Bowers's Estate

Citations

• 262 Pa. 48
• 104 A. 824
• 1918 Pa. LEXIS 585

Syllabus

<p>Wills — Construction—Gift of realty for life with power to consume — Power in devisee to direct sale and demand proceeds — Sale of realty by testator — Ademption—Intention.</p> <p>A testator owning real and personal property, bequeathed all his estate in trust, to place the “money” at interest, lease the real estate and pay over the entire net income annually to his only daughter, during her life, and provided that if at any time she should ask the trustees to sell the real estate they should do so and pay her, out of the proceeds, such sum as she might in writing request, her receipt therefor to be a sufficient release. The will further provided that at her death “whatever estate remains” is to go to certain collateral legatees. Before his death testator converted his real estate into securities. Held, the securities passed under the will as personal estate and an award thereof to the daughter at her request could not be made, her only interest therein being for life.</p>