Hamilton's Estate
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Allegheny county, in the matter of the sale of the real estate of Samuel W. Hamilton, deceased.
Read the full summary
Appeal from the decree of the Orphans’ Court of Allegheny county, in the matter of the sale of the real estate of Samuel W. Hamilton, deceased. The land.of Samuel W. Hamilton, deceased, in proceedings in partition in the Orphans’ Court, was appraised at $300 per acre, and after refusal by the heirs, was exposed to sale by the administrators, and struck down to Hays, the appellant, at $169.75 per acre, amounting to $24,825.93. After the sale and before its return to the court, Mr. Miller, of counsel with the administrators in conducting the proceedings, offered, if the sale were set aside, to…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
— This appeal is founded upon a misapprehension of the relations between the parties. Heirs of a decedent, when parties to a proceeding for partition in the Orphans’ Court, stand in no relation of trust or confidence to the bidders at the Orphans’ Court sale, and even the highest bidder, whose bid has been returned to the court as the best offered, has acquired no right which debars the heirs or their counsel from endeavouring to have his bid rejected and a resale ordered. It is their right to have as much obtained for the property as can…
2Cited by8 opinions
- Baton Coal Company AppealSupreme Court of Pennsylvania · 1950
- Herbert EstateSupreme Court of Pennsylvania · 1947
- Fricke's EstateSuperior Court of Pennsylvania · 1901
- Brittain's EstateSuperior Court of Pennsylvania · 1905
- Greenough v. SmallSupreme Court of Pennsylvania · 1890
3 more not listed; retrieve them via the Exa API.