Appeal of Pennsylvania Co.

Citations

• 168 Pa. 431
• 32 A. 25
• 1895 Pa. LEXIS 816

Syllabus

<p>Wills — Bents from residuary real estate — Power of sale.</p> <p>A power of sale in a will does not wor-k an immediate conversion of the land as between the executor and the heir or legatee, but the title which accrued on the death of the testator remains in the heir or legatee, until divested by sale made under an order of the orphans’ court, or the power contained in the will._</p> <p>In such a case the executor has no authority to collect the rents accruing from the residuary real estate and to use them as assets of the testator’s estate.</p>