Handley's Estate

Supreme Court of Pennsylvania
Handley's Estate, 253 Pa. 119 (Pa. 1916)
97 A. 1040; 1916 Pa. LEXIS 796
Brown, Mestrezat, Moschzisker, Potter, Walling

Handley's Estate

Opinion of the Court

Per-Curiam,

Nothing was shown in the court below calling for any interference with the direction of the testator as to what shall be done with his real estate. To have granted the first and third prayers of the petitiofi of the Handley Board of Trustees would have been, as learned counsel for appellees well contend, “a substituted method” by the court for the disposition of the real estate of the deceased. His direction as to what is to be done with it, as found in the thirteenth clause of his will, is controlling, and his intention, as therein expressed, is not to be thwarted by any one.

Decree affirmed.

Reference

Cited By
1 case
Status
Published
Syllabus
Trusts and trustees — Decedents’ estates — Wills—Specific direction in will to sell — Election to iahe in Mnd. 1. A specific direction in testator’s will to sell real estate is controlling. 2. Decedent gave his residuary estate to a foreign charitable corporation and directed his executors to rent the r.eal estate for twenty years and at the end of that period to sell. Held, that such charitable corporation could not restrain the executors of the will from selling at the end of the period or compel a conveyance of the real estate to them in kind.