Schnebly's Estate

Citations

• 249 Pa. 208
• 94 A. 827
• 1915 Pa. LEXIS 701

Syllabus

<p>Decedents’ estates—Wills—Power to sell realty—Fraudulent sale—Petition to set aside—Jurisdiction, O. G.—Laches.</p> <p>1. The Orphans’ Court had jurisdiction of a petition to set aside a sale made by a deceased executor to his wife, also deceased, where the estates of both and all parties having any interest in the property were before the court.</p> <p>2. Where a testatrix by her will gave her husband and executor power to sell any part of her real estate “at any time he may think it to the best interest of my estate, and convey the same in fee simple, but the proceeds shall be reinvested in good real estate securities, on like trusts,” she gave him full power to make- a bona fide sale of .it, but not to sell to himself as vendee at private sale, for an inadequate price, or what is the same thing, to sell to a second wife for less than its real value.</p> <p>3. In such case the fact that the legatees and devisees who were entitled to the realty did not file the petition until seven years after the sale is immaterial, where it appeared that the proceeding was instituted promptly after the death of the husband, prior to which time petitioners had no right to the possession or enjoyment of the property.</p>