The Statutory Law of Decedents Estates in Pennsylvania With Annotations And Fo
The Statutory Law of Decedents Estates in Pennsylvania With Annotations And Fo
Raymond Moore Remick
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When the real estate, with respect to which application shall be made to the orphans' court having jurisdiction of the ac- counts of the executor or administrator, in cases of sales or mort- gages for the payment of debts of decedents under clause (&) of this section, is situated in the same county, the said court may order the sale or mortgage of such part or so much of such real estate as to them shall appear necessary. When the real estate is situated wholly in another county or counties, an...d the orphans' court to which such application shall be made shall be satisfied of the propriety of a sale or mortgage of some portion of such real estate not within their jurisdiction, it shall be lawful for such court to make a decree authorizing the raising of so much money as the said court may think necessary, from real estate situated in such county or counties as they may designate ; and thereupon it shall be the duty of the orphans' court of the county wherein the real estate so designated is situated, upon the petition of such executor or administrator, to make an order for the sale or mort- gage, as they shall think expedient, of so much and such parts of such real estate as shall, in their opinion, be necessary to raise the specified sum ; and such executor or administrator shall in all cases make return of his proceedings, in relation to such sale or mortgage, to the orphans' court of the county in which the real estate so sold or mortgaged lies: Provided, That where the or- phans' court to which such application shall be made shall make a decree authorizing the raising of money from real estate which is wholly without the county where such application shall be made FIDUCIARIES ACT SECTION 16 (/) i, 2 343 and is divided by a county line, the further proceedings shall be in the orphans' court of the county where the mansion house is situated, or, if there be no mansion house, in the county where the principal improvements are, or, if there be no improvements, in either county.
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