Bailey's Estate
Supreme Court of Pennsylvania
Appeal, No. 139, Oct. T., 1922, by Fidelity Title & Trust Co., from decree of O. C. Allegheny Co., Feb. T., 1922, No. 375, dismissing petition for leave to sell real estate, in estate of Henry J. Bailey, deceased. Petition to sell real estate under Revised Price Act. The opinion of the Supreme Court states the facts. Petition dismissed in opinion by Trimble, J., Miller, P. J., dissenting. Fidelity Title & Trust Co., trustee, and Gertrude Bailey Tener, a legatee, appealed.
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Appeal, No. 139, Oct. T., 1922, by Fidelity Title & Trust Co., from decree of O. C. Allegheny Co., Feb. T., 1922, No. 375, dismissing petition for leave to sell real estate, in estate of Henry J. Bailey, deceased. Petition to sell real estate under Revised Price Act. The opinion of the Supreme Court states the facts. Petition dismissed in opinion by Trimble, J., Miller, P. J., dissenting. Fidelity Title & Trust Co., trustee, and Gertrude Bailey Tener, a legatee, appealed. Error assigned, inter alia, was decree, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
In determining whether the orphans’ court has jurisdiction to- order the sale of real estate on the petition of the trustee named in the will, it is necessary to ascertain whether the petitioner is in fact a trustee of the property. The trustee, acting under two wills and an article of agreement, petitioned the court to authorize a sale of real estate to effectuate-the purposes of the wills. The court below held the sale was a matter between living persons, denied its jurisdiction, and dismissed the petition.
Henry J. Bailey died the owner of considerable…
2Cases cited6 opinions
- Davidson, Exrx. v. BrightSupreme Court of Pennsylvania · 1920
- Lewis's EstateSupreme Court of Pennsylvania · 1921
- Reel's EstateSupreme Court of Pennsylvania · 1922
- Keim's EstateSupreme Court of Pennsylvania · 1902
- Severns's EstateSupreme Court of Pennsylvania · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Bailey's EstateSupreme Court of Pennsylvania · 1927
- Fidelity Title & Trust Co. v. GarlandSupreme Court of Pennsylvania · 1927
- Chase National Bank v. SchleussnerSupreme Court of Connecticut · 1933
- Lehigh University v. HowerSuperior Court of Pennsylvania · 1945
- Smith's EstateSupreme Court of Pennsylvania · 1934
7 more not listed; retrieve them via the Exa API.