Practice, C. P. — Amendments—Ejectment—Change of parties — Plaintiff suing in representative capacity.</p> <p>4. Although a change of parties which involves a change of the cause of action is not within the province of amendments they may be allowed when a change in the cause of action is not involved; and, in such instances, amendments may be permitted where the proper individual is on the record as plaintiff but is erroneously designated as to the capacity in which he has a right to sue.</p> <p>5. Where the statute of limitations does not prevent, an administrator c. t. a. with power to bring ejectment may be substituted as plaintiff in his representative capacity i