Bahn's Estate

Citations

• 57 Pa. Super. 457
• 1914 Pa. Super. LEXIS 218

Syllabus

<p>Wills — Construction—Conversion—Vested and contingent estates.</p> <p>1. Where time or other condition is annexed to the substance of a gift, and not merely to the payment, the legacy is contingent; but where the interest, whether by way of maintenance or otherwise, is given to the legatee in the meantime, the legacy shall, notwithstanding the gift itself appears to be postponed, vest immediately on the death of the testator.</p> <p>2. Where testatrix directs that her husband and her daughter “shall occupy my house and lot until such time as my husband and my executor shall agree to sell the same, and when so sold that the proceeds of said sale be equally divided share and share alike between my husband and my daughter,” and also authorizes her executor “to make as good a title of my real estate sold as I could were I living,” the will works an equitable conversion of the real estate into personalty for the purpose of distribution, and constitutes a vested legacy in the husband and daughter subject to no condition. If in such a case the real estate is not sold during the lifetime of the executor or husband, but is sold at an orphans’ court sale after the death of the husband, the proceeds of the sale are distributable, one-half to the daughter, and one-half to the administrator of the husband.</p>