71 Pa. 368 | Pa. | 1872
The opinion of the court was delivered, by
It is undoubtedly true and has been so held by this court in Myers’s Appeal, 12 P. F. Smith 104, that no implication merely of a power in executors to sell will take a case out of the jurisdiction of the Orphans’ Court under the 12th section of the Act of February 24th 1834, Pamph. L. 73, which provides that “ all powers, authorities and directions relating to real
The determination of this point in favor of the power exercised by the executor renders unnecessary the consideration of any other question raised upon this record.
Judgment reversed, and a venire facias de novo awarded.