Barnitz v. Hydeman

Citations

• 268 Pa. 216
• 110 A. 729
• 1920 Pa. LEXIS 654

Syllabus

<p>Wills — Direction to sell real estate — Life estate — Remctindermen —Election to take as real estate — Title.</p> <p>1. Where a will creating a life estate directs a sale by the executor at the request of the life tenants, and all of the life tenants, remaindermen, and devisees of deceased remaindermen, constituting all the parties in interest, elect to take the property as real estate, there is no necessity for a sale by the executor to carry out the provisions of the will, and the parties in interest can, themselves, convey a good title.</p> <p>2. Where a will directs that all the testatrix’s earthly possessions shall remain “untouched” for the use of three sisters and a brother, naming them, and makes certain bequests (which are void in law), to take effect after the death of the last of these, with a final gift of the remainder of her estate to her sisters and brother “to dispose of as they see fit,” the surviving brother and sister and devisees of deceased sisters take a fee in all the right, title and interest in the real estate of which testatrix died possessed.</p>