Schenck v. Clyde

Citations

• 53 Pa. Super. 652
• 1913 Pa. Super. LEXIS 234

Syllabus

<p>Wills — Power of sale — Executors and administrators — Administrator d. b. n. c. t. a.</p> <p>1. An administrator d. b. n. c. t. a. appointed eleven years after the death of testatrix, cannot execute a legal deed for the conveyance of real estate of the decedent without notice to devisees, where it appears that the will simply gave the executor power to sell “any or all real estate for the payment of the debts or for any other purpose,” that there were no debts, and that the will created no trust, the administration of which required a sale.</p> <p>2. A purchaser from a donee of a power is always bound to see that the power on which he relies actually exists and is being lawfully exercised.</p>