This case is an appeal by Joseph Heit, a beneficiary under the will of Ray Ash. We quash this matter.
Ray Ash died testate. His will made several specific cash bequests. It also directed that Ash’s remaining personal and real property be sold with the proceeds being divided among three residual beneficiaries — namely, Appellant, James Heit (Appellant’s brother) and Duane Fetter. The will devised no realty. Appellant was named as executor.
By deed dated November 4, 2010, Appellant, as executor, conveyed to himself, as an individual, a certain tract of land (“Tract 1”) formerly owned by Ash. The conveyance apparently arose in connection with a purported agreement of sale Appellant claimed to have entered, perhaps orally, with Ash prior to his death.
On January 27, 2012, the Orphans’ Court set aside the sale of Tract 1, directed the recorder of deeds to void the aforesaid deed in the absence of any appeal within thirty days by Appellant, removed Appellant as executor, and appointed an administratrix.
At some point, Duane Fetter expressed an interest in buying Tract 1 along with two adjoining tracts. More precisely, it appears he had entered an agreement to purchase one of the adjoining tracts (“Tract 2”) before Ash’s death and, after Ash’s death, advised the administratrix that he (Fetter) would be willing to buy Tract 1, Tract 2 and the third tract. Apparently, the administratrix intended to sell all the three tracts to Fetter.
In May 2012, Appellant filed a document he titled “Petition to Force Sale of Real Estate.” Therein, he indicated his continued willingness to buy Tract 1. He also indicated his belief that Tract 1 would be landlocked unless an easement was granted over Tract 2. Appellant represented in his petition that he would be willing to pay one price for Tract 1 without the aforesaid easement and a higher price for Tract 1 if the easement was in place. He concluded by asking the court to direct the adminis-tratrix to grant the aforesaid easement over Tract 2. He also asked the court to halt the sale of Tract 1 until the disputes among the parties regarding the sale of Tract 1 were resolved.
The administratrix took the position that selling all three tracts to Fetter would yield the appraised value on the two adjoining tracts and slightly more than the appraised value on Tract 1.
On January 16, 2013, the court entered an order denying Appellant’s petition and authorizing the administratrix to enter into a sale agreement for the sale of all three tracts to Fetter. Appellant filed this appeal in which he argues the court abused its discretion by not requiring the adminis-tratrix to place Tract 1 for sale at a public auction. Appellant contends selling the property at auction would garner more than $130,000.00 and would thereby benefit the estate beneficiaries, including himself.
In the case of In re Estate of Stricker,
The order on appeal before us authorizes the administratrix to sell real estate formerly belonging to the decedent in order to accomplish the eventual division of the estate assets (ie., the sale proceeds) among the beneficiaries as directed by Ash’s will. Pursuant to Strieker, we conclude this order is neither final nor collateral but, instead, is interlocutory. We note also that the instant interlocutory order is not listed as being appealable by right under Pa.R.A.P. 311, and Appellant did not secure permission to file this interlocutory appeal under Pa.R.A.P. 312. Because the order is not appealable, we lack jurisdiction to address the merits of Appellant’s claims. In re Estate of Allen,
In reaching our result, we are mindful that the Rules of Appellate Procedure addressing the appealability of Orphans’ Court orders have changed somewhat since Strieker was decided. At the time of Stricker, Pa.R.A.P. 342 indicated, inter alia, that an order determining an interest in realty would be immediately appeal-able upon a determination of finality by an Orphans’ Court. Effective February 13, 2012, the Supreme Court deleted from Rule 342 the provision concerning the ability of an Orphans’ Court to make determinations of finality and, instead, listed various orders that would be immediately appealable. See Pa.R.A.P. 342(a). Among the orders listed in Rule 342 is an order determining an interest in real property. Pa.R.A.P. 342(a)(6).
We do not believe the order before us is one of the appealable orders set forth by Rule 342, whether in Subsection (6) or otherwise. Consequently, we do not believe Subsection (6) and/or any other post Strieker change(s) to Rule 342 negate
In conclusion, Strieker dictates that we quash this appeal because the order before us is not appealable and because we therefore lack jurisdiction to address the merits of Appellant’s arguments.
Appeal quashed.
Notes
. While the order appointed an administra-trix, a more accurate appointment after the executor was removed in this case would have been an administratrix d.b.n.c.t.a. See 20 Pa.C.S.A. § 3159.
. The petition itself did not specifically ask the court to direct the sale of Tract 1 to Appellant, though Appellant sought that relief at the hearing on his petition. Appellant also suggested at the hearing that the administra-trix could place Tract 1 for sale at a public auction rather than proceeding with the planned sale to Fetter.
.The appraised value on Tract 1 with the easement on Tract 2 was $128,000.00. Fetter offered to pay $130,000.00 for Tract 1. Appellant offered $130,000.00 for Tract 1 if the easement was granted and $90,000.00 without the easement.
. The court's order of January 27, 2012, evidently determined the ownership interest of Tract 1 in that the court's decision voided the deed that was recorded to reflect the sale from the estate to Appellant. That order is not on appeal before us.
. We also recognize the comment to current Pa.R.A.P. 342 references Justice Saylor’s concurrence in Strieker wherein he expressed concern that the final resolution of otherwise interim disputes could sometimes aid the administration of estates. See Stricker,
