Supreme Court of Pennsylvania, 1894

Arble's Estate

Arble's Estate
Supreme Court of Pennsylvania · Decided April 30, 1894 · Fell, Green, McCollum, Sterrbtt, Williams
161 Pa. 373; 29 A. 32; 1894 Pa. LEXIS 700

Arble's Estate

Opinion of the Court

Per Curiam,

The sole subject of complaint in this case is the appointment of Jacob C. Arble, administrator of- George Arble, deceased, trustee to sell the real estate of said decedent under the order of sale in partition. In partition proceedings in the orphans’ court, if there are either executors or administrators of the decedent whose real estate is to be sold, it is clearly the duty of the court, in the first instance, under the act of 1834, to appoint them to execute the order of sale. There was nothing in the circumstances of this case to require the court to depart from the plain provisions of the act. •

Neither of the specifications of error is sustained.

Decree affirmed and appeal dismissed with costs to be paid by appellants.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.