Myers v. Crick
Myers v. Crick
Opinion of the Court
Opinion by
George Frey died in 1806, having made provision in his last will for the establishment of an orphans’ home, and its permanent maintenance. He devised considerable land to trustees for this purpose, and directed that no part of the estate should “ever [thereafter] be sold or in any manner severed from the orphan house, but that it [should] remain united thereto whole and undivided forever.” The building was in process of erection at the time of his death, but the-location was changed before its completion, and a different structure was built. Many years later the site of the building was again changed by authority of the Orphans’ Court of Dauphin County: Frey’s Estate, 2 Pearson 142. By special act of assembly and orders of court, portions of the land originally owned by the testator were leased on ground rent. One remaining tract is located in the Borough of Middletown, and severed from the orphans’ home as now placed. An application was made to the court for leave to sell it, and, after due and regular proceedings, a decree was made directing that it be divided into lots and disposed of; from the order so made no appeal was taken.
A purchaser of one of the tracts refused to accept the deed tendered and pay the purchase price, and this pro
This appeal cannot be sustained, however, for another reason. The order of the orphans’ court was made after full compliance with the requirements of the acts controlling such proceedings. Even if there be error in the procedure, protection is granted to purchasers (Price Act, June 7,1917, P. L. 388, section 8). A decree directing the sale is a conclusive adjudication of everything necessarily considered and determined in reaching the conclusion: Brock v. Steel Co., supra; Grubb v. Galloway, 203 Pa. 236. Unappealed from, the order made
The judgment is affirmed.
Reference
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- Syllabus
- Decedents’ estates — Orphans’ court sales — Price Act — Decree unappealed from — Collateral attach — Trusts and trustees — Restriction on sale — Will—Act 1. Orders of tribunals of competent jurisdiction, unappealed from, cannot be collaterally attacked in proceedings in other courts. 2. A decree of the orphans’ court directing a sale of land under the Price Act of June 7, 1917, P. L. 388, unappealed from, cannot be attacked subsequently in a collateral proceeding in the common pleas. 3. A decree directing such sale is a conclusive adjudication of everything necessarily considered and determined in reaching the conclusion. 4. It seems that land given by a testator to a charity and directed never to be sold, may, under changed circumstances and under a proper decree, be sold in proceedings under the Price Act.