Smith's Estate

Citations

• 207 Pa. 604
• 57 A. 37
• 1904 Pa. LEXIS 528

Syllabus

<p>Orphans' court sale—Price Act—Act of April 18,1853, P. L. 503—Consti-tutional law—Contingent remainders.</p> <p>The legislature has the power to order the sale of a decedent’s real estate against the will of parties in interest sui juris, so as to divest contingent remainders and executory devises, and the Act of April 18, 1853, P. L. 503, is therefore constitutional. Grenawalt’s Appeal, 37 Pa. 95, and Freeman’s Estate, 181 Pa. 405, followed.</p> <p>The Supreme Court will not reverse an order of the orphans’ court directing a sale of real estate under the Price Act where it appears that the property was heavily encumbered, that if rentals should fall off or taxes be increased, the property would be in serious peril, and that the three orphan’s court judges who were familiar with the property and who heard the testimony had, after full consideration, determined that it was to the best interests of all parties concerned that the sale should be consummated at the price offered.</p>