Kessler's Estate
Supreme Court of Pennsylvania
Kessler's Estate, 264 Pa. 422 (Pa. 1919)
107 A. 776; 1919 Pa. LEXIS 666
Brown, Frazer, Kephart, Simpson, Walling
Kessler's Estate
Opinion of the Court
During the continuance of the trust for the benefit of the widow and brother of the testator the sale of his real estate was within the discretion of his executors, but his unqualified direction was that upon the death of the survivor of them, they should sell it for the purpose of distribution. That this converted it into money is beyond question, and it was so properly distributed by the court below: Laird’s App., 85 Pa. 339; Dull’s Est., 222 Pa. 208.
Appeal dismissed and decree affirmed at appellant’s costs.
Reference
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Wills — Power of sale — Conversion. Where a testator gives his estate to his executors in trust to pay the income to his wife for life, and after her death to pay the income of his brother for life and further provides that “for the better management and final distribution of my estate I authorize and empower (and after the decease of my wife and brother which ever shall last happen) order and direct my executors to sell and dispose of the whole or any part of my real estate,” the direction to sell after the death of the wife and brother, works a conversion of the real estate into money, and after the death of the wife and brother, it is properly distributed as such.