A Treatise On the Price Act Relating to Real Estate in Pennsylvania Act April 1
A Treatise On the Price Act Relating to Real Estate in Pennsylvania Act April 1
Roland R Roland Roberts Foulke
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9 does not survive, and when one dies without the consent having been given, it cannot ever thereafter be exercised, Kling v. Hummer, 2 P. & W. 349 (1831). In Hackett v. Milnor, 156 Pa. I (1893), there was a direc- tion to an executor to sell with the consent and approval of three daughters. One daughter died, and a sale approved by the other two was held to pass a good title. In this case, however, under the limitations of the will, the two surviving daughters were practically the sole and abs...olute owners ot the property, and, of course, could not be deprived of their right to make a sale or consent to a sale because of the death of their sister. It is possible in this case to construe the will as meaning that the power of sale was to be exercised with the consent of the three daughters and the survivor, but the court did not place the decision on that ground. (6) 13 D. R. 311 (1904), s. C. 30 Pa. C. C. 175. (7) 16 D. R. 441 at 443. (1907. ) The petition was presented by a trus- tee holding a one-fourth interest in trust, and the cestui que trust refused to consent.
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