Glentworth's Estate
Glentworth's Estate
Opinion of the Court
The testatrix was possessed of both real and personal property, the former having come to her ex parte paterna. She knew the difference and had it in mind when she made her will, for she made a separate clause in regard to each class. For the real estate she directed that her executor should sell “ all my real estate .... and distribute the proceeds thereof to and among such persons and in such shares as would be entitled thereto under the intestate laws of the State of Pennsylvania, ” while for the personalty her direction was, “ Third. All of my personal property wheresoever found I give and bequeath to such persons and in such shares as would be entitled under the intestate laws of Pennsylvania, and I request my executor to distribute the same as rapidly as possible.”
It is manifest that the testatrix had no intention of making
On the other hand, when she was disposing of her personal property, she “ gave and bequeathed ” it directly to such persons and in such shares as would be entitled under the intestate laws. It is plain that she was intentionally dealing with a different class of property and a different set of beneficiaries.
Decree reversed and distribution ordered to be made in accordance with this opinion.
Reference
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- Syllabus
- Will — Direction to sell real estate — Distribution under the intestate law— Conversion — Intention. Where a testatrix possessed of real estate ex parte paterna directs her executor to sell all of her real estate, and distribute the proceeds thereof to such persons as would be entitled thereto, under the intestate laws, and in another and separate clause of her will, gives and bequeaths her personal property to such persons as would be entitled under the intestate laws, the direction to sell the real estate does not work a conversion of it into personalty so as to change the course of inheritances. In such a case, the direction to sell was merely for convenience of distribution, and as conversion never operates except to carry out the intention of the testator, it could not in this case alter the course of inheritance.