Maier v. Henning

I dissent. The sale of the property at issue was fully authorized by Decedent’s will.

The Probate, Estate and Fiduciaries Code, 20 Pa.C.S. § 3351, which defines the power of an executor to sell specifically devised real property, imposes a requirement that the devisee join in the sale only under certain circumstances. The Code expressly applies only where the power of an executor to sell property has not been adequately defined in the will. The Code provides:

Except as otherwise provided by the will, if any, the personal representative may sell, at public or private sale, any personal property…