Estate of John Vogle

Opinion by

Gawthrop, J.,

These appeals are by two legatees from a decree dismissing certain exceptions taken to the decree of distribution filed by the court below upon the audit of an executor’s third account. The fund for distribution is the proceeds of sales and rentals of real estate which the will directed to be sold and conveyed by the executor. The assignments of error raise three questions.

It appears that the executor brought a proceeding in the court of common pleas to quiet the title to a small tract of land belonging to the estate in order to enable him to sell it. He paid to each of…