In re Estate of Rogers
Supreme Court of Pennsylvania
In re Estate of Rogers, 185 Pa. 428 (Pa. 1898)
39 A. 1109; 1898 Pa. LEXIS 735
Dean, Fell, Green, McCollum, Mitchell, Pee
In re Estate of Rogers
Opinion of the Court
Undoubtedly it was for the best interest of the estate of the decedent that the decree of sale of the property in question should be made. It is perfectly clear also that the power of sale conferred upon the executors and trustees by the will of the testator was amply sufficient to justify the sale by them. It em
Decree affirmed and appeal dismissed.
Reference
- Full Case Name
- In the Matter of the Estate of Charles H. Rogers, Appeal of Charles R. Rogers, Frank G. Rogers and William Rudolph Smith
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Will — Power of sale — Trusts and trustees. Testator after making provision for his family by life estates and bequests directed that the residue of his estate should be used in establishing a charitable institution, and directed that his mansion house should be used for that purpose. Owing to a great shrinkage in his estate his intent to found a charitable institution failed. By his will he gave to his executors and trustees power to sell “any or all of my real estate” when they should think it for the best interest and benefit of his estate. Certain of his children petitioned the orphans’ court to direct the trustees to sell the mansion house, which was an unproductive property, in order that the proceeds of the sale might be invested and the income therefrom distributed to testator’s children. Meld, that it was proper for the court to direct the trustees to sell the property.