Bell's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Oumberland county: No. 28, to May Term 1872. The proceeding in this case was for a decree for the specific performance by James D. Bell of a contract with John Mussleman, executor, &c., of Samuel Mussleman, deceased, for the purchase of the real estate of the decedent, ordered by his will to be sold.
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Appeal from the decree of the Orphans’ Court of Oumberland county: No. 28, to May Term 1872. The proceeding in this case was for a decree for the specific performance by James D. Bell of a contract with John Mussleman, executor, &c., of Samuel Mussleman, deceased, for the purchase of the real estate of the decedent, ordered by his will to be sold. A similar application had been made by the executor in the Common Pleas and a decree refused for want of jurisdiction; the decree of the Common Pleas was affirmed by the Supreme Court. The case is reported in 15 P. F. Smith 480, as Mussleman’s…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
When this case was here on a former appeal the question of specific performance was not directly before us. It was then a bill in equity in the Common Pleas for specific performance of a sale of real estate made by the executor of Samuel Mussleman’s will, under a power to sell real estate given by the will to no person by name or description. The executor had made the sale without any previous order or direction of the Orphans’ Court, and we held that the supervisory jurisdiction of the Orphans’ Court, under the 12th section of the Act of…
2Cases cited1 opinion
- Estate of TilghmanSupreme Court of Pennsylvania · 1839
3Cited by4 opinions
- Watts's EstateSupreme Court of Pennsylvania · 1893
- Estate of ReighardSupreme Court of Pennsylvania · 1899
- Schmehl v. MellingerSupreme Court of Pennsylvania · 1937
- Walcott v. Boyle, Pennsylvania Court of Common Pleas, Schuylkill County1951