Maier v. Henning

JOHNSON, Judge:

This is a consolidated appeal from summary judgment which the Orphans’ Court Division of the Court of Common *412Pleas of Carbon County granted in a declaratory judgment action.

We are asked to determine whether a general power of sale clause contained in a will may override an express limitation upon sale found in the Probate, Estates and Fiduciaries Code1 (the Code). We are also asked to determine whether the failure to object to a petition to sell real estate at private sale may constitute a statutory joinder on the part of a specific devisee under a will. Since we find the…