Appeal of Wentz

Citations

• 126 Pa. 541
• 17 A. 875
• 1889 Pa. LEXIS 911

Syllabus

<p>1. The money derived from a sale of land in partition proceedings is never real estate, any more in law than in fa,ct, but for a certain purpose and within a certain limit it is to be treated as real estate: that purpose is to preserve the quality of the estate so that it will vest in the persons who would have been entitled to it, had it remained unconverted, and the limit is the first transmission.</p> <p>(a) The owner of land died intestate leaving a widow and children. The land was sold in partition proceedings, and one third of the proceeds charged for the protection of the widow’s dower. A daughter married, gave birth to a son and died. The son died unmarried and without issue, and subsequently the son’s father died, the widow of the intestate then still living. The widow afterwards died, when the dower fund was distributable.</p> <p>2. In such case, the daughter’s share of the proceeds vested in her as real estate when the land was sold, in possession as to part and in remainder as to the balance after the widow’s life interest, and, the purpose of the rule being then accomplished, the share resumed its character as personal estate, and as such passed to her son, through •him to the son’s father and then to the father’s personal representative.</p>