183 Pa. 593 | Pa. | 1898
Opinion by
The practice of orphans’ courts in ordering sales or mortgage of the real estate of decedents for payment of debts, years after •death and after the usual statutory period of limitations has run, appears to have become very loose, and is in need of revision and greater caution for the preservation of the rights of heirs and devisees. The learned court below in their opinion on the question reserved at the first trial, expressed the very proper view that the better practice would be to have all the jurisdictional facts appear at large on the petition for the order of sale. But even this is not always enough. The statute unfortunately does not require notice to the widow and heirs or devisees, as it ought to do, but the orphans’ court is a court of equity, and when the lapse of time or other circumstances in the case raise a reasonable presumption that other rights may have intervened, it is always the duty of a chancellor, even of his own motion, to be satisfied that such rights shall not be prejudiced without notice and an opportunity of hearing. In the absence of such opportunity the proceedings will be closely scanned to see that they conform strictly in all respects to the law.
In the present case the order to mortgage was made nearly nine years after decedent’s death, and more than six years after the notes which it was to secure had become due. Prima facie, therefore, the notes were barred by the statute of limitations, and their statutory lien as debts of the decedent upon his real estate had expired. This was the situation when the appellant, W. H. Fredericks, purchased the interest of two of the heirs.
■ Judgment reversed as to appellant, W. H. Fredericks.