Bucher's Estate
Bucher's Estate
Opinion of the Court
A citation issued at the instance of the heirs-at-law of H. C. Bucher, deceased, to show cause why a private sale and conveyance of certain of his real estate, made by his widow, executrix, under power contained in his will, should not be set aside as null and void. The court below refused the desired relief and dismissed the citation. This appeal followed.
On March 17, 1923, Emma H. Bucher, executrix, and widow of testator, sold and conveyed at private sale to John J. Bollinger, an undivided one-sixth interest in the Hanover property mentioned in her husband’s will, this being the estate in that property of which he died possessed. Emma H. Bucher died on December 11,1924.
The court below, among other findings of fact, stated: “No actual fraud in the sale and conveyance of this interest in real estate by the executrix to her attorney is found, nor are the proven facts sufficient from which to infer actual fraud by the executrix to defeat the rights of the heirs of H. C. Bucher”; it, therefore, properly concluded that “the executrix was vested with full discretion to determine the price at which this real estate should be sold, and her sale cannot be set aside by the orphans’ court in the absence of actual fraud, or in the absence of such facts from which actual fraud can be inferred.” We find no error.
The order appealed from is affirmed.
Reference
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