Brandon v. Mckinney

Citations

• 233 Pa. 481
• 82 A. 764
• 1912 Pa. LEXIS 857

Syllabus

<p>Real estate — Conversion by will — Reconversion—Intention—Acts of parties — Judgments.</p> <p>1. While the intention on the part of the persons beneficially interested to reconvert into realty real estate of a decedent which had by will been converted into personalty must clearly and unmistakably appear, yet a direct election is not necessary. Any act or acts which disclose plainly an intention to hold the real estate as such are sufficient.</p> <p>2. Where it appears that the parties beneficially interested in real estate directed by a testator to be sold, took control of the real estate the year following testator’s death, leased the premises for oil and gas purposes, issued pipe line division orders for oil procured from the leases and made a deed granting a right of way to a railroad company across the premises, such acts are properly held to constitute an election as of the date of the deed to the railroad company, and judgments entered thereafter against the parties became a lien on the property.</p> <p>Equity — Jurisdiction—Conversion—Written evidence — Questions of court.</p> <p>3. A court of equity has jurisdiction to decree partition where the issue is a question of reconversion and this depends upon evidence in writing disclosing the intention of the parties.</p> <p>Appeals, C. P. — Objection—Time for objection — Insufficiency of pleadings.</p> <p>4. It is too late for a party on appeal to complain for the first time of the insufficiency of the averments in a bill in equity, after the testimony had been given before the chancellor and the facts found and a decree made.</p>