Stevenson v. Scott

Citations

• 188 Pa. 234
• 41 A. 533
• 1898 Pa. LEXIS 598

Syllabus

<p>Ejectment — Will—Right of possession.</p> <p>Where a testator does not direct a sale of his real estate so as to work an equitable conversion, but after giving comparatively large legacies to his children devises all the rest, residue and remainder of his estate to be divided share and share alike among his children, the children and those claiming under them are entitled to the possession of the real estate subject to any liens for debts or legacies, and they may maintain ejectmentto recover such possession.</p> <p>Ejectment — ¡Orphans' court record — Orphans' court sale — Evidence—Conditional verdict.</p> <p>In an action of ejectment to recover land in the possession of a person who had purchased it from an executor selling under an order of the orphans’ court for payment of debts, where the record of the orphans’ court shows a valid sale, but that all of the purchase money had not been paid, the court will direct a judgment for plaintiffs, to be vacated, however, if within a certain reasonable time named the defendant shall pay the balance of the purchase money, and exhibit a deed from the executor properly recorded.</p> <p>Orphans' court sale — Jurisdiciion-^-Private sale — Act of May 9, 1889.</p> <p>Under the Act of May 9, 1889, P. L. 182, the orphans’ court has jurisdiction to decree and confirm a private sale of real estate for the payment of debts. Smith’s Estate, ante, p. 222, followed.</p>