Bowers's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Perry county: Of May Term 1877, No. 212. Appeal of Alice Bowers from the decree of the court refusing to set aside the sale of the real estate of her father, Finley Bowers, deceased. Tbe personal estate of the decedent, amounting to $700, by appraisement, being insufficient to pay his debts, which amounted to $2515.28, his administrator petitioned the Orphans’ Court for an order to sell the real estate.
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Appeal from the Orphans’ Court of Perry county: Of May Term 1877, No. 212. Appeal of Alice Bowers from the decree of the court refusing to set aside the sale of the real estate of her father, Finley Bowers, deceased. Tbe personal estate of the decedent, amounting to $700, by appraisement, being insufficient to pay his debts, which amounted to $2515.28, his administrator petitioned the Orphans’ Court for an order to sell the real estate. The court made the order to sell but no sale could be effected for want of purchasers until upon the third pluries order, when it was sold to the highest…
1Opinion of the CourtJustice Paxson
The power of the Orphans’ Court to set aside a sale of real estate made in pursuance of its own order, for inadequacy of price, is well settled. It is frequently done when security is offered that the property will bring a higher price at a re-sale. This power has been recognised by this court in Hays’s Appeal, 1 P. F. Smith 58; Brown’s Appeal, 18 Id. 53. It by no means follows, however, that because the power exists, it is to be exercised in all cases. It is a matter that rests in the sound discretion of the Orphans’ Court. As a general rule this court will not review an exercise of…
2Cited by8 opinions
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