Coverage note: this corpus holds the
consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check
palegis.us.
§ 3355. Restraint of sale.
The court, on its own motion or upon application of any party in interest, in its
discretion, may restrain a personal representative from making any sale under an authority
not given by the governing instrument or from carrying out any contract of sale made
by him under an authority not so given. The order may be conditioned upon the applicant
giving bond for the protection of parties in interest who may be prejudiced thereby.
The order shall be void as against a bona fide grantee of, or holder of a lien on,
real estate unless the decree restraining the sale, or a duplicate original or certified
copy thereof, is recorded in the deed book in the office of the recorder of deeds
in the county in which such real estate lies, before the recording or entering of
the instrument or lien under which such grantee or lienholder claims.
Cross References. Section 3355 is referred to in sections 5153, 5521, 7792 of this title.
Notes of Decisions
In Re Milton Hershey Sch. Trust, 807 A.2d 324 (Pa. Commw. Ct. 2002).
· cites it 4× “They first claim as a rule absolute that under the Probate, Estate, and Fiduciaries Code this Court cannot restrain any sale of trust assets if a trustee has a power to sell.”
In Re Est. of Hughes, 538 A.2d 470 (Pa. 1988).
“20 Pa.C.S. § 3355. 3 It is appellant’s position that the first section cited above, 20 Pa.”
In re Est. of Hughes, 515 A.2d 581 (Pa. Super. Ct. 1986).
· cites it 2× “Restraint of sale The court, on its own motion or upon application of any party in interest, in its discretion, may restrain a personal representative from making any sale under an authority not given by the governing instrument or from carrying out any contract of sale made by…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.