Patchan Estate

FRANKS, J.,

The narrow issue here involved in this declaratory judgment action is whether the court may properly authorize the administrator to sell real estate of which decedent died seized for the payment of decedent’s debts. After consideration of the briefs of counsel and relevant legal authority, it is this court’s opinion that such a sale is not proper under the circumstances.

Since decedent died in 1933, the jurisdiction of the Orphans’ Court to direct a sale for the purpose stated must be found within the provisions of the Fiduciaries Act of June 7, 1917, P.L. 447, 20 P.S. §551. Section…