Connor v. Gibbons
Connor v. Gibbons
Opinion of the Court
Opinion by
The bill in this case was filed to compel a conveyance to an estate of two parcels of real estate purchased by defendant at a sheriff’s sale. At the time of the sale the purchaser was an executor of the estate and one of four joint residuary legatees. One parcel formed part of the residuary estate and the other had been mortgaged with the former to secure the joint and several bond of théir respective owners. The sale was on a foreclosure of the mortgage and the allegation is that the appellee purchased for less than value. It is not necessary to discuss in detail the many questions raised by this complicated record. We agree with the conclusion reached by the learned court below upon the record as presented. Whether in every such case the orphans’ court has exclusive jurisdiction to deal with subject-matter such as is
Decree affirmed at cost of appellants.
Reference
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Decedent’s estate — Real estate — Executors and administrators — Purchase at sheriff’s sale — Jurisdiction, O. C. — Res adjudicata. 1. Where lands of an estate are bought in at a sheriff’s sale under a mortgage for an alleged inadequate price, by one who is an executor and legatee under the will, an adjudication by the orphans’ court on distribution of the estate surcharging an executor for not properly protecting the estate in the sale, and recognizing the validity of the sale, is final, whether the jurisdiction of the orphans’ court is exclusive in such case or not. The validity of such a sale cannot be subsequently attacked by a bill in equity filed by the heirs against the executor. Executors — Property of estate — Right of executor to become purchaser. 2. An executor and legatee is not necessarily precluded from buying in lands of the estate sold on foreclosure proceedings, if there is no bad faith, and if he has no money or property of the estate in his hands, to avert the sale, and has used no portion of the estate for the purpose of acquiring the property.