McKown's Estate

Supreme Court of Pennsylvania
McKown's Estate, 263 Pa. 258 (Pa. 1919)
106 A. 301; 1919 Pa. LEXIS 412
Brown, Fox, Frazer, Simpson, Walling

McKown's Estate

Opinion of the Court

Per Curiam,

The tenth paragraph of the will of Elizabeth Mc-Kown, who died February 2,1917, is: “All of the money that I may have at the time of my decease; whether on deposit in bank or in my personal possession or subject to my order and control, I give and bequeath to John W. McKown and Lennie J. McKown, his wife, of Los Angeles, California, (John W. McKown being a nephew of my deceased husband) and I direct that no account shall be taken by my executor, of any money received by me from the estate of my deceased husband and expended or disposed of by me during my lifetime.” On July 1, 1916, the testatrix gave an option to a lessee of a part of her real estate to purchase the same at any time prior to June 1, 1917. The offer was accepted some time during that month, nearly five months after the death of the testatrix, and the executors subsequently received the purchase money. The appellants claim it under the above quoted tenth clause of the will of the testatrix. *260Tbe proceeds of tbe sale claimed by them were not money in tbe possession or subject to tbe order and control of tbe testatrix at tbe time of ber death, and could not have been so, if sbe bad lived, until tbe acceptance of tbe option, and, under ber clearly expressed intention as to just wbat tbe appellants were to receive from ber estate, tbe learned court below properly dismissed tbeir claim.

Appeal' dismissed at appellants’ costs.

Reference

Cited By
2 cases
Status
Published
Syllabus
Wills — Bequest of money — Proceeds of sale of real estate. The proceeds of the sale of real estate received by an executor from the holder of an option to purchase, who exercises it after the decease of the testatrix, are not money in possession or subject to the order and control of the testatrix, at the time of her decease, and therefore do not pass to the legatees to whom the testatrix bequeathed, “all of the money that I may have at the time of my decease, whether on deposit in bank or in my personal possession or subject to my order and control.”