fact, taken before any judge or justice of the peace or notary public, or any person authorized by the laws of the United States to take oaths or affirmations in foreign countries, and filed of record, shall be good service. Service having been made as aforesaid, the court shall, on the day fixed, make such decree as shall be proper in the premises. Guardians shall be notified and appear for their wards; and if minors have no guardian, the court may appoint one for them in the manner now or hereafter prescribed by law for the appointment of guardians, and such appointment may be made on the petition of any party interested with notice to the persons who shall by law be charged with the duty of petitioning for the appointment of a guardian. Committees and guardians shall be notified and appear for lunatics, habitual drunkards and weak-minded persons, and in each of such cases notice shall be given to the next of kin. Trustees shall be notified and appear for the cestuis que trust, provided that cestuis que trust of age and sound mind, having vested interests or interests subject to a condition precedent, shall also be notified, and all cestuis que trust not in being or unascertained shall be represented by the trustees aforesaid.

NOTE. This is founded on Section 3 of the Price Act, 4 Purd., 4017, and has been extended to include parties in interest in foreign countries or to authorize service in foreign countries.

See forms 58 to 66. See Act of July 11, 1917, (P. L. 790) Secs. 623-4 infra.

184. WHO SHALL EXECUTE DECREE.

SECTION 5. In all cases where, under the provisions of this Act, sales, mortgages, leases, or conveyances on ground rent shall be authorized or directed, the same shall be made by executors, administrators, guardians, trustees, committees or owners having a present vested interest, or trustees appointed for the purpose, as the court may order.

NOTE. This is founded on a part of Section 4 of the Price Act, 4 Purd. 4019, with the addition of the provision as to trustees appointed for the purpose.

185. APPOINTMENT OF TRUSTEES TO MAKE SALE AND INVEST PROCEEDS WHERE MINORS HAVE REMAINDER INTERESTS.

SECTION 6. Where lands and tenements are held by will or otherwise, for life or pur autre vie, by any person or persons,

with remainder to any minor or minors, and it shall appear to the court of the proper county, that it would be to the interests of such minor or minors that the same should be sold, in every such case upon the application of the tenant or tenants for life, or pur autre vie, as the case may be, the said court shall appoint a trustee to make sale of said lands; and the said trustee shall receive and hold the proceeds of such sale in trust for the parties in interest therein, and shall invest the same in investments authorized by law, and shall pay the interest thereof, as it shall accrue, to the tenants for life, or pur autre vie, until the estate for life, or pur autre vie, shall have terminated, and shall then pay over the principal sum to the person or persons entitled to such remainder.

NOTE. This is Clause II of Section 1 of the Act of April 3, 1851, P. L. 305, 1 Purd. 1119, altered by substituting "invest the same in investments authorized by law" for "loan the same upon good real estate security, upon bond and mortgage," and by omitting the word "orphans'" in the fourth line, and the reference to confirmation of the sale.

The remainder of Section 1, and Sections 2, 3 and 4 of the Act of 1851 are recommended for repeal as being sufficiently covered by other sections of the present draft.

See form 67.

186. EFFECTS OF DECREE.

SECTION 7. Every such decree made by the court shall have the effect as to the title authorized to be transferred (a) Of a common recovery to bar an estate tail or a remainder, whether contingent or to a class. (b) Of barring executory devises. (c) Of defeating the right of the commonwealth to forfeit real estate that may have been held by or for any corporation in excess of the amount now or hereafter duly authorized by law, only, however, in the case where no proceedings to procure a forfeiture shall have been commenced before the filing of the petition. (d) Of discharging the lien of decedents' debts not of record. In all cases where the proceedings shall be for the purpose of freeing the title of any of the limitations or defeasibility described in this section, that purpose shall be set forth in the petition in addition to the explanation of the title.

NOTE. This is derived from Sections 5 and 6 of the Price Act, 4 Purd. 4024-5. The jurisdiction to sell for the purpose of discharging the lien of debts not of record is omitted above as unnecessary, but this does not prevent the discharge of such liens by a sale under the Act. In the

last sentence, "or liens" is omitted after "limitations," and "or defeasibility" substituted.

187. TITLE TRANSFERRED.

SECTION 8. The title transferred in pursuance of any such decree of the court shall be such as is authorized in the decree, which title shall be indefeasible by any person ascertained or unascertained or any class of persons mentioned in the petition or decree and having a present or expectant interest in the premises and shall be unprejudiced by any error in the proceedings of the court, and where security shall be entered in accordance with the provisions hereof, no party who shall pay over money in pursuance of the decree of the court shall be liable to see to the application thereof, or be in any manner liable for or affected by any lien of debts of a decedent not of record, or by any trust, limitation of, or defects in the title set out in the petition or decree in pursuance of which the money is paid over. NOTE. This is derived from Section 5 of the Price Act, 4 Purd. 4023. 188. PAYMENT OR FORECLOSURE OF MORTGAGE. SECTION 9. In all cases where the court shall authorize or confirm the making of a mortgage, in any of the cases provided for in this Act, the title shall upon the mortgage being duly paid and satisfied of record revert to its former condition, except that nothing herein contained shall operate to extend the lien of the debts of a decedent not of record beyond the time now or hereafter allowed by law, and upon legal proceedings being brought upon the mortgage or bond accompanying the same as may now or hereafter be provided by law and the title being sold at sheriff's sale, in pursuance of such proceedings, the surplus proceeds of the sale, if any, after paying the mortgage, with interest and all costs, and liens, which may by law be payable out of the fund, shall be paid over to the party who made the mortgage, or such other person as the court may direct or appoint for that purpose, to be held by him as part of the mortgage money and subject to the same liens or limitations, provided that the sheriff shall not pay over any such sum until such additional bond shall be filed as the orphans' court may require under the circumstances of the case.

NOTE. This is a new section, covering matters not provided for in the Price Act.

See Myers v. Crick, 271 Pa. 399.

189. PURCHASE OR MORTGAGE MONEY, ETC.HOW HELD AND APPLIED; MAINTENANCE

AND EDUCATION OF MINORS.

SECTION 10. The purchase money, mortgage money, ground or other rents reserved or the title received in the case of an exchange or partition, for the title subject to a lien or limitation, shall be held for and applied to the use and benefit of the same persons and for the same interests, legal or equitable, present or future, vested, contingent or executory as the title so sold, mortgaged, conveyed on ground rent, let, partitioned or exchanged had been subject or held excepting only the case of an estate tail or the title of a corporation subject to forfeiture which in each case shall by the proceedings, without the necessity of a bond being filed by either the corporation or the tenant in tail, be converted into an absolute estate in fee-simple and all remainders, whether contingent or to a class, executory devises, and debts of a decedent not of record shall be transferred to the fund or title. raised by the proceedings in pursuance of the decree, as to which fund or title they shall take effect in like manner as they would have taken effect as to the title transferred under the decree. The court shall make such order or orders from time to time as to the distribution or investment of such funds as may be requisite to protect the interest of all persons who are or may become entitled thereto or to any part thereof. In every case of a sale, mortgage, lease or conveyance on ground rent under the provisions hereof, the purchase money, mortgage money, ground rent or other rents reserved shall nevertheless have and retain the quality of real estate as respects the devolution under the intestate laws of the interest of any infant, lunatic, or person non compos mentis as whose property the land was sold, mortgaged, leased or conveyed on ground rent. The court having jurisdiction may direct the application of such proceeds or part thereof for the maintenance and education of minor parties whose personal estate shall be insufficient for such purposes, or generally for the maintenance or education of parties having the like interests vested or expectant, provided such moneys can be equally and equitably so applied and without diminution of the capital that may of right become the property of parties having unbarred interests or title in remainder, or by executory devise.

NOTE. This is derived from Section 6 of the Price Act, 4 Purd. 4025, and Section 2 of the Act of June 15, 1897, P. L. 159, 4 Purd. 4033.

190. APPLICATION OF MONEYS TO PAYMENT OF LIENS OR IMPROVEMENT OF REAL ESTATE.

SECTION II. No principal moneys raised by sale or mortgage, as aforesaid, shall be expended for any other purpose than for the payment of liens upon or the improvement of the same real estate when mortgaged, or other real estate when held for the same uses and persons, except as provided in Section 10 of this Act; and it shall be the duty of the court to decree the proper application of all purchase moneys and rents, with the aid of an auditor when deemed necessary, to the discharge of liens and to parties interested, as and when they may be entitled.

NOTE. This is part of the proviso to Section 6 of the Price Act, 4 Purd. 4025.

191. APPOINTMENT OF MASTER TO REPORT ON EXPEDIENCY OF GRANTING APPLICA

TION.

SECTION 12. In all cases where an application shall be made to the court for a decree authorized under any of the provisions of this Act, the court may appoint a suitable person as master to investigate the facts of the case, and to report upon the expediency of granting the application and, in cases where authority is asked to make a sale or mortgage, upon the amount to be raised thereby; and upon such report being made, the court may decree accordingly.

NOTE. This is copied from Section 16 (e) of the Fiduciaries Act (see 436 infra.

See Act of July 11, 1917 (P. L. 790) Secs. 623-4 infra.

192. BOND OF PERSON OR CORPORATION CARRYING OUT DECREE.

SECTION 13. In all cases where the carrying out of any decree of the court under the provisions of this Act shall involve the receipt of money by the person carrying it out, the court shall direct the person acting under the decree to file a bond to the commonwealth in a sufficient amount conditioned for the proper application of all moneys to be received, which bond shall inure to the benefit of all parties interested and be executed by two individual sureties or by one corporate surety, approved by the