Penn State Law Review Volume 1

Penn State Law Review Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ... much of the sale of N o. 5, as of that of the other four tracts. Was the ownership of No. 5 also carried out of Isaac Ford, the heir, to Isaiah Remington, the vendee? That the sale of N o. 5 was not asked for and authorized previously to the confirmation, does not invalidate it. Of a sale which the Orphans' Court could have authorized, its subsequent ratification will be equivalent to the previous authorization. Mussleman's Appeal, 65 Pa. 480; Bell's Appeal, 71 Pa. 465. "In all cases wherein any of the courts of this Commonwealth might have authorized any sale and such sale may have been made without the leave of such court, it shall be lawful for such court, if approving of such sale, toapprove, ratify and confirm the same, with the same effect as if such decree had preceded such sale." 2 Purd. 1834; 2P. & L. 4058. But, whatever facts must appear to the court in order to validate its order to sell, and its subsequent confirmation of the sale, must appear to it in order to validate a confirmation of a sale not previously directed. An oral statement by an administrator that he had, because he thought it wise, sold the decedent's land, would not support a confirmation. There must be a written report of the fact of sale; there must be a written statement to the court of the same facts whose averment would have been necessary to found an order to sell. It does not distinctly appear what was slated by the administrator in the return of the sale. We must assume that he stated the facts. He then averred that the debts had been $42,000; that the personal fund was $1,900; that, on the order already obtained, he had sold four tracts, and that the proceeds of their sale was $43,139. In short, he must have...show more

Product details

  • Paperback
  • 189 x 246 x 6mm | 209g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236841778
  • 9781236841773