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MAIER v. HENNING

378 Pa.Super. 410 (1988)

548 A.2d 1266

Albert F. MAIER and Albert F. Maier, Jr., Executors of the Estate of Walter J. Sudu, a/k/a Walter Sudu, Deceased, v. Earl L. HENNING, Gunnar M. Henning and Maynard W. Henning, Trading as GEM Properties, and Joseph Sudu, Stanley Sudu and Anna Percz. Appeal of Joseph SUDU, Stanley Sudu and Anna Percz. Albert F. MAIER and Albert F. Maier, Jr., Executors of the Estate of Walter J. Sudu, a/k/a Walter Sudu, Deceased, Appellants, v. Earl L. HENNING, Gunnar M. Henning and Maynard W. Henning, Trading as GEM Properties, and Joseph Sudu, Stanley Sudu and Anna Percz.

Supreme Court of Pennsylvania.

Filed October 12, 1988.

Attorney(s) appearing for the Case

Harry A. Jacobowitz, Palmerton, for appellants (at 2488) and appellees (at 2526).

Roger N. Nanovic, II, Jim Thorpe, for appellants (at 2526) and appellees (at 2488).

Patricia Carroll, Blue Bell, and Edward J. Hayes, Philadelphia, for appellees (at 2488 and 2526).

Before BECK, KELLY and JOHNSON, JJ.

JOHNSON, Judge:

This is a consolidated appeal from summary judgment which the Orphans' Court Division of the Court of Common Pleas of Carbon County granted in a declaratory judgment action.

We are asked to determine whether a general power of sale clause contained in a will may override an express limitation upon sale found in the Probate, Estates and Fiduciaries Code1 (the...

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