7 Pa. 48 | Pa. | 1847
The defendant objects to the recovery of the plaintiff because of an alleged defect of title in Christine Henderson, the vendor. The objections are two-fold: first, to the title of Alexander Henderson, through whom the vendor claims ; and, secondly, to the decree of the Orphans’ Court vesting the property in the widow of the intestate.
The law has wisely forbidden a trustee, administrator, or executor, to act in the double capacity of seller and buyer. The transaction is a legal fraud. But a deed in such case is not absolutely void; and, therefore, no party to the deed, or others claiming under him, are allowed to repudiate it; neither can strangers avail themselves of such an objection. It is voidable only by the cestui que trust and heirs. Nor can the administrator purchase by a third person with a view of having the conveyance after-wards made to himself. The principles are well settled, and, if it appeared that McClurg purchased for Henderson, it would be such a defect in the title as would avail the defendant. But this nowhere appears in the special verdict, nor can we infer it. For aught that we know, the purchase of McClurg was Iona fide for himself, without any fraud or collusion with Henderson. Besides, the heirs of William Hamilton, who alone can avoid the sale, have affirmed it by suit against Christine Henderson in her lifetime, as surviving administrator of William Hamilton, and also against the executors of John Millegan, deceased, administrator of William Hamilton. There is nothing, therefore, in this point.
But, it is said, the title is defective because of the decree ; that the several acts of Assembly give no power to the Orphans’ Court to decree the real estate of an intestate to the widow, and that the decree is void. This proposition resolves itself into two points, each of which I will proceed briefly to examine.
The vendor contends, that under an equitable construction given to the acts, the Orphans’ Court may decree the estate to the husband of one of the heirs, or to an alienee of one of the children. And for these positions he relies on Johnson v. Matson, 1 Penna. Rep. 371, and Ragan’s Estate, 7 Watts, 441, where these points are expressly decided. But under the act of the 29tlj March, 1832, no room is left for an equitable construction, so as to bring
And this brings mo to the next and most material point presented in the special verdict, viz.: Was the decree of the Orphans’ Court
Judgment affirmed.