Muderspaugh's Estate
Muderspaugh's Estate
Opinion of the Court
Opinion by
The learned court below has properly disposed of the single question in this case, and its opinion vindicates the correctness of the conclusion. After giving a life estate to her husband, the testatrix directs that, after his death, “all my estate, real, personal and mixed, which may then be remaining shall be sold by a trustee to be appointed by the orphans’ court.... and after payment of the funeral expenses of my husband, Adam Muderspaugh, and the expense of marking his grave, and all other legal expenses and charges connected with the settlement of my estate,
The decree is affirmed.
Reference
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- ■ Wills — Power of sale — Partial conversion — Failure of purpose. Where a testator has by will directed a sale of his real estate for the specific purpose of producing a fund to pay charitable bequests named, a part of the fund intended for a bequest which fails, goes to the heirs at law as real estate, and not to the next of kin as personal property, and this is the case although the real estate was actually sold.