Spencer v. Jennings

Citations

• 123 Pa. 184
• 16 A. 426
• 1889 Pa. LEXIS 643

Syllabus

<p>1. Jurisdiction to order the sale or mortgage of the real estate of a decedent, wherever situate, upon the petition of an executor or administrator for the payment of debts, whether liens of record or not of record, is exclusively in the Orphans’ Court of the decedent’s domicil: §§ 31-34, act of March 29, 1832, P. L. 198; § 20, act of February 24, 1834, P. L. 76. •</p> <p>2. Neither the Orphans’ Court of the decedent’s domicil, nor that of another county where his real estate is situate, has jurisdiction to order the sale or mortgage of the real estate of a decedent, under the act of April 18, 1858, P. L. 508, upon the petition of an executor or administrator showing that minors are interested therein and that it is subject to the lion of debts not oí record.*</p> <p>3. One tenant in common of a fee simple estate, which is unaffected by entailment, limitation by way of contingent remainder or executory devise or restriction to any particular use, cannot compel another to a sale of the entire title, because an undivided interest is held by a minor or because the whole is subject to the lien of debts not of record.</p> <p>4. A mortgage upon a decedent’s real estate lying in Allegheny county, executed under the order of the Orphans’ Court of said county, upon the petition of the administratrix of a decedent domiciled in Butler county showing that minors are interested in the land and that it is subject to the lien of debts not of record, is without lawful authority and void: Grenawalt’s App., 37 Pa. 95; Hower’s App., 55 Pa. 837, distinguished.</p>