Walcott v. Boyle

Dalton, J.,

Does a court of common pleas, sitting in equity, have jurisdiction to compel *373specific performance of a personal representative’s agreement to sell real estate of a decedent, or to restrain the personal representative from carrying out his agreement to sell the same property to a third person, where the personal representative’s power of sale is derived exclusively from the Fiduciaries Act of April 18, 1949, P. L. 512, sec. 541, 20 PS § 320.541? That is the question now before us.

Plaintiff, John Walcott, has filed a bill in equity in which he alleges that defendant, Fred Trachte,…