Appeal of Luffberry

Supreme Court of Pennsylvania
Appeal of Luffberry, 125 Pa. 513 (Pa. 1889)
17 A. 447; 1889 Pa. LEXIS 744
Green, McCollum, Mitchell, Sterrett, Williams

Appeal of Luffberry

Opinion of the Court

Per Curiam:

It is very evident, that in authorizing his executors to sell his real estate, the sole purpose of the testator was a division of the proceeds among the three charities named in connection therewith. That purpose having failed by reason of testator’s death within one calendar month after execution of his will, the power to sell became unnecessary and inoperative, and the land intended to have been converted into money for the specific purpose above mentioned, descended to Ms heirs. The subject has been so fully considered and so satisfactorily disposed of by the learned president of the Orphans’ Court that the decree is affirmed on his opinion.

Decree affirmed, and appeal dismissed at the costs of appellant.

Reference

Full Case Name
APPEAL OF H. B. LUFFBERRY, [Estate of John Hodges, Deceased.]
Cited By
14 cases
Status
Published
Syllabus
Where a testator directs bis executors to sell his real estate and to divide the proceeds among charitable institutions, and, under the act of April 26. 1855, P. L. 332, the bequests to the charities fail by reason of the testator’s death within one calendar month after the execution of his will, the power to sell becomes inoperative, and the land remains unconverted and descends to the testator’s heirs at law.