Reynold's Estate
Supreme Court of Pennsylvania
Appeal, No. 180, Jan. T., 1899, by Byron Carpenter, from decree O. C. Wyoming Co., refusing to set aside orphans’ court sale of real estate. Petition to set aside orphans’ court sale.
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Appeal, No. 180, Jan. T., 1899, by Byron Carpenter, from decree O. C. Wyoming Co., refusing to set aside orphans’ court sale of real estate. Petition to set aside orphans’ court sale. The facts appear by the opinion of Dunham, P. J., which was as follows: This is an application upon the part of Byron Carpenter, the purchaser of the real estate of Philetus H. Reynolds, deceased, sold by Charles Gardner, executor, etc.,'by order of the orphans’ court of Wyoming county, to pay debts, to set aside the sale and allow him to reconvey the land purchased by him. From the record and files in the case…
1Opinion of the Court
Opinion by
Mb. Justice Fell,
The orphans’ court has jurisdiction to decree the sale of the real estate of a decedent to pay the expenses of the administration of his estate. Such expenses are not debts of the decedent, and the law limiting the lien of his debts does not apply to them, and a sale for their payment may be decreed after the expiration of the lien of the debts of a decedent: Cobaugh’s Appeal, 24 Pa. 143; Dommy’s Appeal, 43 Pa. 155. The decree of the court was conclusive of the fact that there was a balance due the executor. Indeed, this is not controverted, but it is claimed that…
2Cases cited3 opinions
- Demmy's AppealSupreme Court of Pennsylvania · 1862
- Finney's AppealSupreme Court of Pennsylvania · 1886
- Cobaugh's AppealSupreme Court of Pennsylvania · 1854
3Cited by8 opinions
- Farber's EstateSuperior Court of Pennsylvania · 1918
- Estate of BerrettaSupreme Court of Pennsylvania · 1981
- United States v. Wyoming National Bank of Wilkes-BarreSupreme Court of Pennsylvania · 1981
- Beyer v. KeylorSuperior Court of Pennsylvania · 1911
- Ostheimer's EstatePennsylvania Orphans' Court, Erie County · 1936
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