In re Estate of Solliday

Supreme Court of Pennsylvania April 13, 1896

In re Estate of Solliday, 175 Pa. 114 (Pa. 1896)

34 A. 548; 1896 Pa. LEXIS 1217

Cueiam, Dean, Fell, Green, McCollum, Mitchell

Opinion of the Court

Pee Cueiam,

The decree of the court below in this case is affirmed on the

opinion of the auditing judge. The provision in the will' regarding the sale of the real estate does not come within the operation of any of the cases cited for the appellant. There was a positive prohibition of any sale for ten years after testator’s death, and only a discretion to sell after that. There was no bequest of the proceeds of sale specifically as such and hence no implication of a necessity to sell for that purpose.

Decree affirmed and appeal dismissed at the cost of the appellant.

Reference

Full Case Name: In re Estate of Daniel H. Solliday, Appeal of Marie S. Martin
Cited By: 1 case
Status: Published
Syllabus: Will — Conversion—Power lo sell real estate — Discretion of executors. Testator by his will gave to his children “ all the estate i-eal and personal ” of which he might die seized. He gave his executors ‘1 full power to settle up my estate; but my real estate shall not be sold until ten years after my death and after the expiration of ten years from my death my executors are hereby authorized to sell the same, or any part thereof.” Held, that there was no conversion of the real estate under testator’s will.