Neumann's Estate
Neumann's Estate
Opinion of the Court
Opinion by
It has frequently been said that a conversion under a will only takes place when (first) there is a positive direction to sell, or (second) an absolute necessity to sell for the purpose of carrying out the provisions of a will, or (third) such a blending of real and personal estate by the will as clearly discloses an intention on the part of the testator to create a fund out of both real and personal property which he bequeaths as money: Hunt’s App., 105 Pa. 128; Irwin et al. v. Patchen, 164 Pa. 51; Cooper’s Est., 206 Pa. 628; Scott’s Est., 37 Pa. Superior Ct. 198. There is no positive direction to sell in the will under consideration. A power only is given to the executors to be exercised at their discretion. Nor can it be successfully contended that an absolute necessity to sell is apparent from the terms of the will. If the testator’s daughter had left issue over the age of twenty-one years the provisions of the will would have been fully executed without any necessity for the sale of the real estate, and certainly the occurrence of
Lands subject to a power of sale pass to the devisee until the power is exercised, pending which exercise the devisee is entitled to the rents.
The conclusion of the orphans’ court is in harmony with the adjudicated cases and the decree is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.